Many people understand that, generally, confidential communications between a person and his or her attorney are protected by an evidentiary privilege called the attorney-client privilege. Evidence Code section 950-962 lays out in detail how the privilege works. What this means is that if a party or attorney wanted to know…
Articles Posted in Discovery
What Are Court Orders; When Are They Effective; and Who Drafts Them
In family law we spend a good deal of time talking about court orders. There are orders for child support, orders for spousal support, custody orders, and orders for the payment of attorney fees. Getting more specific, all of the aforementioned orders can either be interim orders (also called temporary…
Amber Heard and Johnny Depp New Deposition Drama; what role do depositions play in divorce?
As much as Johnny Depp has tried to keep the happenings of his divorce from Amber Heard under wraps, the media continues to report as their story unfolds. The latest headlines from Johnny and Amber’s divorce indicate that the parties have each set depositions of the other, which may or…
Lisa Marie Presley leaves husband in charge of finances; what happens when the “out spouse” files for divorce?
On June 13 Lisa Marie Presley filed for divorce from her fourth husband, Michael Lockwood. While Lisa Marie isn’t the only star we’ve written about to go through multiple divorces, her specific case highlights a common and sometimes very complicated issue in divorce which occurs when one spouse has taken…
The Panama Papers: Hidden Assets in Divorce
We’ve been hearing a lot about the “Panama Papers” lately; the leak of millions of documents out of the Panamanian law firm Mossack Fonseca disgorging details of the firm’s wealthy clients hiding money via shell companies in various tax havens. Among those allegedly involved are world leaders, athletes, celebrities and…
Why Disclosure is so Important in California Divorces
The State of California imposes very broad duties of disclosure between spouses that are in the midst of a divorce. Inevitably, a spouse will try to cut corners or try to defraud their spouse altogether in an attempt to get an edge in the divorce case. The Family Code has…
Jackpot! The Lottery and Divorce
Last week’s $1.5 billion Powerball jackpot created a frenzy like no other as people rushed out to buy their tickets for a shot at riches, the likes of which most of us can’t even fathom. There is no doubt that the frenzy and constant discussion of the billion dollar jackpot…
Discovery in Family Law Cases
Once initial papers are filed to get the divorce process started (the petition and response) the next step is typically to gather all pertinent information regarding each spouse’s financial and personal information. Although both parties are required to prepare and serve declarations of disclosure, which outline each party’s income, expenses,…
Permissive Dismissal for Failure to Prosecute
Anyone with access to cable television or the internet probably knows more about the Kardashian family than they know about their own family. The Kardashian clan has broadcast their ups, their downs, weddings, births, break ups and in Khloe Kardashian’s case, her divorce from former NBA star, Lamar Odom. More…
Can illegally obtained computer evidence be used as evidence at hearing or trial?
Divorce is an emotional time whether or not the split is amicable. These emotions can cause people to make choices they would otherwise never make, such a looking through their former spouses computer or cell phone. Whether the clandestine act is out of sheer curiosity or for a specific purpose,…