2019

Blog Posts in 2019

  • 16-Oct-2019

    Does the Passage of Time Justify Modifying Spousal Support Obligations?

    controversial subject in family law. Different states have varied approaches and policies for awarding spousal support after divorce. For example, Texas state policy prohibits awarding alimony indefinitely. Texas courts will only award “spousal ...
  • 10-Oct-2019

    The Problem of Double Dipping in Domestic Support Cases

    What Is Double Dipping? Double-dipping refers to counting an asset once for purpose of dividing community property and again for determining spousal support or child support. Double-dipping typically arises in cases involving an ownership interest in ...
  • 30-Sep-2019

    Differences Between Guardianship & Adoption

    Parents have certain rights and responsibilities regarding the care, custody, and protection of their children. Those rights and responsibilities are the product of the parent-child relationship—a relationship that the law recognizes as a ...
  • 25-Sep-2019

    Blood Evidence of DUI Under Mitchell v. Wisconsin

    In June, the United States Supreme Court decided Mitchell v. Wisconsin, 139 S. Ct. 2525 (2019)—a case involving the issue of whether the police can take blood evidence from an unconscious driver without a warrant in DUI cases. The Court reached ...
  • 27-Aug-2019

    Dividing Small Businesses in a Divorce

    Community Property in California Dividing assets in a divorce depends on the state where your divorce was filed. California uses community property principles of dividing assets upon divorce. Property that qualifies as community will be equally ...
  • 20-Aug-2019

    Tracing Commingled Funds to Determine the Community or Separate Character of Assets in Divorce

    Why Is Tracing Important for Property Division in a Divorce? When a couple gets a divorce in California, they must equally divide property between them. The division of property and assets in a divorce is governed by principles of community property ...
  • 22-Jul-2019

    Flowers v. Mississippi: Removing Prejudice in Jury Selection

    Voir Dire: The Jury Selection Process Also known as “voir dire”—an old French term meaning “to see to speak”—jury selection is a crucial criminal proceeding where the parties can gain a tactical advantage that ...
  • 19-Jul-2019

    How Are Loan Proceeds Divided Upon Divorce?

    Basic Community Property Principles California uses the community property system of dividing marital assets and liabilities upon divorce. When a couple gets divorced, they have an equal interest in all assets and liabilities that are considered part ...
  • 25-Jun-2019

    Why Is Your Date of Separation So Important?

    While most people view marriage and divorce as primarily personal and private matters, they are important legal statuses that state governments regulate. For instance, California has laws prohibiting bigamy, marriage between close blood relatives, ...
  • 21-Jun-2019

    Health Considerations for Fathers in Family Law Cases

    The importance of personal health cannot be overemphasized. Good personal health can extend your life and give you the energy to deal with stress and the fortitude to recover from illness. As a corollary, poor health can shorten your life expectancy ...
  • 21-May-2019

    Considerations for Maternal Mental Health in Family Law Cases

    Although there have been major developments in the field of psychology and mental health, mental illness and wellbeing remain largely misunderstood. Many of the stigmas associated with psychology's past still pervade the general population's ...
  • 15-May-2019

    Insurance Considerations for Divorce

    Many divorce cases involve issues that affect the former child support and spousal support obligations of the parties. Because these obligations have the potential to extend for several years after the couple gets a divorce, certain insurance ...
  • 22-Apr-2019

    How Are Personal Injury Damages Divided at Divorce?

    Characterizing Personal Injury Damages Under Section 780 of the Family Code, “money and other property received or to be received by a married person in satisfaction of a judgment for damages for personal injuries, or pursuant to an agreement ...
  • 17-Apr-2019

    California's Unique Rules for Attorney's Fees in Divorce Cases

    When a couple gets a divorce in California, disagreement over critical issues can cause a simple court proceeding to drag out for years. This can cause the parties to incur significant attorney’s fees over time. Given the potential costs of ...
  • 19-Mar-2019

    What Actions Constitute Petty Theft?

    “Theft” is generally regarded as the intentional and unlawful taking of a separate party’s property. Per California Penal Code Section 484(a) and California Penal Code Section 488 PC, a person can be charged with petty theft if ...