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Recent Posts in Common Mistakes Category

Excluding evidence outside pleadings, including "incidents" not alleged in Request for DVTRO Orders

How Do I Exclude Evidence That Is Outside of the Scope of the Pleadings Filed By the Other Party At My Family Law RFO or Domestic Violence Hearing? While historically it has seemed that Family Court ...
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Simplified Overview of How Property Rights Are Determined In Divorce | Dividing Community and Separate Property

Thurman's Best Attempt At a Simple Outline of the Divorce Process - Issues Involving Money Many people bump into the Enlightened Divorce Blog™ while trying to figure out how to handle, ...
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Second Opinion Divorce and Family Law Consults Offered in January, 2017 At An Experimental Fixed Rate!

Want a California Divorce or Family Law Second Opinion On Your Pending or Soon to Be Filed Case from Expert and Experienced Family Law Attorneys? ~ Please Don't Blow Yourself Up ~ I've decided ...
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Ex-Wife Claims I Owe Her Past Child and Spousal Support, When I Paid Her in Full!

Q. My ex-wife filed a motion claiming I owe her $75,000, plus interest, for child and spousal support that I paid years ago. Our kids are grown and married. She remarried six years ago. I've moved ...
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May I Make a Motion for a Directed Verdict in a California Family Law Case?

What is the Correct Procedure for Making a Motion for Judgment in a Family Law, Non-Jury Trial? Most trial lawyers, and particularly those with jury trial experience, are generally familiar with a ...
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The Art of the Objection In California Family Law Litigation

The Art of Family Law and Divorce Objections: Evidence and Procedure in California Family Law Proceedings and RFO Requests By: Michael C. Peterson, CFLS Introduction: Whether you are an attorney, or ...
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Self-Represented Party Needs TIPS On How to Take DIVORCE DEPOSITION With Production Request and How to Deal With Objections From Spouse's Attorney

Tips On Using Notices of Deposition Together With A Demand for Production in Divorce and Family Law Proceedings I was recently asked by a reader of our Enlightened Divorce Blog™ about how to ...
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When Does Making Threats In Divorce and Family Law Proceedings Become Extortion or 'Merely' Unethical?

Divorce Lawyer Ethics: Threatening Criminal, Administrative, or Disciplinary Action to Advance a Civil Cause (The Get 'Em Over a Barrel Ethical Quandary) By: Michael C. Peterson As a California ...
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SANCTIONS for Failure to Disclose SEPARATE PROPERTY As Breach of Fiduciary Duty - Marriage of Simmons

Marriage of Simmons (April 18, 2013) 215 Cal.App.4th 584 Q. Does a spouse have the obligation to disclose separate property assets in the course of a dissolution proceeding and, if so, what are the ...
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Some Pointers for Lawyers and Parties Who Face SURPRISE MOTIONS TO QUASH

Q. How should I handle a motion to quash in a family law proceeding when the other party brings it up at the first hearing? Anticipating and Opposing Last Minute, Bogus, Motions to Quash Service of ...
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What Are the Important COURT FILING and SERVICE DEADLINES in Divorce and Family Law?

Q. I am an in Pro Per dad getting tripped up by the rules pertaining to service in my divorce proceedings. I seem to get something wrong every time! Can you give us an outline of when to serve what, ...
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A REVIEW of the Top California Marriage Based FIDUCIARY DUTY STATUTES

What Are the Key California Fiduciary Duty Statutes, and How Are They Applied ? Part I - Introduction to Fiduciary Duties Given the large number of reversals of fiduciary duty claims at the trial ...
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New Requirement for MEET AND CONFER Before RFO Hearings!

Parties to Family Law and Divorce Litigation Are Now Required to "Meet and Confer" Before Hearings In the never ending struggle to force family law litigants to stop the bickering and ...
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WEBCAM Divorce and (SECOND OPINION) Family Law Consults!

Second Opinion Family Law Consults You have found this website because you have questions about a system of rules that is alien and certain to dramatically change the landscape of your life, ...
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RED FLAGS That Imply Your SPOUSE May Be PLANNING To CHEAT You!

Red Flags That Your Spouse May Be Planning To Cheat You In a Divorce ! Experienced divorce lawyers and forensic CPAs know a few things about suspicious conduct that might escape your attention as it ...
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Pre-Marriage TIPS for MEN - Surviving DIVORCE Without A Prenup!

Q. What steps can I take to protect my assets from divorce? My fiance refuses to sign a premarital agreement. Can I be protected without a prenup? A. Let's face it - while many men consult a ...
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Family Law ADVOCACY TIPS For Lawyers and Self-Represented Parties: The 80-20 Principle!

The 80-20 Principle and Tips For Drafting Pleadings and Making Better Presentations In Family Court I had the honor to participate recently in a workshop for the Family Law Section of the Desert Bar ...
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The Ten Biggest Mistakes People Make That Impair Their Rights Upon Divorce

The Most Common Mistakes That Radically Affect Marital Rights and Obligations Upon Separation or Divorce It is amazing how we tend to enter into the most important business relationship of our lives ...
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A Family Court Judge's Perspective On EFFECTIVE ADVOCACY

Here is an article that Indio Superior Court Judge Dale R. Wells wrote for publication in the Desert Bar Association's, Family Law Section, monthly newsletter (June, 2012, Vol. 6:12). His article ...
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Pointers for Dealing With FAMILY COURT JUDGES (Difficult and Otherwise) - What Every Lawyer and PRO PER Should Know!

Working with Family Court Judges I recently attended this year's annual AFCC (Association of Family and Conciliation Courts) Conference in Orlando. Two Canadian jurists put on a workshop entitled ...
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Marriage of Davenport: Trial Court SANCTIONS Wife Under FC Section 271 for Her ATTORNEYS' "UNBRIDLED AGGRESSION" In Family Court Proceedings!

A Shifting Judicial Response to Overzealous Advocacy: Excessively Exuberant and Inflammatory Litigation Tactics Will Not Be Tolerated in California Marriage of Davenport (2011) 194 Cal.App.4th 1507 In ...
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