From The blog

“Secret Recordings in Family Law Cases” I can’t tell you how many times a current or potential client has told me “I have the recording to prove what I am telling you.” This always makes me ask, with trepidation, “Did your ex know that you were recording?” This matters, because in California (although NOT Federal law) BOTH parties must consent and/or be aware that the conversation is being taped...

“Can Online Reviews Be Defamation Or Slander?” These days, everyone looks at online reviews, and a lot of people write them. Some reviews are nice, and others are not. A bad review can do damage to a business, and things can get pretty heated when a bad review is left, even if it is warranted. So what is the law on this? Are online reviews privileged? How can you know if a review exposes the...

“Does My Ex-Spouse Have An Interest In The House I Bought Before Marriage?” This is actually a very common scenario. One party to a marriage owns a house before marriage, and at the time of the divorce, the spouse tries to claim an interest in the property. DO they actually have an interest? The answers is that in most situations, they do have an interest. However, it is not a 50-50 interest, as...

“Why You Don’t Want An Angry Lawyer” Lawyers have many different styles of practice and presentation in a courtroom. There are many different styles of negotiating as well. When you pick an attorney, you should choose one whose style suits your own and who you feel comfortable with. After all, you will be working with the attorney over a period of time to try to accomplish your goals, whatever...

“What Is Tracing In A Family Law Case?” Tracing is a technique used to prove that comingled separate and community money or value in property really belongs to one spouse. Comingling occurs when one party puts money that they either had before the marriage or inherited into joint form, such as a joint bank account, or a down payment on a house in both names. When this happens, the question...

“Can You Get Punitive Damages In A Divorce?” Punitive damages, which are money damages meant to punish a party for bad conduct, are not generally allowed in family law. This is despite the fact that often some of the very worst behavior I’ve ever witnessed has occurred in family law cases. The law simply does not provide for punitive damages in almost all cases. However, there is one exception....

“Fiduciary Duty During Marriage To Other Spouse” During a marriage, both parties have an equal right to control community property and incur debt. For instance, a credit card in one person’s name and for their use, which is then used for things for the family, is a community debt. The parties may agree to invest in a business, which goes bankrupt, and the transaction is not credited to either...

“Can A Minor Or Mental Incapacitated Person Represent Themselves in Family Law Cases?” Minors can represent themselves in family law court IF they are a party to a divorce or a paternity action. This is laid out in California Family Code Section 7635(b), although often minor’s prefer to have what is called a Guardian Ad Litem to appear for them in cases. A Guardian Ad Litem is a representative...

“Can My Family Law Judgment Be Set Aside for Fraud?” Normally, a judgment which is agreed to (stipulated) or issued by a judge cannot be overturned. Judgments are meant to be final, and if both parties participated in the process, either through an agreement or a trial, they will not be set aside and the case restarted or reconsidered without good cause. In essence, you can get relief within a...

“How Are Family Law Judges Chosen In California?” For most people, family law procedure can be confusing. Many times, litigants are unhappy with the judge, and I often get questions about how judges get selected for family law. In California state court, the judges are elected. This means they are on the ballot and any qualified attorney can challenge them for the seat. As a practical matter,...