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Allies All Around

A previous installment, “Enemies in the House,” I began the story of Silas and Regina, parents of a child on the autism spectrum named Belisario (“Belly”). These characters are synthesized from real people with common traits and common stories. Summary: Silas and...

Evidence of Fault

California’s “no fault” divorce law does not prohibit the court from considering evidence of fault when deciding the issue of spousal support. Family Code §4320, the primary statute governing determination of spousal support orders in California, sets forth a number...

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...

Radio – previous

  Ethan Marcus with Dr. Joanna Savarese on Real Talk San Diego on ESPN 1700 June 11, 2015 This is Ethan's fifth time on ESPN Real Talk San Diego.  This time he is joined by  Dr. Joanne Savarese, Neuropsychologist who talks about the ways self reflection is vital in...

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...