Articles/Blawg

I’ve presented these articles which I have written because I feel they offer good information for my clients. Reading them at your leisure will help you better understand your situation. If you have any questions regarding what you’ve read here, especially how it may relate to your own family law issue, please feel free to contact my office. We will be happy to arrange a consultation to discuss all your questions.

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Protect Yourself from Big Brother: Technology & Family Law Litigation

Divorce and child custody cases are often down-right nasty.   One or both individuals to the litigation are often desperate to destroy the other, whether it be emotionally or financially, or to cause damage to the other person’s reputation, going to extreme measures to do so. While on their quest of destruction, often, an individual is unaware that their tactics are illegal, but once the acts are committed, the damage to the other person may be irreparable.  It’s like any other crime: the behavior is illegal, for example murder, but once the murder is committed, no amount of court reprieve will revive the victim.

In family law, the crimes are often less obvious and occur in connection with technology.  The person engaging in the illegal activity may not realize he or she is actually committing a crime; and often, the victim does not know they are a victim, until the damage is done.

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Sense and Cents of Divorce

Few words in the English language can make people as uncomfortable as the term “divorce”. This is in part due to the fact that divorce marks the end of a relationship, and with that, significant emotional and familial ties; further, divorce also signifies a major financial shift.

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Does a Family Law Matter Need to Age Like a Good Wine?

Wine is aged to potentially improve its quality and to become more palatable to the taster.  The length of time necessary to age a wine is influenced by many factors including grape variety, vintage, viticulture practices, wine region and winemaking style.  However, age the wine too much, and the wine may turn to vinegar. Similar concepts apply to a family law matter.

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Going for Gold in Family Law

It’s the Winter Olympics, and everyone is abuzz about the winners and the losers, and the lucky few that get to take home gold, silver or bronze.  In the world of sports, there is a definitive winner and loser, whether as a result of the fastest time to cross the finish line or the judge’s scoring of an event.  However, when it comes to family law, in the case of a divorce or a custody determination between unmarried people, there is rarely a clear winner or a clear loser in litigation; rather, the results usually lend themselves to a lose-lose situation because the issues are so interrelated and complex. Thus, in family law, rather than looking for a “win” – or the gold medal – the question should really be reframed from “How can I win?” to “How do I achieve the best result knowing the unintended consequences which may result?”

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2014 New Family Laws

Some years, family law is chock full of new laws both from the courts and from the legislature. But, not this year; 2013 was more of a blip than a bang for family law. Here are some of the highlights of the more interesting developments in family law:

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Captain and Tennille Seek A Grey Divorce….Is Love Keeping Them Together?

Daryl Dragon (known as “Captain”) and Cathryn Antoinette “Toni” Tennille (known as “Tennille”), one of the most successful pop music duos of the 1970s, who recorded Grammy-winning songs about their love together, recently announced that they are divorcing after 39 years of marriage.  Their divorce was filed in Arizona which, like California, is a community property state; as well as a no-fault state, thereby only requiring irreconcilable differences for a court to grant a divorce. On the surface, it appears that love, in fact, did not keep them together…or did it?

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Should (Can) My Mentally Incapacitated Parent Divorce?

Imagine your father remarries after the death of your mother.  Your father is now 85 years old has been married for 5 years, to his new wife, who is 75 years old.  Your father suffers from dementia which is rapidly progressing.  His wife is healthy yet cannot (or does not want to) care for your father as his illness progresses.  Whether for financial reasons or otherwise, your father’s wife wants a divorce.

Now, consider these same facts, but the wife does not want a divorce because she is prepared to move your father to a less than desirable elder care facility while she enjoys the use and benefit of your father’s assets.  Your father is too incapacitated to understand what is transpiring, but you and your siblings want your father to divorce his wife to stop her from living off of your father’s wealth earned before he married her, so his assets are available for his own medical and living expenses. What are your options?

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Divorce and Retirement: Social Security Administration vs. California Family Law

According to the Social Security Administration’s website, the 1983 Social Security Amendments included a provision for raising the full retirement age beginning with people born in 1938 or later. The Congress cited improvements in the health of older people and increases in average life expectancy as primary reasons for increasing the normal retirement age.   Full retirement age (also called “normal retirement age”) had been 65 for many years. However, beginning with people born in 1938 or later, that age gradually increases until it reaches 67 for people born after 1959.  This largely targets Baby Boomers – our largest generation, which is also the largest growing demographic group for so-called “Grey Divorce” after age 50.

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I Resolve to Divorce in 2014

Every New Year, many people make resolutions so they can have a fresh start.  For some, this includes filing for divorce.  Resolving to divorce is a significant decision which involves lots of planning and thought.  The emotional decision may be made; now it is time to plan and take action to help smooth out the bumpy road ahead.

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Revenge Porn: A Crime, Harassment, or both?

“Revenge Porn.”  It sounds like a bad movie but instead it is in fact some people’s worst nightmare and the law is working to catch up with technology used to damage others.  This is a new law on the books in California intended to punish those that take intimate photos or recordings of another person and then distributes the intimate picture or recording, most often seen done via the Internet.

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