What issues can be resolved in a California divorce?
The Family Court is a Court of limited jurisdiction. It does not involve all disputes between married persons. In general, the Family Court is limited to resolving issues of child custody, community property, child support, spousal support (alimony), attorney fees necessary for representation, and enforcement of orders and domestic violence...
I am in a Covenant Marriage. Can I get a California Divorce?
California does not differentiate between valid types of marriage when granting a Divorce or Legal Separation. Three states (Arkansas, Arizona, and Louisiana) have a special marriage distinction which restricts reasons for divorce (such as the parties must live apart for at least a year, one party has to have a...
How does a California Court determine the “Date of Separation” in a divorce case?
Date of Separation The “date of separation” is very important for community property purposes, because property acquired after the date of separation is not subject to the legal presumption that it is community property. Similarly, debts incurred by a married person after the date of separation are not necessarily community...
Regis Philbin’s Family Law “Rule”.
Regis Philbin passed away recently. Did you know that the “Who Wants To Be A Millionaire” host has a special place in California Family Law? How famous do you have to be to get a Family Court “Rule of Law” named after you? In the late 80's and early 90's,...
The Destruction of Disparaging Comments
In my practice of Family Law for twenty five years, I’ve heard several judges give “the speech” to child custody litigants that refuse to recognize the destruction that their negative comments have upon their children. Apparently, the source of the admonishment is former Minnesota Family Law Judge Michael Haas who...
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