H. William Edgar
LATEST ARTICLES BY: H. William Edgar
Parental Alienation in California: What It Is & How to Prove It
No parent wants to see their relationship with their children suddenly begin to dissolve—especially if it’s for no apparent reason. It may…
What Is The Average Length for a California Divorce?
How long will my divorce take? This is one of the most pressing questions for any person contemplating or currently going through a divorce.…
Court Reverses Reimbursements Based on Separate Property Expenses
In this case, the Third District partially reversed a Sacramento County family court’s judgment. In this marital dissolution proceeding, Martha J. Nevai…
Court Rules that Rejected Deed Made the Marital Home a Community Asset
In this case, the Fourth District affirmed a San Diego County family court’s determination that a wife had “rejected” an interspousal transfer…
Court Reconsiders Mother’s Argument for Beneficial Parental Relationship
In this case, the Sixth District reversed and remanded a Monterey County juvenile court’s order after a 366.26 hearing “with directions that…
Court Finds Forced Sale of House Unenforceable
In this quiet title action, the Second District affirmed a Los Angeles County trial court that held that a trust deed a…
Is Alimony for Life? California’s Fabled “10-Year Rule”
When it comes to divorce and alimony requirements, it’s often difficult to tell fact from fiction. You’ll receive information and guidance from friends, family, and co-workers—even…
Divorce During COVID: Are More Marriages Really Ending?
Divorce is on the rise. Marriages are crumbling. These are the messages some media reports delivered in the early months of the COVID-19…
Divorced Parents Find It Difficult to Resolve Problems in Isolation
For months of the pandemic, courts were closed, which left co-parents with difficult choices: would they have to mediate and resolve problems…
Amendment to Family Law Code Targets “Coercive Control”
On September 29, SB 1141 was chaptered. It does the following: 1) Provides that disturbing the peace of the other party includes…
Court Rules Husband Must Pay $60,000 in Child Support Arrears
This case involved the enforcement of a 2005 registration of a 2001 Minnesota court order for child support arrears. The Sixth District…
Court Rules Conservatorship for Person with Autism Was Appropriate
In this case, decided on remand from the California Supreme Court’s recent decision in Conservatorship of O.B. (2020) 9 Cal.5th 989, the…
Mother Wins Custody on Appeal Due to Lower Court’s Mistake
In this case, the Second District reversed a Los Angeles County juvenile court’s summary denial of M’s petition under W&I Code §§388…
How Long Does a Contested Divorce Take in California?
When a divorce is uncontested, it means that both parties agree to their separation and they can work together enough to get…
Plaintiffs Win Default Judgement on Appeal Against “Off-Grid” Defendants
In this civil case, the Fourth District reversed an Orange Country trial court who granted the defendants’ motion to vacate a default…
Court Reverses Child Support Order that Penalized Mother for Interference
In this case, the Fourth District partially reversed a San Diego County Commissioner’s child support order that attributed a nonexistent timeshare percentage…
Father’s Decision-Making Power Over Daughter’s Healthcare Reinstated
In this case, the Second District affirmed a Los Angeles County juvenile court judge’s order terminating jurisdiction over the child, but vacated…
Five Types of Spousal Support in California
Just like other states, California has a system of spousal support that divorcing couples must consider. Also known as alimony, spousal support is a…
Court Dismisses Case At Defendant’s Request Due to Lack of Evidence
In this case, the Fourth District affirmed a Riverside County trial court’s grant of nonsuit. “About two months before trial was scheduled…
Attorney Disqualified for Relation to Both Appellants
In this case, the Second District affirmed a Los Angeles County trial court’s order granting D’s motion to disqualify P’s attorney—who was…
Father’s Parental Rights Restored After Loss Due to “Poverty”
In this case, the Fourth District reversed a Riverside County juvenile court judge’s order terminating a father’s parental rights. “This appeal poses…
Widow Sues Late Husband’s Children Over Inheritance
In this case, “Frank Gomez and plaintiff Louise Gomez rekindled their love late in life, over 60 years after Frank broke off…
Court Grants Petition Compelling Court to Grant Hearing Within 15 Days
In this case, the Second District granted a petition for a writ of mandate compelling the juvenile court to hold a section…
How COVID-19 Affected a Restraining Order Appeal
In this case, the First District dismissed an appeal from two orders resulting from competing requests for civil harassment restraining orders. “Due…
Court Finds that Husband Wrongly Withheld Proceeds of Home Sale
In this case, the Second District affirmed a Los Angeles County trial court’s judgment on property issues. First, the court affirmed the…
Grandmother Retains Custody Despite Out-of-State Father’s Request
In this case, filed on August 7 but certified for publication on August 28, the Second District affirmed a Los Angeles County…
CA Supreme Court Rules with Autistic Claimant Against Conservatorship
O.B. is an adult with autism spectrum disorder whose mother and older sister were appointed conservators of her estate in a limited…
Mother Granted Custody of Her Child After Year of Foster Care
In this case, the Fourth District affirmed an Orange County juvenile court’s order granting M’s section 388 petition returning three-year-old I.B. to…
Mother Wins Reunification After Reversal of Earlier Ruling
In this case, filed on May 29 but certified for publication on June 17, the second Division reversed a Los Angeles County…
Does Bitcoin Need to Be Disclosed in a Divorce?
In this case, filed on August 10 but certified for publication August 27 at the request of ACFLS, the First District affirmed a…
Can You Request New Alimony Payments in California?
During a divorce in California, alimony—also known as spousal support—is decided using the quality of living each person enjoyed during the marriage. If one…
Court Reverses Order Miscalculating Community Property Value
In this case, the Fourth District reversed and remanded a Riverside County trial judge’s determination that the community’s interest in Husband’s separate…
Second District Court Denies Father Custody on Appeal
In this case, the Second District Court affirmed a Los Angeles County juvenile court’s order removing two children from a father’s custody.…
Mother Challenges Juvenile Court Order Terminating Reunification
In this case, the Fourth District granted M’s petition for a writ challenging an Orange County juvenile court’s order terminating reunification services…
Can Juvenile Courts Rule on Family Law Cases?
In this case, the Fourth District affirmed a San Bernardino County juvenile court judge’s orders at a combined jurisdictional and disposition hearing.…
Case Review: Trial Court Rules in Favor of Wife in 3 Separate Appeals
In three consolidated cases, the Sixth District affirmed the trial court’s issuance of a DVRO in Wife’s favor, reversed an order rescinding…
Case Review: Woman Files Claim for Malicious Lawsuit Brought by Former In-Laws
This is a malicious prosecution action brought by Wife against Husband's parents and their company. During Husband and Wife's divorce, the parents…
How California Courts Decide a Parent Is Unfit
In California and across the country, family courts operate to protect the best interests of children in divorces, custody disputes, and other family law matters. Most of…
CA Supreme Court Rules on Community Property in Bankruptcy
In this case, a California Supreme Court majority held: When a married couple uses community funds to acquire property as joint tenants,…
Case Review: Self-Employment, Tax Deductions & Child Support Calculations
Cite: In re the Marriage of Jessica R. and Martin H. Hein (Cal.App., July 21, 2020, F076581) Full text here. Holding: In…
Case Review: What Happens to Marriage Property in Post-Divorce Bankruptcy?
In re Clifford Allen Brace, Jr. (Cal. Supreme Court, July 23, 2020, S252473) Full text here. Holding: In this case, a California…
California, COVID-19, & Divorce: What You Should Know
As California continues to battle COVID-19, life has been put on hold in many ways. If you were considering a divorce before the pandemic…
What Happens When an Abuser Files a Restraining Order?
Here is a recently published opinion arising from the Orange County Superior Court regarding restraining orders and an OSC re Contempt. This…
Can Grandparents Win Visitation Based on the Parent’s Custody?
In this partially-published opinion, in which Grandfather “was subject to a 2015 restraining order requiring him to have no contact with his…
About the Child Abuse Central Index
In many juvenile court matters, one of the tools that the CPS or DCFS will utilize is the Child Abuse Central Index.…
Debt in Divorce—What Happens to It?
You’re divorcing or considering divorce. You know that you’ll have to divide your property, but what about debt? How is your debt divided, and…
Domestic Partnerships Aren’t Just for Same-Sex Couples
Just last year, only same-sex couples could apply for domestic partnerships—unless they were over the age of 62. However, with the passage of State…
How Long Do You Have to Be Married to Get Half of Everything in California? 2025
You’ve probably heard mention time and time again of “getting half” of everything in a divorce. But is this really how things work…
Why More SoCal Millennials Are Choosing Prenups
Not too long ago, the thought of a prenuptial agreement was somewhat taboo, or reserved for the extremely wealthy. Today, we’re seeing them more…
At What Age Can a Child Decide Which Parent to Live With?
If you’re divorcing and you have children, then you’re facing a challenging situation: which parent will your child or children live with? This is…
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