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Can Self-Defense Be Used to Defend Against Claims of Domestic Violence?

Self-Defense and Domestic Violence: Defending DV Abuse Claims and In re Marriage of Grissom By: Michael C. Peterson, CFLS A trend in California appellate courts over the past ten years in domestic ...
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Can Supported Retired Spouse Be Forced to Fund Own Support or Resume Working After Age 65 | Marriage of McLain

Extending Marriage of Reynolds, Senior Citizens Facing Divorce Cannot Be Forced to Quit Retirement to Fund Their Self-Support The California Fourth Appellate District, Division Two, which includes ...
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Marriage of Sagonowsky | Family Code 271 Sanctions Limited to Awards For Attorney Fees and Costs | Try CCP Section 128.5!

Family Code Section 271 Only Authorizes Trial Courts to Issue Sanctions' Awards in the Form of Attorney Fees and Costs, and Not General Damages for the Consequences of Alleged Misconduct We've ...
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Denial of Spousal Support Extended to Include DV Perpetrated Against Child

Expanding Spousal Support Denial In Cases of Domestic Violence - Meet IRMO Gomez and Shue : No Alimony to Abusive Parents! What Might This Mean for You? While the language of Section 4320(i) of the ...
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Marriage of Wilson - Trial Court May Refuse to Enforce Child Support Orders Where Minor Living With Grandparents!

California Courts Can Consider Equitable (Fairness) Arguments and Refuse to Enforce Child Support Orders In Favor of a Parent When The Children Were Living with Grandparents! In re Marriage of Wilson ...
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Marriage of Murchison - Can I Disqualify My Spouse's Attorney?

REQUIREMENT OF "STANDING" TO DISQUALIFY OPPOSING DIVORCE COUNSEL Feel like the other party’s attorney has been unethical in your divorce case and want them disqualified from hassling ...
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Magnitude 8.1 Earthquake Rocks California Laws Governing Date of Separation - Meet Marriage of Davis!

California Divorce Laws Rocked by Seismic Shift In Defining Date of Separation ! Marriage of Davis (7/20/15) [Click to Read] By T.W. Arnold III, CFLS In what is possibly its most shocking family law ...
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Am I Entitled To Obtain Discovery In a Post-Judgment Application In a Dissolution?

Q. I am seeking to enforce a trial court judgment, by which my former wife owed me Epstein reimbursements, as against some property that was divided by the judge and awarded to her. I intend to file a ...
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Donald Sterling and His Wife Rochelle: The L.A. Clippers, Racism, and a Grounded Application of California Family Law Principles

Donald and Rochelle Sterling, the LA Clippers, and California Family Law: A Statutory Analysis of Their Looming Divorce By: Michael C. Peterson, Esq. The Background Everyone who watches the networks ...
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Is a "Book of Business" of a Professional Person, Established During Marriage, a "Divisible" Community Property Asset?

Q. Having run out of money, I have been representing myself for about two years. The current issue before the court is the petitioner’s motion for alternate date of valuation filed with regard ...
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What Is Our DATE OF SEPARATION? Maybe Whatever a Trial Court Says It is!

Q. My wife and I have continued to reside in the same household, although we each understood the marriage was over several years ago. We continued to live together for the kids, and to share expenses ...
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Riverside Family Court Judge Reversed on Attorney Fee Request - Exalts FORM Over SUBSTANCE

Marriage of Sharples : Trial Court Must Not Exalt Court Forms Over Substance When Ruling On Attorney Fees Requests A Riverside County family court judge was recently overturned in a denial of attorney ...
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Marriage of Kahn - Self-Represented Parties, Discovery Sanctions and Indio Divorce Attorneys

Marriage of Kahn (2013) 215 Cal.App.4th 1113 - Don't Think You Can Get Away With Discovery Game Playing By Becoming Self-Represented! Or "How to Avoid Divorce Trance for Lawyers Who Represent ...
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Marriage of Georgiou: The Time To File Fiduciary Duty Set Aside Motions Is Limited!

Marriage of Georgiou and Leslie: If Your Attorney(s) Fails to Ask the Right Questions, and You Have Some Information About the Nature of a Potential Community Property Asset, You Had Better Act Fast! ...
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Marriage of Facter: Best Practices for Drafting California Premarital Agreements Waiving or Limiting Spousal Support

Marriage of Facter : Appellate Court Clues About Unconscionability of Spousal Support (and Other) Waivers in Prenups at Time of Enforcement By TWA III The lawyers among you will know that California ...
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Penile LIE DETECTOR Tests: Coming to a FAMILY COURT Near You?

Have you ever heard of "phallometric testing" ? I confess I had not, until it was twice mentioned (apparently with approval) by Justice Benke in a recent and important decision that reversed ...
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IRMO FREITAS: Limitations On Retroactive Support Modifications

Modification of Temporary Support Orders Revisited by Mark D. Gershenson, Esq. You may recall that last year in In re Marriage of Gruen (2011)191 Cal.App.4th 627, we were reminded that temporary child ...
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In Re DRAKE M.: Marijuana Use Is Not Necessarily Abuse

GUEST BLOG! Pot: Lawful Use is Not Necessarily Abuse by Mark D. Gershenson, Esq. Marijuana has been in the news quite a bit lately. Voters in the states of Colorado and Washington voted last month to ...
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Can I REMOVE and Replace an EC Section 730 Custody Evaluator for BIAS?

Q. I have been ordered into a "730 Evaluation" with a Marriage and Family Therapist. My former wife and I are battling over custody. For a number of reasons (including the evaluator's ...
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FORM 8332 NOW MANDATORY TO CLAIM DEPENDENCY EXEMPTIONS

Form 8332 Must Be Submitted With Your Return If A Noncustodial Parent Wishes to Receive the Dependency Exemption for a Child There has been an important 2011 change in IRS policies with regard to the ...
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Court Upholds PRENUPTIAL AGREEMENT Where Wife Alleged Husband Falsely Stated Net Worth

In Re Marriage of Hill and Dittmer (1/18/12), B226017 While prenuptial agreements were once viewed with suspicion by trial courts, a recent decision reflects the current trend to uphold them ...
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2nd Appellate District Severely Limits GRANDPARENT VISITATION Under Family Code Section 3102

Rich v. Thatcher (2011) 200 Cal.App.4th 1176 In what reads to me to be a myopic opinion, Justice Yegan of Division Six of the Second Appellate District has declared that biological grandparents have a ...
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Wife Bears Own ATTORNEY FEES In Failed SET ASIDE MOTION Involving MSA

Attorney Fees in Set Aside Motions Marriage of Guilardi (11/7/11) 200 Cal.App.4th 770 The Sixth District Appellate Court (including Santa Clara County) has upheld a trial court denial of recovery for ...
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GRANDPARENT RIGHTS: Recent RIVERSIDE Case Orders VISITATION To GP After DEATH OF PARENT

Hoag v. Diedjomahor (October 17, 2011), 200 Cal.App.4th 1008 The Facts The Fourth Appellate Division released a published opinion on October 17, 2011 in the case of Hoag v. Diedjomahor, a case which ...
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DEVIATING From "Guideline" (Presumptively Correct) CHILD SUPPORT in HIGH EARNER Cases

Special Circumstances in Child Support Cases Involving an Extraordinarily High Earners Actor Jon Cryer, one of the stars of the series "Two and a Half Men", was recently rebuffed by the ...
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