Proof of service takes on several different forms in family court. Its importance begins with the word “service.” In this country, you cannot take someone to court without providing them notice of two important things: 1, that a court action has been commenced involving that party; and 2, what that action involves. It makes sense. No one can take...
Continue ReadingA Note About Representing Yourself Anywhere from 60% to 80% of California family law cases involve self-represented litigants. The numbers vary from county to county. This is a troubling statistic, but one that many would argue is unavoidable in our current financial climate, with fewer individuals able to afford an attorney, and fewer attorneys offering pro bono legal services....
Continue ReadingThe case going before the United States Supreme Court today in oral arguments should demonstrate to parents, especially fathers, that it is crucial to take responsibility for one’s offspring from the moment of conception. The central argument before the Supreme Court in “Adoptive Couple v. Baby Girl,” is whether the federal Indian Child Welfare Act trumps South Carolina state...
Continue ReadingUnder California Family Law, parties in the middle of a divorce or legal separation must serve each other with their disclosures. This includes “a full and accurate disclosure of all assets and liabilities in which one or both parties have or may have an interest … regardless of the characterization as community or separate, together with a disclosure of all income and expenses of the parties.”...
Continue ReadingCourt orders are slightly more powerful than the paper they are printed on. While no one can technically force someone to comply with a family court order, the lack of compliance carries with it significant penalties if you bring forth an action for contempt. Just like in any other area of law, a judge has the ability to hold...
Continue ReadingDoner fatback andouille, tenderloin turducken pork belly beef capicola pastrami cupim. Turducken pork loin boudin jowl cow turkey prosciutto chicken spare ribs chuck. Strip steak fatback turkey sirloin, beef ribs tri-tip filet mignon capicola alcatra chuck ribeye andouille meatloaf hamburger sausage. Andouille cupim doner venison leberkas swine shoulder chuck brisket pork loin corned beef capicola bresaola short loin pig
Continue ReadingDid you know that, if you die during your divorce, it is likely your spouse will inherit everything? Makes for a good murder mystery, doesn’t it? When you create your will and/or trust during marriage, you often are only planning for what happens after death. However, many marriages end by divorce or legal separation (rather than death) and it...
Continue ReadingAppointing a legal guardian for your children can ensure that they’re well cared for when you can’t be there for them. Legal guardianship is a court order that allows someone who isn’t the child’s parent to be responsible for the child. Guardians are appointed when the parents pass away before the child reaches adulthood or when the parents are...
Continue ReadingWhen you get a final spousal support judgment, you think there is no possible way it is going to be later modified. So why is your former spouse trying to modify it? This can be particularly distressing following long, high-conflict divorces where the guarantee of spousal support might be the only thing you walk away with. You gave up...
Continue ReadingHere’s the scenario: Mom and Dad long to have a child. “Traditional methods” don’t work. The unmarried couple decides instead to utilize in vitro fertilization, using a licensed California clinic. The procedure works and mom gives birth to a son. Fast forward three years. Mom and Dad decide to part ways. Dad wants to share custody. Mom wants to give dad no...
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