Family Code Section 6344 states: (a) After notice and a hearing, a court, upon request, shall issue an order for the payment of attorney's fees and costs for a prevailing petitioner. (b) After notice and a hearing, the court, upon request, may issue an order for the payment of attorney's fees and costs for a prevailing respondent only if the respondent establishes by a preponderance of the evidence that the petition or request is frivolous or solely intended to abuse, intimidate, or cause unnecessary delay. (c) Before a court awards attorney's fees and costs pursuant to this section, the court shall first determine pursuant to Section 270 that the party ordered to pay has, or is reasonably likely to have, the ability to pay.
The Impact of Domestic Violence on Child Custody in California: Understanding Family Code Section 3044
Child custody battles can be emotionally charged and legally complex, especially when domestic violence is involved. In California, Family Code Section 3044 plays a pivotal role in determining child custody arrangements when there is a history of domestic violence. This blog post explores how domestic violence affects child custody in California and delves into the details of Family Code Section 3044.
Family law proceedings can be emotionally charged and contentious affairs, particularly when child custody is at stake. In California, Family Code Section 3027.1 aims to address the serious issue of false child abuse allegations in such cases. This legal provision serves as a crucial safeguard to ensure that the best interests of the child are protected while preventing the misuse of allegations for personal gain or revenge. In this blog, we will explore the implications of Family Code Section 3027.1 and how it works to strike a balance between protecting children and safeguarding against false accusations.
Child support is a crucial aspect of family law, ensuring that children receive the financial support they need when their parents are separated or divorced. While the primary goal of child support is to provide for the child's well-being, it may come as a surprise to many that it can also have an impact on one's credit. In this blog, we'll delve into why child support affects credit and the implications it can have on individuals involved in such arrangements.
In the realm of family law, ensuring the well-being of minor children is of paramount importance. California Family Code Section 3025 addresses a critical aspect of this concern by guaranteeing equal access to records and information pertaining to a minor child, regardless of the parent's custodial status. In this blog post, we will delve into the specifics of California Family Code Section 3025, emphasizing the importance of granting non-custodial parents access to essential child-related information.
When it comes to marriage and property in California, the rules can be quite complex. One of the crucial statutes you need to be aware of is Family Code Section 2640. This section is designed to protect your separate property interests during a marriage and plays a significant role in the event of a divorce. In this blog, we'll dive deep into Family Code Section 2640, exploring what it is, how it works, and why it matters to you.
Getting into an accident and suffering a serious injury as the result of a careless motorist is bad. Learning that negligent motorist has no auto insurance coverage or little auto insurance coverage makes the situation even worse. This discovery often raises important questions like, “Can I even pursue financial restitution for my harms and losses when I was injured by an uninsured or underinsured motorist?” Another common question in this scenario is, “Who will pay for my medical expenses and reimburse me for my lost income?” These are perfectly valid questions that deserve an answer.
The Governor of California signed S.B. 447 into law which enables plaintiffs to pursue recovery of non-economic damages, such as pain and suffering, in wrongful death lawsuits.
Car accidents can be distressing and life-altering events. In Walnut Creek, CA, a bustling city with heavy traffic, being prepared and knowledgeable about the legal process after a car accident is crucial. This blog post aims to provide valuable information about car accidents in Walnut Creek, including legal considerations and the steps to seek compensation.
When you use your smartphone to order an Uber or Lyft, you have a reasonable expectation that the ride from Point A to Point B will be accomplished smoothly and without incident. Unfortunately, that is not always the case, and you may wind up getting into a serious accident while in an Uber or Lyft.
One of the most common questions asked by clients during the personal injury claims process is whether to accept a settlement offer from the insurance company or to roll the proverbial dice and take the case to court with the goal of securing a favorable verdict from a jury. The answer to this question is…it depends. No lawyer can provide a definitive yes or no answer until they've had a chance to speak to you directly, learn the specific details of your case, understand the contours of the settlement offer, and assess the viability to taking your case to a jury trial.
Marriage holds profound importance in Jewish culture and religion, representing the union between two individuals and the building of a family. Similarly, divorce, though regrettable, is recognized as a necessary process within Jewish law. In the context of Jewish marriage and divorce, the "get" plays a pivotal role. This blog explores the significance of Jewish marriage, the process of obtaining a get, and the importance of the get in the dissolution of a Jewish marriage.
Divorce is an emotionally challenging experience that often entails the division of assets and determination of spousal support. In California, one critical factor that influences the outcome of these proceedings is the marital standard of living. Understanding the significance of the marital standard of living is essential for both parties involved in a divorce. This blog will delve into the concept of marital standard of living in California divorce cases and shed light on its implications.
Family Code Section 2030 is a provision of California's Family Code that aims to level the playing field in family law cases by providing financial assistance to the party who earns less income or has fewer resources. This assistance is intended to ensure that both parties have equal access to legal representation, and that the legal process is fair and just for all involved.
A Qualified Domestic Relations Order, or QDRO, is a legal document that is specific to California Family Law. It is used to divide retirement benefits between spouses during a divorce or legal separation. Retirement benefits can be a significant asset, and dividing them fairly is crucial to ensure both parties are provided for in the future.
During divorce proceedings in California, you may hear some odd terminology and shorthand references. For example, during your divorce, you may hear references to “Epstein credits” and “Watts charges” and wonder, “what are these lawyers talking about?” Gain insight into these topics.
If you are going through a divorce in Contra Costa County involving real property, you may hear a reference to the term “Moore/Marsden calculation” and wonder, “what does that actually mean?” Here is the answer: Moore and Marsden are shorthand references to two seminal divorce cases decided by the California Supreme Court and the California Appellate Court in 1980 and 1982 respectively. These cases addressed the issue of how to determine the community property interest in a home. The two cases established that when the community in a marriage pays down principal, the community may receive a dollar-for-dollar reimbursement as well as a pro tanto (as far as it can go) share of the property’s appreciation from the date of marriage to the date of the trial. Thus, we have the Moore Marsden calculation.
Both the California legislature and court system encourage spouses to do their best to try and reach amicable settlements to resolve divorce conflicts as quickly and efficiently as possible. So, when a spouse attempts to drive up the cost of a divorce proceeding by being difficult, unreasonable, etc. they can actually be reprimanded and sanctioned for their misconduct.
Some of the most hotly contested and complex issues in California divorce proceedings pertain to child support and spousal support payments. In an effort to systemize and standardize child support and spousal support payment obligations, both family law practitioners and California courts routinely rely on “DissoMaster” software. This software enables legal professionals to enter specific financial figures provided to the court through financial disclosures to calculate the amount owed, if any, for child support and spousal support. In fact, the Superior Court of California has relied on DissoMaster in divorce cases for over two decades.
When you file for divorce in California, a required step in the process is providing a preliminary financial disclosure to your spouse and the family law court assigned to oversee your divorce. The preliminary financial disclosure will typically include a list of marital assets and debts from you and your spouse. It is incredibly important for spouses to provide an accurate list of all their assets and debts. Why? Because an accurate, transparent list of all assets and debts will help expedite the settlement negotiation process and ensure an amicable resolution to the divorce proceeding.
Some people are surprised to discover that, under California law, married couples are obligated to act honestly and fairly towards one another. For example, the Family Code in California specifically provides the following: “This confidential relationship [of marriage] imposes the duty of the highest good faith and fair dealing on each spouse, and neither shall take unfair advantage of the other.” As a result, whether or not people in California know it, married couples owe a Spousal Fiduciary Duty to one another. This fiduciary duty applies to each spouse’s conduct during the course of their marriage. It also applies if the married couple decides to get a divorce.
Standard Family Law Restraining Orders (previously known as Automatic Temporary Restraining Orders) are a set of standardized orders that automatically go into effect when a Divorce Petition and Summons are filed and served.
In California, starting the divorce process is relatively straightforward. Though, it is important to note that divorce process overall can become quite complex and is fraught with potential pitfalls and issues that could cause the divorce proceedings to last for months or even years.
In California, a family court has the authority to grant reasonable visitation rights to the grandparent of a minor child, or children. However, it is important to note that a family law court will not automatically approve visitation rights for a grandparent. In order to obtain grandparent visitation rights, you need to first file a petition requesting grandparent visitation rights with the family court. Grandparent visitation occurs when a grandparent formally files a motion seeking visitation with their grandchild on specific days and times. Such visitation is permitted under California law, specifically Family Code Section 3100. Upon making certain findings, a California family court may grant a grandparent’s request for visitation which will necessitate the issuance of a court order. The court will require both the grandparent and the minor child’s parents to be in compliance with such an order.
In San Francisco and elsewhere in California, minors generally do not testify in court or speak directly to the judge in child custody cases. As a result, California courts typically appoint a minor's counsel who will be tasked with interviewing the child about their concerns and whether they have a preference to live primarily with one parent or the other (if they're old enough to do so). The role of a minor's counsel is to advocate on behalf of a child. In addition, the minor's counsel acts as a fact finder since they learn about the child's best interests including the health, safety, and welfare of the child. The minor's counsel needs to be this voice without compromising the rights of the child, including the child's emotional well-being. Their primary role is to consider what is the best interest of the child while not being bound by emotions that typically accompany a contentious divorce case that include a custody dispute.