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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

Visa Knows if Your Marriage is on the Ropes

Posted on April 20, 2010
Here is some scary information about your credit card companies. Written by Josh D. Simon on divorcemagazine.com, this article really shows what little privacy we have. Global credit card giant Visa is fond of claiming that "more people go with...

Facebook to Blame for Divorce Boom

Posted on April 19, 2010
"The dangers of social networking sites for the young are well documented, but increasing numbers of middle-aged users are also having their private lives thrown into turmoil by online activity." This is the lead-in to an intriguing article on Foxnews...

Practical Thoughts On Pre-Nups

Posted on April 05, 2010
A pre-nuptial agreement can be a very helpful document when a marriage fails. It can help clarify property division issues, it can resolve the question of who owns what, it can narrow the scope of spousal support disputes, etc. But...

No Upturn In Divorce Filings

Posted on March 30, 2010
When people learn that I am a divorce lawyer, what do you think is the Number 1 question that they ask me? The clear winner is: "Your business must be booming in this economy?" My surprising answer is "no, the...

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Getting Passport Consent for Children of Divorce

Posted on March 25, 2010
Passport questions, and questions regarding international travel for children come up frequently in divorce. Womensdivorce.com has a great post on these topics: Do non-custodial parents need to provide passport consent? There are specific rules for issuing passports to children of...

Book Review: Happily Ever After Divorce

Posted on March 17, 2010
Divorce is never fun. To the contrary, it has to rank at the top of the last of angst inducing crises. So many questions. So few answers. As a divorce lawyer I wish I had a pill I could give...

And You Thought Your Divorce Was Expensive!

Posted on March 11, 2010
High cost of McCourts' divorce: $19 million in fees Dodgers' case could be one of the most expensive in California history. Even other high-profile divorce attorneys are surprised. Frank and Jamie McCourt are a billionaire couple who also happen to...

Barry Bonds Divorce

Posted on March 02, 2010
Barry Bonds' wife has filed new documents to end her marriage. In papers filed in L.A. County Superior Court yesterday, Liz Bonds cites irreconcilable differences. She is asking for joint physical and legal custody of the couple's daughter. Liz had...

Is No Fault Being Eroded In California?

Posted on February 26, 2010
By definition California is a "No Fault" state. In general terms it is presumed that reprehensible conduct by either party to the marriage is irrelevant to judicial decision making in the divorce case. However more and more statutes are being...

California Court Can Decide Custody of Children Who Had Been Living in Mexico

Posted on February 23, 2010
Hector Bardales and Emilia Duarte are the parents of four children born in San Diego: three daughters born in 1990, 1991 and 1998, and a son born in 1996. In 2000, Duarte took the children to live in Mexico. In...

Basics of Divorce Video

Posted on January 28, 2010
Looking for a great introduction to the most basic concepts of divorce, then click here to watch a great video from findlaw.com. Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding & Associates, for more...

Divorce Gift Registry!?

Posted on January 27, 2010
Okay, I don't know if this is weird or not? A UK department store is now featuring a gift registry for divorcing couples. Debenhams divorce list is the latest service to be launched for the newly separated. Toasters, wine glasses...

Looking For More Information on the Proposition 8 Trial?

Posted on January 27, 2010
The Constitutional Law Prof Blog provides outstanding, ongoing coverage of the landmark Prop 8 trial being conducted in U.S. District Court in San Francisco. This case will end up going to the U.S. Supreme Court. If you want to learn...

California Courts Maintain Stellar Divorce Self-Help Website

Posted on January 22, 2010
There is an abundance of good, free family law information on the internet. If you have questions about the process in California, one of the best resources that I have come across is the California Courts Self-Help Center. This site...

California Trial on Same-Sex Marriage Ban Has National Effect

Posted on January 18, 2010
The validity of California's Proposition 8, which bans same-sex marriage, is being challenged in a trial in U.S. District Court in San Francisco. The trial is drawing national attention because it presents a U.S. Constitutional challenge to the legitimacy of...

That Porsche You Gave Your Spouse Is Not Separate Property

Posted on December 10, 2009
California has a statute, Family Code 852(c), that provides that gifts that are tangible articles of a personal nature and not of substantial value become the separate property of the recipient spouse. The consequence at divorce is that the gifted...

Alcohol Monitoring Bracelets Working Their Way Into Family Law Courts

Posted on December 01, 2009
Alcohol monitoring bracelets have long been a stalwart in criminal courts, particularly in monitoring drunken drivers to ensure they are complying with no alcohol orders. Now that same technology is starting to be utilized by family law judges. The Wisconsin...

More Fathers Are Getting Custody in Divorce

Posted on November 19, 2009
Is there a new trend regarding fathers and child custody? An interesting article from the online edition of the New York Times suggests that there is. Working Mother Magazine published a package of articles on Tuesday called ?Lost Custody,? about...

Assets Accrued During Later Marriage Are Available To Pay Child Support In Earlier Marriage

Posted on November 18, 2009
Until 1994, if a parent paying child support remarried, the court had the discretion to consider the income of a new spouse in connection with a motion to modify support. In 1994 this rule was changed so that the income...

Text Messages Can Spell Divorce

Posted on November 12, 2009
Text messaging has exploded as a communications tool. I would venture a guess that it is catching up on e-mail? Today Law.com featured an article by National Law Journal reporter Tresa Baldes detailing how text messages are coming into play...

The New Take On Spousal Support

Posted on November 06, 2009
For years I have been telling my clients that the goals and purposes behind spousal support (commonly referred to as "alimony") are changing. It seems that change is gaining momentum. The on-line edition of the Wall Street Journal offers an...

Are the LA Dodgers Community Property?

Posted on October 29, 2009
Dodgers owner Frank McCourt and his wife Jamie have split. The fireworks have begun in their California (Los Angeles County) divorce. In addition to requesting $448,000 per month in spousal support, Ms. McCourt is also asserting that she is a...

ABA Military Pro Bono Project Needs Volunteer Lawyers

Posted on October 19, 2009
The American Bar Association's Military Pro Bono Project connects active-duty military personnel to free legal assistance for civil legal issues beyond the scope of services provided by a military legal assistance office. The Project's web portal has been created to...

California Has Very Specific Requirements When You Try To Enforce Support Orders From The Courts Of Other Countries

Posted on September 30, 2009
Natalija and Nikolai were married and living in California. Eventually Natalija moved to London, and then got court orders as part of a divorce in the UK. One of the orders in the British case ordered Nikolai to pay 50,000...

Richard Pryor's Daughter Cannot Annul His Marriage.

Posted on September 30, 2009
Richard Pryor was a well-known comedian and actor. He had six children, including Elizabeth. Richard was diagnosed with multiple sclerosis in the mid-1980?s. He was married to Jennifer in 1981 and they divorced in 1982. On June 8, 2001, pursuant...

?Secular progressive? wants to ban divorce in California

Posted on September 28, 2009
The latest move in California's evolving laws of marriage would have divorce banned. From San Diego News Network.com we get this story. A Sacramento man wants to ban divorce in California. John Marcotte filed an initiative - the California Marriage...

The New Economic Realities of Family Court

Posted on September 25, 2009
These days question number one from friends and acquaintances is, "how's business in these tough economic times?" I tell them business is busy. Then the question is typically rephrased to "how is the economy affecting families? Is it leading to...

How A Forensic Accountant Can Help In Divorce

Posted on September 21, 2009
Very simply put, forensic accounting is accounting that is used in a legal setting. Seth Gordon offers a great article, originally published on womansdivorce.com, on this important field In a divorce scenario (which may include child support issues), a forensic...

Social Networking And Divorce

Posted on September 11, 2009
With the advent of social networks such as twitter, Facebook, MySpace, etc., many people have made their private lives very public. For some these social networking outlets have become online journals of the most intimate nature. Legal commentators including totaldivorce...

Divorce Classes To Help You Get Through

Posted on August 27, 2009
Many people today have gone through a divorce or have been affected by the process in one way or another. It only seems appropriate that in today?s society, there are classes to help people make it through this long, emotional...

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