California Family Law Attorney
Recent Posts
Archives
225 South Civic Drive Suite 1-3 Palm Springs, CA 92262

Recent Posts in Procedures and Mechanics of Dissolutions Category

35 results found. Viewing page 1 of 2. Go to page 1 2   Next

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 ...
Continue reading "Excluding evidence outside pleadings, including "incidents" not alleged in Request for DVTRO Orders" »

Overview of Procedure and Process in Divorce, From the Initial Petition Filing to Judgment

What Is the Divorce Process From Initial Petition Filing, to Requests for Temporary Orders, to Judgment and the Conclusion of the Case? My goal is to empower and introduce you, the legal consumer, ...
Continue reading "Overview of Procedure and Process in Divorce, From the Initial Petition Filing to Judgment" »

What To Know About Appeals in Divorce and Family Law Cases! Part I: Get It Mostly Right in the Trial Court!

What Are the Basic Rules Governing Appeals in Family Law Cases - An Overview The EnlightenedDivorce Blog™ has been in existence since 2008. Over the course of that time, one of the things ...
Continue reading "What To Know About Appeals in Divorce and Family Law Cases! Part I: Get It Mostly Right in the Trial Court!" »

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 ...
Continue reading "Self-Represented Party Needs TIPS On How to Take DIVORCE DEPOSITION With Production Request and How to Deal With Objections From Spouse's Attorney" »

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 ...
Continue reading "Am I Entitled To Obtain Discovery In a Post-Judgment Application In a Dissolution?" »

I Intend to File for Divorce in Joshua Tree - Do You Have Any Insights About the Judges and the Local Rules?

Family Law In Joshua Tree: Some Pointers and a Brief Overview By: Michael C. Peterson, Esq. I have had the pleasure of litigating and settling many family law cases in the Joshua Tree courthouse over ...
Continue reading "I Intend to File for Divorce in Joshua Tree - Do You Have Any Insights About the Judges and the Local Rules?" »

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 ...
Continue reading "Some Pointers for Lawyers and Parties Who Face SURPRISE MOTIONS TO QUASH" »

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, ...
Continue reading "What Are the Important COURT FILING and SERVICE DEADLINES in Divorce and Family Law?" »

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 ...
Continue reading "A REVIEW of the Top California Marriage Based FIDUCIARY DUTY STATUTES" »

Is It Possible to Appear In My FAMILY LAW or DIVORCE Case by Phone?

Q. I have an upcoming hearing in my family law case. Can I appear by telephone or must I be physically present in the courtroom? A. There is authority for telephonic appearances in California family ...
Continue reading "Is It Possible to Appear In My FAMILY LAW or DIVORCE Case by Phone?" »

Indio Family Court Comm. Gregory Olson | Riverside County Family Law Judges

This is reprinted from an interview for the March, 2013 Desert Bar Associations monthly Family Law Section newsletter. The link to the issue itself is at the bottom of the page. FLS COMMUNITY ...
Continue reading "Indio Family Court Comm. Gregory Olson | Riverside County Family Law Judges" »

New Cal. Rules of Court, Rule 5.111 - Increasing Litigation Costs Impairs Justice

Important Changes to the Rules For Making Evidentiary Objections to the Contents of Declarations That Support and Oppose Requests for Orders: Meet California Rules of Court, Rule 5.111 Palm Springs ...
Continue reading "New Cal. Rules of Court, Rule 5.111 - Increasing Litigation Costs Impairs Justice" »

Dividing JOINTLY TITLED PROPERTY Acquired Before Marriage (or RDP) - Family Law Act or Partition?

Family Court Jurisdiction to Divide Jointly Titled Properties Acquired Before Marriage or Domestic Partnership Registration: Family Code Section 2650 My office seems to be the final resting place for ...
Continue reading "Dividing JOINTLY TITLED PROPERTY Acquired Before Marriage (or RDP) - Family Law Act or Partition?" »

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 ...
Continue reading "A Family Court Judge's Perspective On EFFECTIVE ADVOCACY" »

TIPS for Drafting Family Court DECLARATIONS

Rules for Declarations Filed In Family Court Whether you are a self-represented party or an attorney, I want to remind you that rules govern the declarations that you file in family law proceedings - ...
Continue reading "TIPS for Drafting Family Court DECLARATIONS" »

If DATE OF SEPARATION Is Contested, What Do Courts Look At?

Q. If I contest date of separation, what evidence do courts look at? A. The question for trial courts is: Does one or both spouses objectively and subjectively act and appear as though they intend a ...
Continue reading "If DATE OF SEPARATION Is Contested, What Do Courts Look At?" »

Proposed 2012 REVISIONS to JUDICIAL COUNCIL FORMS; ATTORNEY FEE REQUESTS

Palm Springs Divorce and Family Law Attorney Mark D. Gershenson was kind enough to provide me the Family and Juvenile Law Advisory Committee Report to the Administrative Office of the Courts, Judicial ...
Continue reading "Proposed 2012 REVISIONS to JUDICIAL COUNCIL FORMS; ATTORNEY FEE REQUESTS" »

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 ...
Continue reading "Pointers for Dealing With FAMILY COURT JUDGES (Difficult and Otherwise) - What Every Lawyer and PRO PER Should Know!" »

What Is the TIME LIMIT For Filing a RESPONSIVE or REPLY DECLARATION in Family Law Proceedings?

Q. I want to file reply paperwork in opposition to the Responsive Declaration I received from my ex on a pending motion for child custody. How and when must this be accomplished? Failure to comply ...
Continue reading "What Is the TIME LIMIT For Filing a RESPONSIVE or REPLY DECLARATION in Family Law Proceedings?" »

What to Do If My CASE Is Being TRANSFERRED BETWEEN COURTS in Riverside County?

Q. My Wife's attorney filed a dissolution at the main Riverside County courthouse, but we both live in the Coachella Valley. They should have filed it in Indio. It is a long drive for me to ...
Continue reading "What to Do If My CASE Is Being TRANSFERRED BETWEEN COURTS in Riverside County?" »

Making DIVORCE JUDGES ACCOUNTABLE - What Is A STATEMENT OF DECISION?

What Are "Statements of Decision" in California Marital Dissolutions? Given the 2011 changes to the California Family Code brought about by the recommendations of the Elkins Task Force, you ...
Continue reading "Making DIVORCE JUDGES ACCOUNTABLE - What Is A STATEMENT OF DECISION?" »

How Do I DISQUALIFY The JUDGE Assigned to My Case?

Q. My husband has filed for divorce and set a hearing for custody of our children. I was just served with the papers. My girlfriends tell me that the judge assigned to my case may be prejudiced ...
Continue reading "How Do I DISQUALIFY The JUDGE Assigned to My Case?" »

SANCTIONS For Failure to Complete the FINAL DECLARATION OF DISCLOSURE

The Preliminary Declaration of Disclosure I've recently blogged the importance of complying with Family Code section 2103 and section 2104, which obligate both parties to a pending dissolution, ...
Continue reading "SANCTIONS For Failure to Complete the FINAL DECLARATION OF DISCLOSURE" »

2011 REVISIONS to the California Family Code: Serving POST-JUDGMENT OSC's and MOTIONS

Effective January 1, 2011, you may serve post-judgment motions to modify custody, visitation, or child support orders by regular mail and file with the Court a declaration of mailing. This is revised ...
Continue reading "2011 REVISIONS to the California Family Code: Serving POST-JUDGMENT OSC's and MOTIONS" »

ELKINS and New FAMILY CODE SECTION 217: How It AFFECTS YOU!

Elkins and Live-Witness Testimony The most important new rule in decades affecting the experience of California Family Law litigants is set to be unleashed on January 1, 2011. It promises a radical ...
Continue reading "ELKINS and New FAMILY CODE SECTION 217: How It AFFECTS YOU!" »
35 results found. Viewing page 1 of 2. Go to page 1 2   Next