Monthly Archives: July 2011

In California, a Divorce Court Will Evaluate Many Factors to Determine the Date of Separation.

In Hardin v. Hardin, the Orange County divorce court heard evidence to determine the parties date of separation. FACTUAL BACKGROUND LEADING TO THE DISSOLUTION OF MARRIAGE The husband moved out of the family residence in 1969. The parties did not … Continue reading

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How Do I Know the Divorce is Final?

Surprisingly, some people file the paperwork to obtain a divorce, but never finalize the divorce. The parties believe that they are divorced, but their legal status is “married.” Sometimes, those same people remarry not realizing that their earlier divorce was … Continue reading

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In California, Visitation is Based Upon the Best Interest of the Child and is not Contingent on the Payment of Child Support.

In Camacho v. Camacho, the appellate court addressed whether a family law judge could limit a non-custodial parent’s visitation with the child until the parent pays child support and undergoes psychiatric therapy. FACTUAL BACKGROUND LEADING TO THE CUSTODY DISPUTE The … Continue reading

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If I Get a Divorce in California, How Much Child Support Will I Receive?

In California, clients will often hear the phrase “guideline child support.” Guideline child support is a formula based upon how much money each parent earns and how much time the minor child spends with each parent. Usually the payor of … Continue reading

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Can One Spouse Subpoena Medical Records of the Spouse During a Custody Proceeding?

In Koshman v. Superior Court the medical records of the mother were subpoenaed but not released to the requesting party. The records were protected under the doctor-patient privilege which prohibited disclosure unless the requesting party could prove just cause to … Continue reading

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If a Spouse Commits Adultery, Can that be Used in a Divorce to Prove Fault?

Adultery cannot be used in a court of law to prove that the other spouse was at fault for the dissolution of the marriage. California is a no-fault state, meaning that a court will grant a divorce without either party … Continue reading

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In an Orange County Divorce, Can a Judge Reallocate a Temporary Order of Child Support to Spousal Support at the Time of Trial?

In Re Marriage of Macmanus decided the issue of whether a temporary order of child support can be reallocated to spousal support at the time of trial. FACTUAL BACKGROUND LEADING TO THE DISSOLUTION OF MARRIAGE The parties in Macmanus had … Continue reading

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Is the Date of Separation Important in a Divorce in Orange County?

The date of separation becomes more important in a divorce when the parties’ debts or assets have increased substantially during the time that the parties purportedly separated. Usually the longer the time between the separation and one party files for … Continue reading

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