California Divorce Weblog
California Divorce is your source for news and information about divorce, particularly California divorce. California Divorce is published by John E. Harding, JD, CFLS, a California lawyer certified by the California State Bar Board of Legal Specialization as a Certified Family Law Specialist. He has expertise in California family law litigation and divorce mediation. He is the principal of Harding & Associates, a California law firm with offices in Pleasanton and San Francisco. The information on California Divorce is not legal advice, nor is this blog intended to create an attorney-client relationship. Legal questions should be directed to a lawyer of your own choosing.

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Sunday, October 24, 2004
 

Dan Walters: Late-blooming custody bill puts Legislature into marital wars. Last week, Eisendrath was buttonholing legislators in the Capitol, trying to block a late-blooming bill that would overturn the Supreme Court's ruling. "I can't believe they're going to do this," Eisendrath said between calls on members of the Assembly Judiciary Committee, which is scheduled to take up the bill next week. Last Monday, Senate President Pro Tem John Burton took one of his moribund measures, SB 730, stripped its contents, which had related to wages on public-works projects, and inserted a new measure that would, if enacted, negate the Supreme Court's ruling. [California Divorce News]
10:21:37 AM    

Benjamin Disraeli. "What we anticipate seldom occurs; what we least expected generally happens." [Quotes of the Day]
10:21:15 AM    

Saturday, August 21, 2004
 

Dan Walters: Late-blooming custody bill puts Legislature into marital wars. Last week, Eisendrath was buttonholing legislators in the Capitol, trying to block a late-blooming bill that would overturn the Supreme Court's ruling. "I can't believe they're going to do this," Eisendrath said between calls on members of the Assembly Judiciary Committee, which is scheduled to take up the bill next week. Last Monday, Senate President Pro Tem John Burton took one of his moribund measures, SB 730, stripped its contents, which had related to wages on public-works projects, and inserted a new measure that would, if enacted, negate the Supreme Court's ruling. [California Divorce News]
9:05:07 AM    

Friday, August 13, 2004
 

Calif. Court Annuls San Francisco Gay Marriages
7:55:59 AM    

Friday, July 16, 2004
 

Albert Einstein. "You cannot simultaneously prevent and prepare for war." [Quotes of the Day]
7:55:09 AM    

Sunday, July 11, 2004
 

Family finances: Is it financially wise to be married?. There sure are a lot of people clamoring to get married lately! We're both happy we're married, and married couples, studies have shown, generally are in better health than unmarried couples. But is marriage truly beneficial financially? Frederick Hertz, Oakland, Calif., attorney and co-author of two Nolo books, "The Legal Guide for Lesbian and Gay Couples" and "Living Together: A Legal Guide for Unmarried Couples," says too many couples overlook a chief consequence of marriage. "Marriage is about taking money from the high earner and giving it to the low earner -- both during marriage and upon dissolution," Hertz said. [Divorce News]
9:31:25 AM    

Sunday, July 04, 2004
 

Fathers should be allowed in their own children's lives. Thank you for printing such an important article ["After the divorce, the pain for noncustodial dads goes on and on," June 20] on Father's Day. The commentary stated that 5 million American children have their access to the noncustodial parent interfered with or blocked by the custodial parent each year. Is that looking out for the best interest of the children, or is it looking out for the best interest of having "control"? Fathers go to court, many times spending thousands of dollars just wanting the courts to listen. They want to see their children; they want the custodial parent to stop interfering with visitation. [Divorce News]
9:15:09 AM    

NBC 4 - News - LA Man Pays Largest Ever Child Support Debt. LOS ANGELES -- A Los Angeles man paid $300,000 to settle a child support lien against him, marking the largest collection in a single case, the Los Angeles County Child Support Services Department announced Thursday. CSSD teamed with child support officials in Wisconsin -- where the now 15-year-old child and custodial parent live -- to collect the payment from the man, who was not identified. "We are extremely pleased with this record collection, especially since the case reflects what we do for thousands of families and children daily on a smaller scale," said CSSD Director Philip Browning. [Divorce News]
9:14:18 AM    

Wednesday, June 23, 2004
 

Romney calls for marriage amendment. WASHINGTON - Massachusetts Gov. Mitt Romney told the U.S. Senate on Tuesday that a constitutional amendment is now the only sure way to stop legalized same-sex marriage allowed in his state from spreading nationwide. Massachusetts Gov. Mitt Romney testifies on Capitol Hill about need for a constitutional amendment. Dennis Cook, Associated Press "Massachusetts has redefined marriage for the whole country," he told the Senate Judiciary Committee. [Divorce News]
6:58:26 AM    

Wednesday, June 16, 2004
 

Robert Orben. "Sometimes I get the feeling the whole world is against me, but deep down I know that's not true. Some smaller countries are neutral." [Quotes of the Day]
6:49:42 AM    

Friday, June 11, 2004
 

P. J. O'Rourke. "Humans are the only animals that have children on purpose with the exception of guppies, who like to eat theirs." [Quotes of the Day]
6:45:46 AM    

Sunday, June 06, 2004
 

Certified Family Law Specialists.  Certified family law specialists have recognized expertise in all areas of California family law including divorce, annulment, property division, child custody and visitation, child support, spousal support, domestic violence, tax consequences of divorce, settlement negotiations, and trial of disputes.  Of the nearly 200,000 lawyers in California, approximately 1,100 have been certified as family law specialists.  That 00.55 percent are distinguished by substantial experience, successful completion of a demanding specialist’s examination, focused continuing legal education, and peer recognition.


12:57:00 PM    

Sunday, May 30, 2004
 

Realty Times - Real Estate News and Advice. Question: My husband and I are getting a divorce. Our children are still under age 18, and he has agreed to let me buy out his share of the house on the condition that he can be released from our original mortgage loan. There are about 12 years left on our mortgage, which carries an interest rate of 7.5 percent. I talked to the mortgage company and although they will not object if the title is transferred exclusively to my name, they have made it clear that they will not permit my husband to be relieved from responsibility as a co-signer on the mortgage note. What do you recommend? [Divorce News]
9:18:31 AM    

Chantal Saperstein. "All marriages are mixed marriages." [Quotes of the Day]
9:15:24 AM    

Gay Marriage Means Gay Divorce, and That's a Good Thing. SAN FRANCISCO - It may not be on their minds as they walk down the aisle in Massachusetts, but along with gifts and toasts, many gay couples are finally getting one of the biggest benefits of matrimony: the ability to obtain a clean divorce. San Francisco attorneys Julian Chang and Wade Estey avoided acrimony when they split up after more than 14 years together. The men earned equal incomes and had drawn up elaborate agreements governing everything from home ownership and hospital-visitation rights to frequent-flier miles and funeral arrangements. They handled their dissolution themselves, splitting everything down the middle. [Divorce News]
9:13:30 AM    

Saturday, May 22, 2004
 

For gay couples, divorce is sought-after perk of marriage. One of the messiest breakups family law lawyer Cheryl Sena has witnessed had all the hallmarks of a bitter, "who-gets-what" divorce - charges of infidelity, competing restraining orders and drawn-out conflict over a multimillion dollar home. What made the case especially difficult, even as ugly splits go, was that the feuding partners were men. As an unmarried couple, community property laws didn't apply to them - so every last bit of jewelry was up for grabs. "In family law and divorce, there are rules for everything. You may not like the rules, but you can plan," said Sena, who represents both gay and straight clients in San Francisco. [Divorce News]
9:40:33 AM    

Family Court Basics. How Much Child Support Will be Granted? Child support is calculated using many factors, but it is based mainly on income and the percentage of time the parents have custody of the children. Two computer programs have been developed which are used throughout the State of California which apply the rules and statutes pertaining to child support. In most cases, income of the parties is easily proven by paycheck stubs and income tax returns. In some cases, however, income is difficult to prove and hiring lawyers to investigate and to prove income may cost more than you ultimately gain in child support. [Divorce News]
9:40:11 AM    

F. M. Hubbard. "Honesty pays, but it doesn't seem to pay enough to suit some people." [Quotes of the Day]
9:39:43 AM    

Wednesday, May 19, 2004
 

Antoine de Saint-Exupery. "Grown-ups never understand anything for themselves, and it is tiresome for children to be always and forever explaining things to them." [Quotes of the Day]
6:38:20 AM    

Tuesday, May 11, 2004
 

Is There Really a Fatherhood Crisis?. During the past decade, family issues such as marriage and fatherhood have rocketed to the top of the domestic-policy agenda. The past two presidential administrations, along with numerous local governments, have responded to the continuing crisis of the family by devising measures to involve governmental machinery directly in the management of what had previously been considered private family life. The Bush administration has proposed $300 million annually to "promote responsible fatherhood" and for federal promotion of "healthy marriages. [Divorce News]
6:37:33 AM    

Monday, May 03, 2004
 

Steve Beard on Laws of Attraction on National Review Online. The clamor over marriage turned completely bizarre when news emerged from the Netherlands that Jennifer Hoes, a 30-year-old Dutch student, announced she would be promising to "love, respect, and honor" herself at a wedding designed to marry herself. "We live in a 'Me' society. Hence it is logical that one promises to be faithful to one's self," she said. All of that marital bliss is scheduled to be celebrated at a $22,000 post-modern wedding feast for family and friends. In the midst of all this unconventional nuptial chatter, Hollywood has come along and produced a romantic comedy that takes a surprisingly strong stance on marriage. [Divorce News]
6:40:29 AM    

Thursday, April 22, 2004
 

Dealing with Divorce. Divorce = The legal dissolution of a marriage Being a child of divorce, I have experienced the toss and turn of emotion. In this topic, we will be discussing the many different steps of a divorce proceeding, from averting it altogether to healing from it and moving on. Discussions will be held for those who wish to tell their stories, share their experiences, ask for advice, ask questions, and even just comment or vent. Please make sure that all posts here stay clean, and within the Terms of Use prescribed by Suite101. [Divorce News]
6:55:44 AM    

Wednesday, April 21, 2004
 

Supreme Court Ponders Validity of Gay Marriages Already Performed in California. The Sacramento Bee reports:The California Supreme Court on Wednesday expanded its focus on the gay marriage dispute, wondering how it should treat the 4,000 same-sex couples who were wed before last month's halt to the spree. The justices asked for... [The Southern California Law Blog]
6:04:06 AM    

Sunday, April 04, 2004
 

Californians deserve more info about legalities of marriage. Hoping the third time will be the charm, California Assemblywoman Hannah-Beth Jackson is forging ahead with a bill that would require any couple applying for a marriage license to receive a written list of the many legal rights and obligations that go hand in hand with matrimony. As a former attorney specializing in family law, Jackson, D-Santa Barbara, has an up-close-and-personal perspective on the need to get the message out about some of the more unromantic aspects of marital bliss _ community property rights, prenuptial agreements, child support obligations and domestic violence laws. [Divorce News]
10:16:18 AM    

Thursday, March 25, 2004
 

Marriage on the Mend. Cheryl, 47, and Walter, 53, married about 14 years ago and made their home in Prosser. It was a second marriage for both of them. Each had their own children. About 10 years ago, Walter had a brief affair. Divorce crossed their minds, but neither spoke to attorneys. Instead, they tried several forms of counseling. However, the conference and conversations with a Grandview pastor helped the most, they say. Through those, they learned to communicate, handle conflict and make home an exciting place. Looking back, they both agree the affair was a symptom of individual problems. [Divorce News]
6:55:31 AM    

Wednesday, March 24, 2004
 

Isaac Newton. "I keep the subject of my inquiry constantly before me, and wait till the first dawning opens gradually, by little and little, into a full and clear light." [Quotes of the Day]
6:36:22 AM    

Split Gay Couples Face Custody Hurdles. Same-sex couples are increasingly confronting what heterosexual parents have long dealt with: deciding who gets the children after a breakup. By Pam Belluck and Adam Liptak. [New York Times: NYT HomePage]
6:27:30 AM    

Friday, March 19, 2004
 

Sir Arthur Conan Doyle. "The case has, in some respects, been not entirely devoid of interest." [Quotes of the Day]
6:56:32 AM    

Monday, March 15, 2004
 

Eaten alive. I'm consumed with thoughts of my ex-husband roasting on a spit. How can I stop hating him? [Salon.com]
6:56:29 AM    

Friday, March 12, 2004
 

California Supreme Court Enjoins Gay Marriage. California Supreme Court has enjoined gay marriages in California. See How Appealing. Update: Here is reaction from around the blogosphere: John at Legal Reader says: "This surprised me at first, but now that I think about it, what the court... [The Southern California Law Blog]
6:33:27 AM    

Tuesday, March 09, 2004
 

The California Supreme Court's Recent Holding: A "Presumed" Father Has Greater Rights Than a Biological One.

 On March 1, in its fractured 4-3 decision in the case of In re Jesusa V., the California Supreme Court awarded greater rights to a child's "presumed" father than to her biological father. (A "presumed" father is one whom the court recognizes as having legal rights and obligations with respect to a child, although he may or may not be the genetic father.)

The majority's ruling sparked a 72-page dissent -- and the differences of opinion were striking. The decision raises important questions about the importance of biology to parenthood, ones that go well beyond this particular case.

Click here to read the entirety of Joanna Grossman's FindLaw article.


6:46:34 AM    

Thursday, March 04, 2004
 

Laurence J. Peter. "Speak when you are angry--and you will make the best speech you'll ever regret." [Quotes of the Day]
6:56:24 AM    

Saturday, February 28, 2004
 

Oliver Wendell Holmes Jr.. "Lawyers spend a great deal of their time shoveling smoke." [Quotes of the Day]
8:32:16 AM    

Wednesday, February 25, 2004
 

Grounds for Divorce - The No Fault System.  If we are to be technically precise, a California marriage dissolution or legal separation can only be realized on grounds of irreconcilable differences or incurable insanity. More simply, it's the 'we don't get along anymore' test.


6:37:24 PM    

Sunday, February 22, 2004
 

Will love survive? You just have to do the math. Those who've been looking for love in all the wrong places probably never checked their math books. But a well-balanced algebraic equation is where it's at for predicting a solid match, according to a Seattle psychologist and two mathematicians who presented their findings yesterday at the annual meeting of the American Association for the Advancement of Science in Seattle. After watching married couples disagree for 15 minutes, researchers say, they can predict with 90 percent accuracy whether the pairs will divorce or enjoy enduring, happy marriages. [Divorce News]
9:11:33 AM    

The Case for Same-Sex Marriage. The dilemna in the same-sex marriage debate, is one of conflict between church and state. It's a conflict most Americans aren't willing to face head-on, but this issue forces us to realize how much America relies on religious belief as a basis for civil law. Much of the debate over same-sex marriage centers around the question of whether or not the issue is one of same-sex couples receiving the full rights and benefits of citizenship, or is an affront to the "sanctity" of marriage. Activists for gay marriage argue that their relationships are not fully protected without legal recognition. [Divorce News]
9:10:53 AM    

SF Files Cross-Complaint Defending Gay Marriage License. FindLaw.com has posted San Francisco's cross-complaint defending the issuance of gay marriage licenses.... [The Southern California Law Blog]
9:08:51 AM    

In San Francisco, a judge has ruled that gay marriages may continue. [Scripting News]
9:08:05 AM    

Saturday, February 21, 2004
 

Loan applications as evidence of income for child support.  In a child support case the court found that the father had interfered with the trial court's duty to seek the truth.  Given father's obstrepurous conduct, the trial court determined his income to be $40,000 per month, and imposed a discovery issue sanction prohibiting the father from introducing any evidence to the contrary.  Father was then ordered to pay child support.  The $40,000 income finding was based on a real estate loan application that father had completed, and on which he listed his income as $40,000 per month.  The trial court's issue sanction was upheld. Read the entire opinion.


9:15:59 AM    

Wednesday, February 18, 2004
 

Three Bad Reasons--and One Very Good Reason--to Oppose a Constitutional Amendment Barring Same-Sex Marriage.  Like California, there is a storm brewing in Massachusetts over same sex marriage.  Columbia Law School Professor Michael C. Dorf offers his regarding a Consitutional Amendment barring same sex marriages.  Read his findlaw.com article by clicking here.
6:44:16 PM    


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