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Articles

Santa Barbara Child Custody Law- PEACE Class Requirement in Santa Barbara

By Marcus Morales on Jul 30, 2018 in Child Custody

In a Santa Barbara Child Custody case, unless there is an emergency or good cause, you must attend the PEACE class and mediation prior to the judge making a custody order in your case.

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Santa Barbara Divorce Law- Marital Standard of Living and Spousal Support

By Marcus Morales on Jul 27, 2018 in Spousal Support

The marital standard of living established during the marriage is one factor the court will consider in determining spousal support in Santa Barbara Divorce cases, but it is far from the only factor the court will consider.

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Santa Barbara Divorce Law- Can My Spouse Pay My Attorney Fees

By Marcus Morales on Jul 27, 2018 in Articles

Santa Barbara Divorce Law- If there is a disparity in access to pay for attorney fees (i.e. one spouse earns significantly more than the other), the court can order one spouse to pay the attorney fees and costs incurred for the other spouse in a Santa Barbara Divorce Case.

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Pre Nuptial Agreement Santa Barbara Divorce Law- 7 Day Rule

By Marcus Morales on Jul 26, 2018 in Prenuptial Agreements

In California, a party must have 7 days from the time they were first presented with a pre nuptial agreement to the time is was signed, or else the pre nuptial agreement may be null and void.

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Santa Barbara Divorce Law- What Requests Can A Court Consider From A Party Responding To A Request For Order

By Marcus Morales on Jul 26, 2018

The court is limited in what it can order when issuing findings on an RFO. If you are responding to an RFO and want the judge to make orders not related to the requests in the RFO, you should file your own RFO.

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Santa Barbara Divorce Law- Modification of Spousal Support Change of Circumstances Rule, Except For Failure For Spouse To Diligently Seek To Become Self Supporting

By Marcus Morales on Jul 25, 2018 in Spousal Support

Santa Barbara Divorce Law- generally, a modification of spousal support after judgment requires a showing of a material change of circumstances. Yet, several exceptions to this rule applies, such a spouse’s failure to diligently seek to become self-supporting.

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Santa Barbara Divorce Law- When Will Spousal Support (alimony) Payments Begin?

By Marcus Morales on Jul 24, 2018 in Spousal Support

In order to receive spousal support as soon as possible, you should file a Request For Order, with the required financial disclosures, and set a court date.

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Santa Barbara Divorce Law- What To Do When Your Spouse Files For Divorce

By Marcus Morales on Jul 23, 2018 in Divorce

Upon being served with a divorce summons and petition, certain automatic restraining orders immediatley are effective. You should contact a Santa Barbara Divorce Lawyer immediatley to review your rights and obligations. (805) 845-5405.

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Santa Barbara Divorce Law- Reply Brief

By Marcus Morales on Jul 23, 2018 in Divorce

“The general rule of motion practice, which applies here, is that new evidence is not permitted with reply( papers.” Jay v. Mahaffey, 218 Cal.App.4th 1522, 1537 (2013). Declarations submitted with a reply should not address the substantive issues in the first instance but should only fill gaps in the evidence created by the opposition. Id at 1538.

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2018 Tax Law Changes Tax Deductibility of Spousal Support

2018 Tax Law Changes Tax Deductibility of Spousal Support
By Marcus Morales on Apr 19, 2018 in Spousal Support

Starting January 1, 2019, spousal support paid will no longer be tax deductible by the payor and included in the recipient's taxable income, for federal tax purposes.

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