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Family Law

California Divorce and Family Law

Insights in the world of divorce and family law matters in California

Post Frequency: 13.9/day

Last Entry: March 11, 2009 at 13:30:23

The don'ts of Divorce Court

Posted on October 10, 2006
From my home town newspaper, The Atlantic City Press, comes this Top Ten list: Here are the ?Top 10 Things You Should Never Say to a Divorce Judge? ? as compiled by Divorce Magazine: 10. ?So she gets the gold and I get the shaft?? 9. ?I don't really think you would have ruled that way if I'd been a guy (gal)...

California Appellate Court Refuses To Find Same Sex Marriage Rights

Posted on October 06, 2006
In six consolidated cases involving the issue of whether excluding same-sex couples from marriage is constitutional, by a vote of two to one, the court of appeal holds that California's definition of marriage as the union between a man and a woman is constitutional, does not deprive individuals seeking same-sex marriage of a vested fundamental right or discriminate against a suspect class, the marriage statutes' opposite-sex requirement is rationally related to a legitimate government interest, and any change to the definition of marriage must come from the people and their elected representatives, not the courts...

VAWA: America's Most Anti-Family States

Posted on October 05, 2006
Here is an interesting and controversial editorial in The American Daily regarding the Violence Against Women Act (VAWA): The latest report by RADAR (Respecting Accuracy In Abuse Reporting), titled ?An Epidemic of Civil Rights Abuses: Ranking of States? Domestic Violence Laws? provides us with a new perspective on VAWA: we treat the average terrorist better than we treat the average husband facing a false allegation of spousal abuse...

When Younger Couples Should Have A Prenup

Posted on October 02, 2006
When Jessica Simpson and Nick Lachey called it quits last December, Ms. Simpson probably regretted not signing a prenuptial agreement before the two tied the knot in 2002. In 2005 alone, the 26-year-old singer reportedly earned around $35 million; Mr...

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North Carolina entrepreneur looks to offer divorce insurance

Posted on September 11, 2006
If John Logan has his way, sometime in the very near future, people across the globe will be able to purchase insurance coverage against the potential financial devastation often caused by divorce. Logan, Chairman & CEO of SafeGuard Guaranty Corporation, a Nevis based insurance company with operational headquarters near Research Triangle Park in North Carolina, announced plans to offer divorce insurance internationally sometime in early 2007...

Divorce in midlife hurts women's heart health

Posted on September 07, 2006
Reuters Health reports today that divorce apparently harms the cardiovascular health of women, but men's hearts appear to escape a split-up unscathed, a new study shows. The ill effects are largely due to the economic consequences, as well as the emotional distress, of divorce for women, conclude Dr...

McCartney divorce boosts prenups

Posted on September 05, 2006
Sir Paul McCartney recently drew gasps of incredulity - and some admiration - when it was revealed he didn't have a prenuptial agreement with his soon to be ex-wife Heather Mills McCartney. That's because lawyers believe she stands to receive a large chunk of his fortune, which has been estimated at more than $1...

Forbes Article: 'Don't Marry Career Women': Magazine Pulls Article Then Replaces It

Posted on August 28, 2006
A magazine that usually sticks to drumming up lists of the world's richest men and exploring every angle of the American rat race is causing quite a stir on the Internet. * Web Site: See article here. In a controversial article by Michael Noer, the writer breaks it down to unmarried men: "Whatever you do, don't marry a career woman...

Vegas Ends Overnight Marriage Licenses

Posted on August 22, 2006
Getting married is as much a tradition in Las Vegas as slot machines and buffets. But when the urge to merge comes in the wee hours, you'll have to wait. The county government said that starting next week, its marriage license bureau will no longer be open 24 hours a day, seven days a week...

Duress & Undue Influence in Post-Nuptial Agreements

Posted on August 21, 2006
The California Court of Appeals addresses the burdens of proof and standards for establishing the defenses of undue influence and duress when seeking to make a marital agreement regarding property unenforceable. The case involved a couple who had executed a premarital agreement giving Husband all his business property...

TomKat Prenup--How Much Will She Eventually Get?

Posted on August 18, 2006
Tom Cruise and Katie Holmes fans may be hearing wedding bells ? or maybe the sound of a cash register. The couple reportedly have hammered out a prenuptial agreement that will give Holmes as much as $33 million and that will pave the way for the two to get hitched...

Divorce in the Workplace

Posted on August 16, 2006
Although divorce is primarily a personal tragedy, it can also spill into the workplace, even costing you your job? not to mention a good portion of your wealth and reputation. In recent years, a number of very public divorces involving chief executive officers have done just that...

Proponents of the Web cam option seek to get it included in custody agreements and in state custody laws.

Posted on June 22, 2006
But not everyone is ready for it. Instead of counting the months until she would see her son each summer, Carrie Hammond needed only count the hours until Kegan's face would light up her computer screen. Though Kegan, 6, was in Tennessee with his father, and Hammond, 27, lived in San Marcos, the two were participating in virtual visitation as part of the family's child-custody agreement by making video calls via Web cameras...

Bren Vs. Bren: Irvine Co. chairman has an LA judge on the run in a case to determine whether he?s super rich, filthy rich or just plain rich

Posted on May 04, 2006
Don Bren has spent millions backing conservative Republican candidates in Orange County, around the state and across the nation. He routinely dines with presidents and powerful international businessmen. But how rich is the Irvine Co. chieftain? LA Superior Court Judge George Wu says Bren is ?very, very, very, very, very, very, very rich...

Divorce battle offers peek inside Fry family finances

Posted on May 02, 2006
The divorce battle involving one of the three brothers who run Fry's Electronics has evolved into a legal attack on a family partnership, offering a glimpse inside the private family that owns the San Jose retail powerhouse, the SaberCats football team and a controversial golf course in Morgan Hill...

New Move-Away Bill Making It Easier For Custodial Parents To Move-Away With Children Is Proposed

Posted on April 19, 2006
The California legislature will vote on a possible change to the current move-away law. Specifically, the proposed bill will codify the Burgess decision and overrule the recently decided LaMusga ruling. The bill will make it easier for custodial parents to move away with their children from the other parent...

Noncustodial parents can get some tax breaks

Posted on April 12, 2006
Q: My divorce decree says that my wife gets custody of the kids and that I get to claim them as dependents on my taxes. If my ex-wife signs the form each year that lets me claim the kids as dependents, can I also file as head of household? Are there any other tax benefits I can get by claiming the kids as dependents? A: As a noncustodial parent, you can't file as head of household, even if you can claim your kids as dependents...

Supreme Court rules police search is not allowed when only one spouse consents to search

Posted on March 23, 2006
The Supreme Court narrowed police search powers yesterday, ruling that officers must have a warrant to look for evidence in a couple's home unless both of the partners present agree to let them in. The 5-to-3 decision sparked a sharp exchange among the justices...

Financial records redaction bill gets a hearing today and newspapers are against it

Posted on March 21, 2006
SB1015 will come before the Assembly Judiciary Committee today for a hearing. As you may remember from my previous post , the bill concerns what financial records can be disclosed for public inspection in divorce or legal separation cases. In the Assembly summary's language, the bill says that a family court "shall order redacted" from public review "the parties' financial assets, liabilities, income or expenses" and addresses of residences...

The new divorce battleground? The wine cellar

Posted on March 17, 2006
Almost 300 cases of the finest wine, and it evaporated like morning mist. Five-hundred-dollar bottles. Thousand-dollar bottles. The French Bordeaux from his children's birth years, which he planned to uncork at their weddings. The 1966 Chateau Lafite-Rothschild he wanted to share one day with his brother...

IRS Makes It Tougher For Spouses to Claim Innocence in Tax Fraud

Posted on March 16, 2006
It is getting harder to prove your innocence when you sign a joint tax return with your spouse that later turns out to be wrong or fraudulent -- due to a combination of tougher IRS enforcement, a string of recent court cases and ambiguous laws. Most married couples file jointly, a strategy that typically saves taxes...

Heather Locklear and Ritchie Sambora try to keep their divorce private

Posted on March 09, 2006
One week after her soon-to-be ex-husband, Richie Sambora filed court papers challenging the objectivity of the first judge assigned to handle their divorce case, Heather Locklear has filed similar documents, alleging that the second judge assigned to the case is prejudiced against her...

Many Couples Must Negotiate Terms of 'Brokeback' Marriages

Posted on March 07, 2006
One hour into "Brokeback Mountain," Amy Jo Remmele began to cry, and not just for the woman on-screen, standing in a doorway in Riverton, Wyo., watching her husband embrace a man. "When I saw that look in her eyes, I thought, 'Oh, yeah.' Even though I never saw my husband with another man, I knew exactly how that woman would have felt," said Mrs...

Tax filing status for divorcing couples

Posted on March 06, 2006
One of the most common questions this time of year is how a client should file their tax returns--should they file married filing jointly, head of household, individual, or married filing separately. The correct choice for your situation can save you money and potential liability for improperly filed taxes...

'Virtual' visits for children of divorce pushed in states

Posted on March 03, 2006
Divorce put David List and his 2-year-old daughter on opposite sides of the Atlantic Ocean, and he worried that she would soon forget him. She hasn't, though. List's divorce agreement guaranteed him "virtual visitation" - the chance to talk with his daughter through an Internet video connection - and he and Ruby Rose, now 5, usually connect at least twice a week...

What to cover in your prenup--Part 1

Posted on February 21, 2006
If you have smartly decided to get a prenuptial agreement before you marry, there are many areas you may want to cover. You can cover as few or as many of the items as you want. Some of the items may not be relevant to your situation. Be sure that if you follow the list, you will cover most of the key issues...

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