Nor Cal: 530.359.8810

Tuesday, February 5, 2019

Difficult Family Law Issues--Contested Motions and Hearings

Litigants in family law for California represent at least 70% or more of the caseload in
Family law hearings. Judges routinely become weary of handling these cases, as many
litigants are not able to clearly state or argue their cases. In particular, community asset
cases may detrimentally suffer.  We have seen one case north of Sacramento, end up in
a disaster where the wife had a $100,000 down payment (cash) on a house she paid about
$240,000 for.....this was a separate property.

Wife made payments even while married so she started out with a high equity. At time of
divorce her equity was zero and the house had a value of possibly $165k. The judge (who
was a commissioner GAVE THE HOUSE AWAY TO THE HUSBAND and forced the wife
to sign over the title???  Not only is this improper, what should have been done was to
allow the wife to seek (a) time to (b) obtain special financing or (c) to modify the loan or
to (d) borrow or restructure or (e) take possession of house and rent out all the rooms.

In NO CASE should the HUSBAND have been granted the house outright. A challenge
post judgment was made and Judge denied it, claiming that Wife was saying that Judge
was "wrong" (which he was) and Judge claimed he could do this because he could "equalize"
the financial situation as he saw fit. Although judges have discretion on this, they do NOT
have discretion to simply give away a property at that time without offering a potential
solution first. All family law specialists know this, and that would not have happened if
the client had been represented.

A claim for separate property reimbursement which normally would come off the top
of any property that it can be traced to (community usually) is the first step--but the property
usually must have equity. However since real estate equity will obviously vary and change
by the seasons, normally we do not just GIVE IT AWAY to the other party.

If you ever see this situation, make sure either you or whoever has the predicament does NOT
allow any commissioner or Judge to just give away that property to the other person.

Sunday, May 1, 2016

Divorces and Facebook.........Is There a Link???

We are not fans of Facebook.  However, the majority of people these days apparently are, and many people simply love to tell everyone everything.  Especially online.  When there is no privacy left, then what do you have?  People have the ability now to learn nearly anything that you may have put online--- for example, your excess drinking, your bad night out with the boys or girls, your arrest because you were drinking, you told everyone the wife called CPS on you, and there is no end to the things people want to blab about?

Facebook is a haven for people who can't shut up, therefore, if you need dirt on your partner because you are the custodial parent and want to remain the custodial parent, Facebook is the first place to look.  There are also legal cases which seem to state that even attorneys cannot "friend" people just to get data, the attorney is possibly required to disclose his/her actual status (of being attorney related to case, if applicable?)  Also the use of one's Facebook account is causing issues in the courtroom,

.....[T]he ABA Standing Committee on Ethics and Professional Responsibility offered its advice in Formal Opinion 466 (PDF), issued April 24. Formal opinions are based on the ABA Model Rules of Professional Conduct, which provide the substantive basis for binding rules governing lawyers in every state and the District of Columbia, although the rules in California follow a different format.

The gist of Formal Opinion 466 is that, within the context of Model Rule 3.5, a lawyer
 may review a juror’s or potential juror’s various postings on websites and social media. But the lawyer should not send jurors or prospective jurors a request for access, either directly or indirectly, to their social media accounts because doing so would amount to a violation of the prohi-bition in Model Rule 3.5(b) against ex parte communications with jurors that are not authorized by law or court order.
In a footnote, the ethics committee states that it “does not take a position on whether the standard of care for competent lawyer performance requires using Internet research to locate information about jurors that is relevant to the jury selection process. We are also mindful of the recent addition of Comment [8] to Model Rule 1.1. This comment explains that a lawyer ‘should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology.’ “

Facebook, Divorce Linked In New Study - Huffington Post


The Huffington Post
Jun 6, 2013 - The study, which will be published in a forthcoming issue of the Journal of Cyberpsychology, Behavior and Social Networking, found that ...

Facebook has Become a Leading Cause in Divorce Cases ...


A recent study has found a correlation between relationship health and Facebook use that may cause more people to want to switch off the computer and ...

The Real Reason Facebook Causes One-Third Of Divorces ...


Nov 13, 2014 - 33% of divorced couples cite Facebook as a reason for their split. .... drakerecospellcaster@gmail.com and explain my problems to him, he cast ...

The marriage killer: One in five American divorces now involve


Daily Mail
Dec 1, 2010 - A staggering 80 per cent of divorce lawyers have also reported a ... Theproblem is not Facebook, it is the loss of love in your marriage,' he said.

How Facebook can ruin your relationship: 'Site induced ...


Daily Mail
Jun 7, 2013 - ... that Facebook use increases risk of cheating, break-up and divorce. ... younger the relationship, the greater the risk of Facebook problems.

Facebook a top cause of relationship trouble, say US lawyers

www.theguardian.com › Technology › Facebook

The Guardian
Mar 8, 2011 - Social networking site becoming primary source of evidence in divorceproceedings and custody battles, lawyers say.

Study: Facebook affects divorce rates, marital satisfaction ...

wtop.com › News

Jul 14, 2014 - “We don't know whether Facebook is causing divorce or divorce is ... the conclusion of a link between social networks and marital problems.

What is Facebook Doing to Your Relationship Status? - ABC ...


May 24, 2012 - It turns out the kiss of death for marriages might be more like a poke. A third of all divorce filings in 2011 contained the word "Facebook," and ...

Does Facebook break up marriages? - MarketWatch

www.marketwatch.com › Personal Finance

Jul 13, 2014 - “We don't know whether Facebook is causing divorce or divorce is causing ... a connection between social networking and marital problems.

Tuesday, April 26, 2016

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