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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

Software to help calendar and track child visitation

Posted on August 12, 2009
The folks at Custody X Change keep making their timeshare and child visitation software better! They have just released version 2.5. This is a very exciting release that includes the ability to track actual visitation time and keep a log...

Interpol, kidnapping, death threats, covert ops. Here's a child custody case for you!

Posted on August 11, 2009
Husband and wife got married in Pakistan. They took up residence in Fremont, California and a child was born in California. Wife then took child to Pakistan for a vacation, and decided not to come back. For the next six...

Planning For Divorce

Posted on August 06, 2009
"How do I plan for divorce?" That is a question that I am asked time and time and time again. You would think it would be easy to answer? It is not. There are too many facets on the stone....

Virginia Divorce & Custody Law

Posted on July 29, 2009
Recently received a note from my friend Jon Frieden that his firm's Virginia Divorce & Custody Law blog is up and running. Click here to take a peek if you have questions about Virginia law. Please be sure to visit...

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Accessing spouse's e-mail is grounds for Domestic Violence Restraining Order

Posted on July 29, 2009
Husband was found to have accessed wife's e-mail account, used information from that account to keep track of her, and publicly disclosed confidential information that he had gotten from the e-mail account. The court determined that this conduct was sufficient...

Get Your Past Due Child Support Suspended Drivers License Back

Posted on July 24, 2009
August is Child Support Awareness Month in California. If your driver license is suspended because of child support debt, you may be able to buy it back and ?Get Back on the Road Again." Contact your local Department of Child...

How to Move On After a Divorce

Posted on July 09, 2009
Divorce is a difficult time in every person?s life: you get married once, and you think it?s going to last forever only to discover that the two of you are incompatible in the end. This crushing admission of defeat in...

Voluntary Acknowledgement Wins in Competing Presumptions of Paternity

Posted on June 29, 2009
The Family Law Prof blog reports on an extremely messy case involving dramatically differing stories from the parties and the intersection of four separate statutory provisions governing paternity, the California Court of Appeals held that a voluntary acknowledgment of paternity...

Parental Alienation Syndrome

Posted on June 25, 2009
Parental Alienation Syndrome ("PAS") is a hot topic in family law. There is a school of support for PAS, and a school adverse to it as a junk science. The essence of the theory is that one parent poisons the...

Domestic Violense Only Creates A Rebuttable Presumption Against Custody

Posted on June 16, 2009
Petitioner Keith R. (Father) and real party in interest H.R. (Mother) were married in mid-2004. B.R. (Daughter) was born in the fall of 2005. After Father filed for divorce in September 2006, Mother asserted domestic violence allegations against Father, and...

Ted Olson and David Boies Join The Prop 8 Fray

Posted on June 10, 2009
On Tuesday, lawyers Theodore B. Olson and David Boies, who represented opposing sides in the 2000 Bush v. Gore election challenge, announced they had filed a lawsuit in federal court on behalf of two gay men and two gay women...

Call for Papers - Collaborative Law

Posted on June 05, 2009
Hofstra Law Review has issued a call for papers for an upcoming special symposium issues on Collaborative Law and the Uniform Collaborative Law Act: Opportunities, Challenges, and Questions for the Future In addition to featuring the Uniform Collaborative Law Act,...

Mel Gibson Divorce Update

Posted on June 04, 2009
For all of my celebrity divorce fans, here is an update on Mel Gibson's California divorce proceedings. Mel Gibson may soon be writing one of the biggest checks of his life ? to his wife. With no indication that the...

California Supreme Court Upholds Same-Sex Marriage Ban

Posted on May 26, 2009
The California Supreme Court on Tuesday upheld a ban on same-sex marriage that state voters passed in November, but it allowed about 18,000 marriages performed before the ban to remain valid. Opponents of the ban argued that the controversial Proposition...

Meet the Justices of the California Supreme Court

Posted on May 19, 2009
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...

Divorce and Bankruptcy

Posted on May 08, 2009
Unfortunately, one calamity often leads to another and sometimes divorce and bankruptcy occur in tandem. In this entry, you'll find an explanation of why bankruptcy and divorce sometimes go hand-in-hand and what you may expect if the two happen in...

Majority of Children of Divorce Think Both Parents Are Equal When It Comes To Custody

Posted on April 23, 2009
I came across a survey of kids, and their thoughts on divorce. The survey asked two questions: 1) Are mothers and fathers equally capable for caring for young children following a divorce? 2) Are mothers and fathers equally qualified to...

Why Pay Attention To Gay Marriage?

Posted on April 08, 2009
I got an e-mail from an angry viewer of this blog complaining that I devote too much space to same sex marriage (not the exact language used, but close enough). The author also asked (I presume a rhetorical question?) why...

Iowa Supreme Court Strikes Down Gay Marriage Ban

Posted on April 03, 2009
The Iowa Supreme Court has struck down the state?s ban on same-sex marriages in an opinion that notes other state rulings at the forefront of civil rights. The court ruled the ban violates the equal protection clause of the Iowa...

Iowa Supreme Court Strikes Down Gay Marriage Ban

So What The Heck Is Community Property?

Posted on March 27, 2009
Community property is a legal policy creating a presumption that property acquired during a marriage is owned 50/50 by each spouse. California was the first state to define and adopt the community property system. It can be a complex legal...

Meet the Justices of the California Supreme Court

Posted on March 27, 2009
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...

So What The Heck Is Community Property?

Meet the Justices of the California Supreme Court

Here's A Thought: Why Not Abolish Marriage?

Posted on March 20, 2009
From our friends at the Law Professor Blog, a provocative idea for ending marital strife. Abolish marriage: Marriage Developments - - - abolition or inclusion? Perhaps the solution to the "marriage wars" is the abolition of marriage? It's a proposal....

SPU Faculty Announcement

Posted on March 19, 2009
John Harding will be teaching family law at Solo Practice University.

More Divorce Cases Are Going To Trial

Posted on March 12, 2009
A wise family law lawyer once told me "the best divorce lawyers are the ones that are not going to court." That makes perfect sense. Lawyers get paid by the hour. Nothing consumes more of a lawyers time than a...

Rihanna/Chris Brown Restraining Order

Posted on March 09, 2009
For all you celebrity watchers (you know who you are!) Rihanna's restraining order against Chris Brown is available for viewing online. Click here for a look.Please be sure to visit www.hardinglaw.com, the website for the law firm of Harding &...

Proposition 8 Constitutional? Arguments in California Supreme Court

Posted on March 06, 2009
The California Supreme Court heard a three hour argument in Strauss v. Horton, the challenge to Proposition 8's constitutionality. We've previously blogged about the issues here and here, including a report of the two panels held at AALS in San...

California Supreme Court Weighs Legality of Gay Marriage Ban

Posted on March 05, 2009

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