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Learn About Obtaining Information For a Domestic Violence Case from the Adverse Party

As of January 1, 2024, the Civil Discovery Act does not apply to matters under the Domestic Violence Prevention Act (DVPA) absent a good cause showing. INTRODUCTION: The applicability of the Civil Discovery Act to DVPA matters was a point of contention. In cases of alleged Domestic Violence some litigants would seek discovery under the… Read More »

What Effect Does Marital Infidelity Have on a California Divorce

Question: If one’s marriage ends due to infidelity, does the unfaithful spouse have to pay damages or lose any rights to the equal division of community property? What about child custody? Does infidelity influence the parenting time schedules or custody? Answers: Infidelity does not influence the division of property in a California Divorce. In California,… Read More »

Learn How California Courts Deal with Child Custody Issues in Domestic Violence Restraining Order Cases

California laws regarding child custody and visitation in the context of  Domestic Violence Restraining Order Cases have been changed. If domestic violence or drug/alcohol abuse is alleged, amended Family Code Section 3011(a) requires courts to consider virtual visitation and grant unsupervised visitation only if the court finds that such visits are in the child’s best… Read More »

Learn How to Describe Assets and Expenses on the FL-150 Income and Expense Declaration in Your California Divorce

Learn How to Describe Assets and Expenses on the FL-150 Income and Expense Declaration in Your California Divorce The FL-150 is a lot easier for most people getting a divorce in California to complete than it is to complete and compile the information on the FL-142 Asset and Debt Declaration. I address the FL-142 here…. Read More »

Learn How Prenuptial Agreements Can Make Sense for You and Your Partner

Good Reasons for a Prenuptial Agreement Without a prenuptial agreement, divorce is complicated. With one it’s not easy peasy but it is less complicated. Reason 1 – Under the statutory law in California, once married half of all earnings, property accumulated from those earnings during marriage including your retirement, as well as the increaese in… Read More »

Understanding Automatic Temporary Restraining Orders in Effect in a California Divorce

When you file for divorce in California, Automatic Temporary Restraining Orders (ATROS) take effect immediately upon service of the petition of divorce. These are designed to protect both parties and maintain the status quo until further court orders are issued. While ATROS can be confusing, understanding their scope and implications is crucial for any divorce… Read More »

Learn How Social Media Posts Can Impact Your California Divorce or Paternity Case

In today’s digital age, where social media has become an undeniable part of life, navigating a divorce or a paternity case can be even more complex. While sharing updates and connecting with loved ones can be beneficial, careless posts can have a significant, and often negative, impact on your family law case in California. Here’s… Read More »

Accused of Domestic Violence in California? Take These Steps to Prepare

Here are some steps that a person accused of domestic violence in California should take prior to the hearing: Understand the charges: The first step is to understand the charges against you. You should know what you are being accused of and what the potential consequences are. You may face criminal charges and/or civil charges… Read More »

Attorneys Fees as Sanctions: the Difference between the Family Code and the Civil Code

I recently wrote about attorney’s fees as a sanction and distinguished an award of attorneys fees as a sanction from attorney fees based on need in this post. I noted that Family Code Section 271 provides authority for sanctions against the adverse party (i.e. one’s ex). It does not authorize sanctions against the adverse party’s… Read More »

How do I add income from a small business to the California Income and Expense Declaration, form FL-150?

Question: If my spouse is self-employed with his own business, how should his income be stated in form FL-150 Income and Expense Declaration? On line (1.a) must he must state the name of his business, and on line (1.h) he must state his business’s gross income (before any taxes)? On line (7) must he must… Read More »