Barefoot Blog
Do I Need A Prenuptial Agreement?
Premarital Agreements have become increasingly popular because people are entering marriage with property from a prior marriage, as well as children. Many wish to preserve their pre-existing property rights and interests for their children and heirs, and avoid...
New Limits On Court Sanctions
Family Code section 271 allows the court in family law cases to award attorney fees and costs based on the extent to which a party’s or attorney’s conduct frustrates settlement and increases the cost of litigation. A Family Code section 271 award is in the nature of a...
Enemies in the House
Having a child with special needs puts a strain on the parents, and on their relationship with each other. It is not unusual for parents to dissolve their relationship over disputes about how to address the special needs of a child. The biggest dispute may be as to...
New law affects definition of “Date of Separation”
Date of Separation plays a crucial role in the divorce process in California. The length of your marriage is determined by the date of marriage and the date of separation (not the date of your actual divorce). Date of Separation impacts your property rights under the...
New California Supreme Court Ruling
Filed 7/20/15 IN THE SUPREME COURT OF CALIFORNIA In re Marriage of SHERYL JONES DAVIS and KEITH XAVIER DAVIS. In a marital dissolution proceeding, a court determines the division of property between the spouses by first characterizing the parties‘ property as...
Minor’s Counsel Part 2-Educational and Training Requirements
EDUCATION AND TRAINING REQUIREMENTS OF MINOR’S COUNSEL Family Code Rule 5.242 This will be the second in a series about the position of Minor’s Councel. In Family Law cases, the child’s counsel is charged with the representation of the child’s best interest. As...
Supreme Court Rules In Favor of Same-Sex Marriage Nationwide
Washington (CNN) In a landmark opinion, a divided Supreme Court ruled Friday that states cannot ban same-sex marriage, establishing a new civil right and handing gay rights advocates a victory that until very recently would have seemed unthinkable. In a 5-4 ruling,...
DIVORCE CASES INVOLVING CHILDREN WITH AUTISM
The Family Court System is not knowledgeable about needs of children with autism. Post published by Chantal Sicile-Kira on May 31, 2015 in The Autism Advocate, Psychology Today. Source: Chantal Sicile-Kira It’s often said that marriage that includes a child with...
Minor’s Counsel Part 1 – Rights and Duties
RIGHTS AND DUTIES OF MINOR’S COUNSEL This will be the first in a series about the position of Minor’s Councel. In Family Law cases, pursuant Family Code §3150(a) the child’s counsel is charged with the representation of the child’s best interest. Duties: The role of...
Parental Alienation
It’s easy to look up Parental Alienation to get acquainted with Parental Alienation Syndrome and the damage it causes. A google search of Parental Alienation yields a fortune of information including a wikipedia entry about Parental Alienation, an article titled...
Educating the Courts about Special Needs
Children with special needs are some of the most vulnerable members of our society. We, as a society, have a duty to ensure that they are protected and treated fairly. To that end, the family court systems are in great need of information about this population. The...
Attorney’s Fees
ATTORNEY'S FEES Family Code Section 2030(a)(1) states that each party in a marriage dissolution has the right to legal representation and that the court preserves this right by ordering the party with access to funds to pay the fees of the other party. Family Code...
In Camera Review
In Camera Review The term “in camera” is latin for “in chambers” and is a legal proceeding when a hearing or evidence is presented before a judge in private chambers. Often this process is used to protect a victim or witness from the consequences of public airing of...
Fiduciary Duties
Fiduciary Duties If a couple is going through a dissolution of their marriage, each party is required to produce all financial records to the other. CFC §2101(a)(3) states: (a) From the date of separation to the date of the distribution of the community or...
Community vs. Separate Property: What that means in California
Researched and written by: Terri Bui In a divorce process, the court has jurisdiction to divide the property interests of the parties at the request of either party. The property is defined in one of two ways. In California, all property acquired by Wife or Husband is...
Raising Awareness about Special Needs Children Within the Court System
We take pride in representing parents whose top priority is the care and protection of their special needs children through and after divorce. Children with special needs are some of the most vulnerable members of our society. We, as a society, have a duty to ensure...
Custody Evaluations
CUSTODY EVALUATIONS One tool the parties involved in resolving a custody dispute can use is a CUSTODY EVALUATION. A custody evaluation typically has two parts. The first is a report which resulting from an evaluation which may include a series of psychological tests,...
San Diego County’s New One Day Divorce System
Researched and written by: Terri Bui On March 1, 2014, the San Diego court system instituted a new One-Day Divorce Program to assist self-represented litigants in their divorce process. If eligible, the parties involved would get help completing all necessary...
San Diego (and El Centro and Hemet) Divorce Blog: Mediation Confidentiality
Communications made and writings prepared "for the purpose of, in the course of, or pursuant to" mediation or a mediation consultation are ordinarily confidential, not discoverable and not admissible at trial. This rule applies to all communications by participants...
San Diego (and El Centro and Hemet) Divorce Blog: Child support hardship deduction
A parent may be granted a financial hardship deduction from his or her income used to calculate child support. Circumstances evidencing hardship include: (1) extraordinary health expenses, (2) uninsured catastrophic losses, or (3) minimum basic living expenses of the...