Category Archives: Divorce

Oct 11

Rights & Benefits of Divorced Spouses in the Military

Divorce between civilians is already a complex process, but military divorce brings a host of other concerns into play. As a family…

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Oct 10

Telling Your Children about Your Divorce

No matter how many times you run it through your head, planning what you are going to say, what you visualize likely…

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Aug 10

Are You Self-Employed? Choose Your Divorce Lawyer Carefully.

"The child support attorney did what?" I could not believe what I had heard. He had to repeat it. "She said ‘I…

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Aug 05

Lawmakers Have Made a Major Divorce Update

In 2015, the California Supreme Court, in Davis v. Davis, ruled that for the purposes of defining separation (which triggers when a debt…

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Jul 06

Can I Opt Out Of California Property Division / Support Laws?

Questions regarding property division and support payments are often some of the most confusing issues faced in a divorce proceeding. California is a “community property” state—meaning…

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Jun 21

How Could Bankruptcy Affect My Divorce?

Nothing complicates a divorce or family law proceeding like a bankruptcy filing. The bankruptcy can be filed by the obligor or the obligee. Regardless of…

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Mar 23

Offset for Social Security Benefits

IT’S NOT FAIR! John and Annette get married on March 12, 1994. During their marriage, both worked as attorneys-John worked in private…

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Mar 22

There Was No Court Reporter?

No Court Reporter Means No Meaningful Appellate Review A recent decision from California Court of Appeal (6th District) stated the oft-repeated rule…

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Feb 11

Marriage Presumption

What is the Marriage Presumption? What most people think is routine or normal, is not necessarily normal in the family law court. Incredible fact…

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Feb 11

Social Security and Child Support

Not All Social Security Benefits Are the Same. Family Code section 4058 broadly defines income “from whatever source derived.” And in its…

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Jan 08

POP Declaration and Your Options

You have been sued for paternity and child support by your local child support agency (LCSA). You get served with the paperwork, you recognize the woman…

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Dec 10

Can a Couple Live in the Same House but be “Living Separate”?

The answer to that question up until July 19, 2015 of this year would have been maybe (or it depends on the…

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Nov 25

DCSS Has Attorneys…..Do You?

DCSS Has Attorneys Representing Them, So Should You! “It is quite simple….., you just input the numbers in a computer program and…

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Apr 15

I Want to Change Custody

Many times parents want to change primary custody of the children as opposed to modifying visitation. Statutory and case law makes changing custody much more difficult than…

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Mar 19

Attorney Jeremy Roark

The Edgar & Dow is proud and excited to announce that Attorney Jeremy Roark will take over the day to day operations of…

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Mar 01

What Is the UCCJEA?

The purpose of the UCCJEA is to allow states to determine which states has jurisdiction regarding custody and visitation and for the court to determine who…

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Jan 30

Can A Party Stop A Divorce?

If one party files for a dissolution of marriage, the other party can not stop it unless there is a mutual agreement for…

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Nov 13

How Do Courts Determine the Date of Separation?

The date of separation is a pivotal question that either the parties must agree to or have the court make a determination.…

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Nov 09

How Much Does Divorce Cost?

This is a commonly asked question in all consultations with the attorney – How much does divorce cost?. Unfortunately, this question can not be…

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May 03

Divorcing a Controlling or Emotionally Abusive Spouse

Many people find themselves divorcing a manipulative spouse, which can make the divorce or separation process more difficult. We can move your case forward and get…

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Mar 14

Residency Requirements For A California Divorce

California has a residency requirement that all persons considering a divorce must be made aware of. Either you or your spouse must have lived…

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Feb 08

Is Spousal Support Tax Deductible?

The answer is generally yes, spousal support is tax deductible to the payor spouse and is considered "income" for the payee spouse when it…

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