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Family Law
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A Domestic Violence Restraining Order (DVRO) is a civil order issued by the Court to protect a person or persons when there are allegations of abuse or threats of abuse. A DVRO offers civil legal domestic violence protection to both women and men victims of domestic violence. The different types of domestic violence include, but...
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This article defines domestic violence in California under the Domestic Violence Prevention Act and relevant case law. Anyone can be a victim or perpetrator of domestic violence irrespective of race, age, sexual orientation, religion, gender, socioeconomic status and education levels. Domestic violence can take many shapes and forms. It can stem from an isolated event...
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A final custody determination can occur through either a stipulated order showing the parties’ clear intent that the order be final, or through a court order arising out of trial litigation or post-judgment proceedings. Yet, the term “final custody order” is somewhat misleading. Even after a final determination is made, the court retains the power...
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Spousal support orders are generally modifiable in Court unless your Judgment or Stipulation specifically and clearly states otherwise.  If a spousal support order clearly states it is a non-modifiable order, the Court does not have the discretion to modify the support order, regardless of whether a  hardship has occurred or may occur. It should be...
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When most people think about spousal support, they think of support payable after a divorce is final. We refer to this as “permanent” spousal support. However, sometimes this support can be anything but permanent. Permanent spousal support awards can be granted for varying lengths of time. Pursuant to Family Code section 4330, the court may...
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Protecting Community Assets in Divorce: Employment-Related Benefits During the course of a marriage, spouses often accumulate a number of employment-related benefits, such as pension plans, retirement plans, deferred compensation, stock, bonus income, and severance pay. There is a wide range of employee benefits, provided by both private and public employers. Step 1: Ascertain the Benefits...
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No two marriages are the same, and for that reason no two divorces should be treated the same. Consequently, there’s no perfect method to resolving a divorce, but if you’re a spouse contemplating a divorce you should be aware that there are several different options you may choose. Regardless of how many options one may...
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On many occasions, at some time after parents have obtained a court-ordered custody and visitation plan, one party may desire to relocate to a distant location with the minor child.  A parent’s desire to relocate becomes an issue when the relocation prevents the other parent from having frequent and continuing contact with the child.  In...
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The amount of a child support or spousal support award is based on the actual income of both parties among other factors. However, the Family Code gives the court discretion to modify these support awards by looking at the “earning capacity” of a party who is underemployed or who refuses to work. “Earning capacity” is...
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After fifty years of marriage equality litigation, same-sex couples around the country are finally able to feel a sense of equality.  Although the language within the Constitution of the United States has not changed, it appears progress has been made because of the country’s ability to truly understand same-sex couples and the discrimination to which...
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