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Six Month Waiting Period For Divorce

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

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 Articles, Business Valuation, Child Custody , Child Support, Divorce, Legal Separation, 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 Articles, Child Custody , Child Support, Divorce, Legal Separation, 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 Articles, Divorce, Legal Separation, 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 Articles, Business Valuation, Divorce, Legal Separation, 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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What if My Spouse Spends Too Much Money?

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

Ordinarily, to the extent martial expenses reflect marital lifestyle, the focus should be on actual expenditures during the marriage- NOT ON THE APPLICANT SPOUSE’S “ESTIMATED” EXPENSES BASED ON THE “WISHES AND DESIRES” FOR A PARTICULAR LIFESTYLE.

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Mortgage Payments After Separation

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

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Saving Money During The Marriage

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

When determining the amount of spousal support (alimony), one spouse will receive, the court will attempt to determine what the martial standard of living was during the marriage.

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