Discovery is not the first topic that comes to mind when parties meet with a family law attorney for the first time. In fact, there is a good chance most litigants have no idea what discovery actually is. Sure, anyone who watches any of the serialized crime dramas on TV…
Articles Posted in Divorce
Behind DivorceHotel
If you have been through or are going through a divorce, you likely learned the hard way that a divorce is a longer and more complicated process than you previously expected. Wouldn’t it be nice if you could finalize your divorce in one weekend? Well, a Dutch company called DivorceHotel…
What is a Parenting Coordinator?
Child custody is one of the most difficult and emotional parts of any contested divorce. It is not uncommon for two parents to agree on all of the financial issues, child and spousal support, and property division, only to find it impossible to come to any agreements about how their…
Whoops: The right way to bring an error to the attention of your judge.
Appeals can be a lengthy, difficult, and expensive process. In fact, most civil appeals in the Fourth District Court of Appeals, Division One (San Diego) take about a year from start to finish. If a trial court’s error is the result of a minor oversight or a mathematical error, it…
“What Is In A Name”…A Lot Come To Think Of It.
“What Is In A Name”…A Lot Come To Think Of It. If you dig deep enough into your memories from high school English class you will know that quote is from Shakespeare’s Romeo and Juliet. And while Romeo waxes poetically about why Juliet’s name should not matter, the truth (as…
Arguments Over Divorce Jurisdiction
Tracey Hejailan-Amon’s husband Maurice Amon filed for divorce in Monaco in October of 2015. Tracey then filed for divorce in New York. About a year and a half later, the parties are still arguing over which court has jurisdiction over their divorce. Why? Because Monaco’s divorce law allows spouses to…
Is the other parent not paying child support? Try a Notice of Delinquency
There are many different enforcement methods available for child support. Although contempt is always an option, it involves the other parent ending up in jail and can be a costly and expensive process to prosecute. Some of the best incentives for the other parent to pay child support already exist…
New Study Finds Overnights with Fathers Best for Children
Divorce is hard. Divorce where minor children are involved is harder. As divorce attorneys, child custody disputes often become the most contentious issues that we face. Of course this is understandable. When parents divorce, they have to face the reality that they will no longer be with their children 100%…
Can spouses that have not yet separated limit their spousal support rights?
Family Code section 3580 et seq. provides that spouses may enter into agreements regarding support upon separation. In Pendleton and Fireman, our Supreme Court held that parties could agree to limit or waive spousal support in premarital agreements. What about the time in between? Can married spouses who have…
Spousal Support Termination Under Family Code 4322
Termination of spousal support jurisdiction is always a highly contested issue. The party paying support wants spousal support terminated as soon as possible, and the party receiving support would prefer support be paid forever. Which party will get what they want will depend on the facts of the case. At…