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The Petition – Part 6(a), (b) – dissolution v. legal separation

You’ve married.  And now you want to get divorced.  Or maybe legally separated.  What’s the difference? A judgment of dissolution (aka divorce) means the parties are back to being unmarried and can re-marry if they so choose.  Fam. Code § 2300.  If the parties choose to be “legally separated”…

Judges Are People Too

California judges are required to abide by the Code of Judicial Ethics.  If Florida has a similar code, the criminal law judge shown in this video may have some explaining to do. A California judge acting like the one in Florida could be removed for cause. However, the…

Shhhh…. what you share with your attorney is private

Generally speaking, information you share with your attorney is protected by the attorney-client privilege.  Evidence Code § 954.  However, an exception applies if the client wants help committing crime or fraud.  Evidence Code § 956.  In those cases, the information is not protected.  The 956 exception does not cover information…

Split – A must see divorce documentary by film maker Ellen Bruno

Twelve bright, articulate kids talk about their experiences as children of divorce in this sad, funny and thought provoking new documentary by Ellen Bruno.  Divorced parents should see this film.  Click here for more information.

Your “friends” are watching…

People today are more and more likely to share things they once kept private.  Or maybe people think it’s okay to share it only with their “friends”. Dana Snay shared private information that resulted in the loss of her father’s employment law settlement agreement.  Click here for the…

Graying Divorce

Divorce is not first and foremost about reimbursements, support, or community v. separate property.  It is about people.  All kinds of people.  National Public Radio reminded listeners yesterday that that includes Baby Boomers. The story notes: “For baby boomers, divorce has almost become, like marriage, another rite of…

The Petition – Part 2 – Statistical Facts – Date of Separation

In Section 2 of the Petition, the Petitioner lists the Date of Marriage and the Date of Separation (“DOS”).  These dates are important and can impact spousal support and the division of community property.  Most people can agree on the Date of Marriage.  But what is the DOS?…

The Petition – Part 1 – Residency

Where do you live?  That is an important and relevant question when filing for dissolution (less so if requesting a legal separation).  (See previous posting for the difference.) If you want to divorce your spouse, one of you needs to have been a resident of California for the…

The Petition – Header – what to Petition for

This blog promised (on December 9, 2013) to ” address other items found in the Petition and Response.” The Petition is available here at the California Judicial Branch website.  (If you wish to end a domestic partnership, please check here.) The Response is here. Family law proceedings can be…

Old Country Song: Don’t Be (Illegally) Tracking My Heart

Ashley Judd thinks her sister Wynonna  has been tracking Ashley (and her Mini) with a GPS.  Click here for the story. In California, that is illegal. See Penal Code Section 637.7. Some spouses may want to catch their soon-to-be significant other doing something they shouldn’t be doing.  In the…