Articles by category: Legal Separation

Legal Separation

Custody: Move Away Cases Santa Barbara

By Marcus Morales on Mar 13, 2018 in Legal Separation, Articles, Child Custody , Child Support, Divorce

The IRMO LaMusga court stated, “we conclude that just as a custodial parent does not have to establish that a planned move is “necessary,” neither does the noncustodial parent have to establish that a change of custody is “essential” to prevent detriment to the children from the planned move.

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Think your spouse could earn more? Ask for a Vocational Exam

By Marcus Morales on Mar 13, 2018 in Legal Separation, Articles, Business Valuation, Child Support, Divorce, Spousal Support

When child or spousal support is at issue, one party may voluntarily make less money to lower the support payment, or not work so you have to pay more in support. Family Code Section 4331 provides a solution, a Vocational Examination.

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Six Month Waiting Period For Divorce

By Marcus Morales on Mar 13, 2018 in Legal Separation, Articles, Divorce

California Family Law Section 2339(a) states that no judgment of dissolution is final for the purpose of terminating the marriage relationship of the parties until six months have expired from the date of service of a copy of summons and petition or the date of appearance of the respondent, whichever occurs first.

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Interest On Family Law Judgments

By Marcus Morales on Mar 13, 2018 in Legal Separation, Articles, Business Valuation, Child Custody , Child Support, Divorce, Spousal Support

If your family law judgment does not have an interest on late payment clause, can you collect interest? “Part of a judgment of dissolution which awards money in lieu of an in-kind division of non-monetary community property is a money judgment on which interest accrues from the date of its entry.”

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In Re Marriage of Olson Changes Procedure For Seeking Modification of Child Custody and Child Support After Default

By Marcus Morales on Mar 13, 2018 in Legal Separation, Articles, Child Custody , Child Support, Divorce, Spousal Support

The Second District Court of Appeal recently held that a mother seeking a modification of child custody and child support, after she defaulted and did not file a response to the divorce action and judgment was entered against her, had standing to seek the modification. This is in contrast to prior cases which ruled the default precluded standing to the defaulted party.

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Reasonable Self Defense Is Not Abuse When Requesting Domestic Violence Restraining Order

By Marcus Morales on Mar 13, 2018 in Legal Separation, Articles, Divorce, Spousal Support

IRMO Valerie and Louis G, the court affirmed that within the meaning of family code section 6203 (domestic violence statute), a person who responds reasonably to an aggressor does not commit abuse.

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Are Term Insurance Proceeds Community Property or Separate Property

By Marcus Morales on Mar 13, 2018 in Legal Separation, Articles, Business Valuation, Divorce, Property Division

Generally, characterization of a term insurance policy (i.e. life insurance, homeowners insurance, etc.) depends on the source of funding of the premium for the final term of the policy

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Mortgage Payments After Separation

By Marcus Morales on Mar 08, 2018 in Legal Separation, Articles, Business Valuation, Divorce, Property Division, Spousal Support

If the spouse is using separate property to pay the community debt, i.e. wages earned after separation, then the payer spouse may be entitled to reimbursement from the community for paying the community debt. Beware, a spouse who resided in the community home exclusively may have to reimburse the community for the rental value of the home during the period of exclusive use.

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California Length of Spousal Support: Gavron Warnings

By Marcus Morales on Mar 08, 2018 in Legal Separation, Articles, Divorce, Property Division, Spousal Support

If the court deems it appropriate, the court will issue a warning to the supported spouse that they must makes efforts to find work and support themselves, as the court intends to terminate or modify spousal support at a future date.

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Preliminary Disclosures

By Marcus Morales on Mar 08, 2018 in Legal Separation, Articles, Business Valuation, Divorce, Property Division, Spousal Support

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