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Tips For Family Court Services Mediation
Family Court Services (FCS) lasts about an hour or two. You will have about 30 minutes or so to give information about your children and your situation to the mediator. The best way to prepare is to have a custody and visitation plan.
Venue and Jurisdiction – Where Should I file for Divorce or Paternity.
Under California Family Code § 2320, a judgment for dissolution of marriage can be entered only if one of the parties to the marriage has been a resident of California for at least six months, and of the county in which the divorce is filed for the three months preceding the filing of the petition.
Fur Babies and Divorce
Pets have traditionally been recognized as property in a divorce and like all other personal and financial assets awarded to one spouse or the other as their property in a divorce. Previously, California law generally required that courts divide all “community property” – property acquired during the marriage, including companion animals – equally between the disputing parties.
Is Military Income Taxable and What Military Income and is Available for Child and Spousal Support?
Generally, military pay which is: basic pay, special and incentive pay, and bonuses are taxable. However, certain forms of military compensation are tax exempt.
Friends with Benefits and Domestic Violence. - Can I File a Domestic Violence Case Against My “Friend with Benefits” or “Situationship”?
The Domestic Violence Prevention Act of California (DVPA) allows people in dating relationships to seek restraining order to protect against violence to people in abusive, dating relationships.
California Guideline Child Support Changes Are Now in Effect
Effective September 2024, the California Legislature changed the Guideline Child Support Calculation. The changes include how child support add-ons are allocated between the parties and expands sources of income used to calculate child support.
We are pleased to announce the addition of Elena Smolina to our firm as associate attorney.
With her extensive experience in family law and civil cases, Elena Smolina will be a valuable asset to our clients and a key contributor to our continued growth and success.
How Can I Buyout a Community Property House in my Divorce?
The chances of a real property buyout in divorce cases has become less possible now than it has since the market crash of 2008, thanks to interest rate hikes coupled with high home values.
Modifying Child Custody Orders in California: When and How to Seek Changes
At Livingstone Law, APC, our top priority is to ensure the well-being and happiness of the families we represent. Child custody cases can be emotionally challenging for everyone involved, and…
Service Members Relief Act
The purpose of the Service member Civil Relief Act of 2003 (SCRA) is to prevent an unfair advantage over military litigants who would be caught blindsided if they were unaware of litigation or unable to retain counsel.
Can I have joint custody of my child if there is a domestic violence restraining order against me?
Fam Code § 3044 – Rebutting the presumption that the award of sole or joint physical or legal custody of a child to a person is detrimental to the best interest of the child
Is discovery allowed in domestic violence restraining orders or is discovery domestic violence?
Update on Discovery and Domestic Violence - How does evidence come in at Domestic Violence Restraining Order Hearings? Domestic violence is an urgent public safety and public health crisis. More than one in three California women and…
Community Property vs Separate Property
How Does the Family Court Characterize Assets? The Family Court is tasked with characterizing and dividing assets pursuant to the marriage time rule. The date of marriage to the date of separation establishes the “community”…
What is income available for child support?
Pursuant to California Family Code §4058, Income available for support includes all income, commissions, salaries, royalties, wages, bonuses, rents, dividends, pensions, interest, trust income, annuities, workers' compensation benefits…
What is a vexatious litigant?
Under Code of Civil Procedure section 391(b) a vexatious litigant is a person who does any of the following: 1. In the immediately preceding seven-year period has commenced, prosecuted, or maintained at least five litigations other….