Category Archives: California Divorce

Collateral Estoppel in Family Law

In re Marriage of Parker involved the determination of whether a father could file a second action to discharge back child support he owed to the county and his ex-wife. He claimed that due to the fact that the parties’ … Continue reading

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Orders for Past Child Support

      The court in Barth confirmed that a court could order child support retroactive to the date that the petition is filed in the divorce case in Orange County. FACTUAL BACKGROUND OF THE DISSOLUTION PROCEEDINGS       The parties had been … Continue reading

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Modification of Spousal Support in Orange County.

In re Marriage of Shimkus reiterated the fact that Family Code section 4320 requires the court to make findings as to all of the factors found in that section of the code before it makes an order for spousal support. … Continue reading

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Does a Waiver of Future Claims in an MSA Preclude an Award of Attorney Fees Based Upon Need?

 Many parties settle the terms of a divorce by entering into an agreement. It is important that both parties understand the terms of the agreement, because they will be enforceable. If a marital settlement agreement (“MSA”) states that the … Continue reading

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How Long can a Waiver of the Doctor-Patient Privilege Last in a Dissolution?

In the divorce proceedings of Kreiss v. Kreiss the dissolution judge determined whether a stipulation waiving the doctor-patient privilege which was signed by both parties is still valid after the judgment of divorce has been entered but before the minor … Continue reading

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If I Filed a Petition for Legal Separation in Orange County, can I Change it to a Petition for a Divorce After it Has Been Served?

As long as a final judgment has not been entered in the action for legal separation, the petition can be amended to request a divorce. However, once a final judgment has been entered, a party must file a new petition … Continue reading

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What Does it Mean to Have Legal Custody of a Minor Child in Orange County?

In California, legal custody is the ability to make decisions about a minor child’s life. These decisions can include the school the minor children will attend in Orange County, the doctor the child will visit, or the classes the child … Continue reading

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Can an Orange County Divorce Trial Judge Enter a Judgment Against a Non-Resident?

The dissolution case of Fitzgerald v. Wilson addressed whether a California divorce court could obtain personal jurisdiction over an individual to make enforceable orders against a resident of another state. FACTUAL BACKGROUND LEADING TO THE DISSOLUTION OF MARRIAGE The parties … Continue reading

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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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