Category Archives: Orange County family law

Disentitlement Doctrine in Orange County Family Law Appeals

Many orders in family court are appealable. However, if one party has disregarded a court order, that party may be in contempt of court and unable to pursue an appeal. Pursuant to the disentitlement doctrine, the appellate courts have the … Continue reading

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Can a Divorce Court in Orange County Obtain a Girlfriend’s Financial Information?

The case of Babcock v Superior Court examines when financial records from a live-in girlfriend can be obtained to establish child support or spousal support. FACTUAL BACKGROUND LEADING TO THE REQUEST FOR DISCOVERY AND JOINDER IN THE DIVORCE PROCEEDINGS The … Continue reading

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Can a Parent who Commits Statutory Rape Still have Custody of his Minor Child in Orange County?

In Re Brandie decides whether an adult who conceives a child with a minor should be prohibited from visitation with his daughter, because he initially committed statutory rape when he had sexual intercourse with the mother when she was underage. … 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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If * Already Have a Child Support Order and Know my Ex Earns More Money, Can the Child Support Order be Increased?

Child support can be modified at any time as long as there is a change in circumstances. If one spouse loses his or her job, that spouse can request the court to modify child support upward or downward. If the … 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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How Much will a Divorce in Orange County cost?

It is difficult to determine how much an Orange County divorce will cost. The more issues there are and the more contentious the parties, the higher the attorney fees will be. The least expensive way to handle a divorce and … Continue reading

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