Family Law Topics
Significant issues in Family Law
YOU CAN’T MAKE THIS STUFF UP!
Every family law attorney has had cases in which you shake your head and mutter ‘You can’t make this stuff up…’ The court in In Re Marriage of Baragry noted that “At bench, husband was presumably enjoying a captain's paradise, savoring the better of two worlds, and...
WHO WANTS TO BE A DIVORCE LAWYER?
Indeed. Why would anyone choose to be a divorce lawyer? You see unhappy people at what is, for many of them, the worst moment of their life. Why would anyone sign up for that? Several years ago, a candidate for elective office in Ventura County referred to his...
I’M RECEIVING SPOUSAL SUPPORT; WHAT HAPPENS IF I MOVE IN WITH MY GIRLFRIEND?
If you are receiving spousal support, and you begin cohabiting with another adult, (it used to be ‘another adult of the opposite sex’, but the law was revised in 2014) the support payor can ask the court to adjust (or eliminate) the spousal support. Family Code...
Why do Lawyers Talk That Way?
Every logophile has probably wondered ‘Why do Lawyers Talk That Way? ‘Cease and desist’ ‘Accord and satisfaction’ ‘Null and void’ ‘Give, devise and bequeath’ ‘Grant, bargain and sell’ Don’t they all mean the same thing? Why do you have to say it three times? Is it a...
I AM IN TRANSITION FROM MALE TO FEMALE; HOW WILL THAT AFFECT MY RIGHTS TO CUSTODY?
Several years ago, Taylor, McCord, Praver & Cherry represented the transitioning father in what was then the first litigated custody case in Ventura County involving a transgender parent. Since then, we have been involved in several similar cases; while they are...
IS A COCKTAIL NAPKIN A VALID WILL?
We are often asked to consult or co-counsel with attorneys who have unusual or complex cases they do not feel comfortable handling on their own. We have one colleague who handles only routine wills, trust and estates; whenever a matter threatens to turn into...
THE IMPORTANCE OF THE DATE OF SEPARATION
The date of separation is important because it establishes the end date for the acquisition of community property. During marriage, both spouses’ earnings, and anything purchased with those earnings, are community property. Family Code section 771 provides that a...
SOCIAL NETWORK POSTINGS – BEWARE!
Social media sites such as Facebook, Instagram, SnapChat, Twitter, Match.com, eHarmony, etc. are very popular and are used to display personal information. These sites can contain very private and confidential information; information that could be used adverse to...
COMPETENT DIVORCE ATTORNEY
Reasons why you need to have a competent divorce attorney with you at all times: Typically, the client has no experience in court, in litigation, or in a divorce proceeding. Ignorance is not going to help a self-represented party get better results nor obtain any...
WHAT IS THE DIFFERENCE BETWEEN LEGAL SEPARATION AND DIVORCE?
Many people initiating the process of uncoupling wonder whether they should seek a legal separation or dissolution of marriage. Some of them may think of legal separation as ‘divorce lite’, or they may view it as less confrontational or adversarial than a...