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Family Law

California Divorce Blawg

News and information about divorce, pre-nuptial agreements, parenting, paternity, property division, support, collaborative divorce, mediation, and parenting coordination, particularly in California.
By John E. Harding, JD, CFLS

Post Frequency: 2.2/day

Last Entry: March 29, 2011 at 12:49:29

Due Process in Domestic Violence Cases

Posted on March 29, 2011
An unpublished opinion out of Place County provides important information regarding what is required at a domestic violence hearing before the Court renews a permanent domestic violence restraining order. Mother applied for the renewal of a restraining order against father...

Marriage Not Good For Your Health?

Posted on March 25, 2011
In an article published in The Atalantic.com Vernique Greenwood reviews the book The Longevity Project, written Howard Friedman, Ph.D. and Leslie Martin, Ph.D.. In their book Friedman and Martin suggest that marriage (among other things) does not necessarily contribute to...

Forbes Posts List of 10 Wealthiest Divorcees

Posted on March 14, 2011
Taking from its annual listing of billionaires, Forbes has compiled a list of the world's ten wealthiest divorcees. They are Louis Vuitton Moet Hennessy chariman Bernard Arnault ($41 Billion), Oracle CEO Larry Ellison ($39.5 Billion), Zara founder Amancio Ortega ($31...

What's In A Name?

Posted on March 08, 2011
Kristen McMullen and John Sugrue got married. Kristen took John's last name. They had a daughter named Claire, and then got a divorce. Kristen reverted back to her maiden name. Then she went to court to have her daughter's last...

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Talking and Interacting With The Kids After Divorce

Posted on March 01, 2011
With divorce there will be changes in your life, and the lives of your children. How do you help the kids to deal with that change? What should you tell the kids? These are always challenging questions. Brette Sember tries...

Against the Dilution of a Child's Voice in Court

Posted on February 10, 2011
According to Albany Law School professor Melissa Breger children's voices have been diluted in the court system, as the dominant paradigm in children's legal theory has too often overlooked the voices of our youth. The dilution of children?s voices in...

Creditor and Debtor Windfalls from Divorce

Posted on February 01, 2011
Prefessor James Ratner, from the University of Arizona College of Law, has an article entitled Creditor and Debtor Windfalls from Divorce. Abstract: At the end of a marriage, marital debt must be allocated. Under most marital property regimes, a divorce...

An Example of the Community Property Presumption Trumping Title

Posted on January 31, 2011
Edward and Sandra Fossum bought a house. They refinanced the property several times. However, Sandra had bad credit, so before each refinance Sandra would quiclaim the property to Edward so that he could get a loan in his name only...

In re Domestic Partnership of James and Christopher

Posted on January 25, 2011
We don't see too many appellate court opinions dealing with domestic partnerships, which is too bad because family law lawyers are clamoring for clarifying law on the emerging domestic partnership practice area. Guess what? An unpublished opinion has come out...

Why You Should Hold A Grudge Against Your Spouse

Posted on January 14, 2011
I have long argued that as politically incorrect as it is, some times "to forgive and forget" is not the best course of action. Seems I may not be alone in my thinking. Stephanie Pappas has a great article on...

Pets And Divorce

Posted on January 10, 2011
Pets can be an issue in divorce. At The Huffington Post.com Jill Brooke offers an insightful article on the topic. It is no secret that divorces can derail into a real dog fight. But nowadays it's more likely that Fluffy...

Jewish Get Dispute In Divorce Gets Attention

Posted on January 06, 2011
This should have been a good New Year?s for Aharon Friedman, a 34-year-old tax counsel for the Republicans on the House Ways and Means Committee. He spent time with his 3-year-old daughter, and could have been thinking about the influence...

Meet the Justices of the California Supreme Court

Posted on January 06, 2011
When it comes to family law most decisions are left to the states. The final arbiter of legal decisions in California is of course the California Supreme Court. That being the case Californians should know who their Supreme Court Justices...

A Full Slate of New California Family Laws Take Effect

Posted on January 05, 2011
Divorce, California style, could take longer and cost more because of new state laws that went into effect at the start of the year, according to a family law attorney with offices in Beverly Hills and San Diego. The changes...

Family Law Judgments and Trust Deeds

Posted on December 21, 2010
Betty and Wayne divorced in 1988. As part of the divorce judgment Wayne got two pieces of property. In turn, he owed Betty $335,000. He gave her a promissory note for the amount due, and secured it with deeds of...

California Supreme Court Resources & Annotations

Posted on December 16, 2010
Supreme Court of California Resousrces "SCOCAL" is a joint project between Justia and Stanford Law School Library. With annotations written by the Advanced Legal Research class at Stanford Law School, SCOCAL is where readers can locate free opinions from 1934...

Making Waves or Keeping the Calm?: Analyzing the Institutional Culture of Family Courts Through the Lens of Social Psychology Groupthink Theory

Posted on December 16, 2010
This article by Melissa Breger argues that the institutional culture of Family Courts across the nation too often stifles conversation and innovation and discourages loyal client-centered advocacy. The article presents the social psychology theory of groupthink as a backdrop to...

Top Five Jobs For Divorce

Posted on December 06, 2010
Approximately 10 percent of all Americans older than age 15 were divorced in 2009, according to a report by the Associated Press, republished on CBSNews.com, citing figures released by the United States Census Bureau. It is impossible to determine whether...

Spouse Who Is Awarded Spousal Support Because Of Domestic Violence Can Also Sue For Tort Damages

Posted on December 01, 2010
Linda and Steve got a divorce. During the divorce Linda proved that she was the victim of domestic violence at the hand of Steve. In part because of the domestic violence finding, the family law judge order Steve to pay...

US Supreme Court To Hear Child Support Case

Posted on November 17, 2010
In a very, very rare move the United States Supreme Court has agreed to hear a family law case. Rick Brundrett of nerve.com posts an excellent article explaining the case. The nation?s top court will hear the appeal of an...

Oversharing On Social Media

Posted on May 24, 2010
It stuns me how much private information people are willing to post about themselves on social networking sites such as twitter and facebook. Do you doubt that family law lawyers are finding and using this information? Think again! The sites...

US Supreme Court Chimes In On Child Custody

Posted on May 21, 2010
For the most part family law cases are resolved by state courts. Federal Courts are rarely heard from. As you might expect, the U.S. Supreme Court is very rarely heard from regarding family law issues. When the Court does speak...

Do Half Of All Marriages Really End In Divorce?

Posted on May 18, 2010
50% failure rate for marriages. A sobering statistic, isn't it? But is it accurate? Time.com recently ran an interesting article calling into question the validity of the 50% marriage failure rate. Do half of all marriages really end in divorce?...

Federal Court Refuses to Exercise Jurisdiction in Frozen Embryo Case

Posted on May 10, 2010
The United States Court of Appeals for the Eighth Circuit recently issued a ruling refusing jurisdiction in a frozen embryo case. As explained by our friends at the Family Law Prof Blog, Patricia Dodson (formerly Patricia Lay) and Dr. Jackson...

Sandra Bullock, Larry King, Charlie Sheen. Here's Your Celebrity Divorce Round-up

Posted on May 07, 2010
For all my friends and followers who clamor for celebrity divorce news (and there are a lot of you!) I give you an update from the folks at The Divorce Blog. Sandra Bullock finally filed for divorce from her husband...

Court fight waged over brain-damaged mom's triplets

Posted on May 07, 2010
A tragic story out of Los Angeles shows the challenges presented to family law judges in California and elsewhere. Abbie Dorn always wanted children, and in June 2006 she got her wish -- triplets. But during a difficult birth she...

John Harding to teach family law continuing legal education class

Posted on May 05, 2010
Harding & Associates lawyer John Harding will be a member of the faculty teaching California Family Law From A to Z. Scheduled from 9:00 a.m. to 4:00 p.m. on May 19, 2010 in Milpitas (Santa Clara County), California, this basic...

Participants Needed for Divorce and Custody Dispute Study

Posted on April 29, 2010
Dr. Julie Ancis, a professor of Counseling Psychology at Georgia State University, is studying women?s experiences with divorce and custody disputes. The purpose of this research is to gain an understanding of women?s experiences within the legal system...

Diverging Family Structure and 'Rational' Behavior: The Decline in Marriage as a Disorder of Choice

Posted on April 27, 2010
The past fifty years have witnessed a growing divergence in family structure by social class, income, education, and race. The goal is to explain why significant segments of the population are moving away from the traditional patterns of family and...

Should Family Law Judges Make Rulings On Religion?

Posted on April 23, 2010
An intriguing question is gaining steam: whether family law judges should get involved in choice of religion battles between divorcing parents? Not an insignificant dilemma given the U.S. Constitutions separation of church and state. An article from the online edition...

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