Category: Family Law

In Elkins v. Superior Court (2007) 41 Cal.4th 1337, the California court recommended that the Judicial Council of California establish a task force to “study and propose measures to assist trial courts in achieving efficiency and fairness in marital dissolution proceedings and to ensure access to justice for litigants, many of whom are self-represented.”… Read More

The concept of hearsay is generally defined as evidence of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter stated. (Evidence Code Sec. 1200)  Hearsay includes documents, text messages, internet posts and the like. … Read More

When people get together in wedded bliss, then have that cohesiveness fall apart, there are bound to be some awkward and uncomfortable moments.  There will also be some emotional pain involved. If there are minor children involved, there will also be stress placed on them. … Read More

In January of 2015, the California Family Code is facing a monumental shift towards gender equality.  The words “husband” and “wife” or “man” and a “woman” will be replaced with “spouses.”   These changes affect at least the following statutes: Sections 300, 301, 302, 420, 500, 720, 721, 750, 751, 752, 754, 761, 1102, 1500, 1620, 1839, 2200, 2201, 2210, 2211, 2322, 2400, 2401, 3120, 3450, 3551, 3580, 3585, 3600, 4323, and 4930.… Read More

Many times dissolution proceedings come at the heels of financial stress.  That being said, sometimes couples are forced to consider both bankruptcy and divorce at the same time.  How does the bankruptcy filing impact the dissolution proceedings (and vice versa)? You can file for divorce even though bankruptcy proceedings are underway.… Read More

Psychologist David Adams heads a program in Cambridge, Massachusetts, which is aimed at creating real behavioral changes in the perpetrators of abuse.  It is worth a list at the link.… Read More

Each year the Annie E. Casey Foundation releases a report aggregating data from all 50 states and comparing key indicators of children’s health and well being.  How did California fair?  California didn’t score any better than they did in 2012–ranking 41 out of 50 states. … Read More

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So, you have a permanent child custody arrangement and you want it changed.  Sometimes permanent child custody arrangements can be changed, even if they say “Final,” and even if the parties signed an agreement saying they wouldn’t change it.  See Family Code § 3022. … Read More