Monthly Archives: March 2012

If One Parent Moves Out of California with Minor Children, Which State has the Authority to Hear a Custody Matter?

When one parent moves out of California with minor children, California courts may exercise jurisdiction to hear custody orders if an action is filed within six months. FACTUAL BACKGROUND LEADING TO THE CUSTODY DISPUTE The parties to this case had … Continue reading

Posted in UCCJA, Uniform Child Custody Jurisdiction Act | Leave a comment

Will a Court Enforce an Agreement Which Does not Equally Divide the Community Property?

If both parties enter into an agreement knowingly and voluntarily it is unlikely that the court will disrupt the agreement even if it is inherently unfair. However, the court will set aside the agreement if all the prerequisites to making … Continue reading

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A Deed is Usually a Sufficient Writing to Transfer Separate Property to Community Property.

Decisions made in a probate court help interpret the family law code which is primarily focused on divorce issues. The Estate of Everett L. Bibb, Jr, did not involve a divorce, but rather the process of taking a decedent’s estate … Continue reading

Posted in Community Property, Orange County Family Law Lawyer, Separate Property, Transmutation | Leave a comment

When are Sanctions Awarded in a California Divorce Proceeding?

A judge can order a husband to pay sanctions when the husband fails to disclose all of his assets in a divorce and when he frustrates settlement. FACTUAL BACKGROUND LEADING TO THE DISSOLUTION OF MARRIAGE The parties in this case … Continue reading

Posted in Orange County Family Law Lawyer, Sanctions | Leave a comment

What Factors Does and Orange County Divorce Court Consider to Determine the Date of Separation?

In the case of Manfer, the Orange County court discussed which factors it considers to establish the date of separation in a dissolution. FACTUAL BACKGROUND LEADING TO THE DATE OF SEPARATION DISPUTE The parties mutually agreed to end their marriage … Continue reading

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