Law Offices of Andy Cook
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Tag Archives: San Diego divorce

No Vocational Exam Allowed

By Andy Cook |

In a published decision, the California Court of Appeal has reversed a trial judge for ordering a vocational exam when there was no motion or RFO for support pending. Apparently, the court found that there was a lack of “good cause” pursuant to the code provision that allows for vocational exams. The case is… Read More »

Fighting Wife Loses Request for Restraining Order

By Andy Cook |

“She started it”! That’s something we might hear one sibling say about another one, but it’s also the argument that appears to have worked for a man in a California divorce case. In the case of Marriage of Grissom, the wife (“Valerie”) filed for divorce in San Diego and at the same time requested… Read More »

Unmarried Dad Has to Pay Child Support Even Though Mother is Supported by Platonic Friend

By Andy Cook |

California determines child support by an algebraic formula that looks at essentially four things: the payor’s income; the custodial parent’s income; the number of children; and the amount of time each parent spends with a child. But what if the custodial parent, who is usually the parent who receives child support, is not working… Read More »

Does Spousal Support Recipient Have to Work?

By Andy Cook |

How long does spousal support (i.e., alimony) last? That’s a question I get a lot. And the answer is it could be a long time, especially if the marriage has been for over ten years. The law in other places may be different, but in California, a marriage that has lasted over ten years… Read More »

Court Considers Woman’s Naughty Behavior in Denying Spousal Support

By Andy Cook |

As California family law lawyers, we’re trained to tell our clients that California is a no-fault state. And that’s true. You can get a divorce for just about any reason, provided either you or your spouse has lived in California for at least six months and the county of filing for at least three… Read More »

Court Upholds Domestic Violence Case Even Though Parties Had Sex After Abuse

By Andy Cook |

I remember a case I had years ago where the alleged victim of domestic violence obtained a temporary restraining order but then engaged in consensual sex with the alleged perpetrator before the hearing where the judge would decide whether to make a temporary restraining order permanent. Based on the incidence of sex, the judge… Read More »

When Should a California Family Law Court Consider Earning Potential?

By Andy Cook |

When I started law school 26 years ago, I had no idea what the word “impute” means. Maybe that explains my SAT scores. Anyway, a law professor explained that the word means “to bring into the reckoning”. I am not sure if that’s the best way to describe the word, but in family law,… Read More »

Illegal Recording and California Family Law

By Andy Cook |

If you’ve ever thought about recording your spouse in a compromising situation, here is a case that should make you think twice. Although the case, In re M.H., decided last month, is a juvenile delinquency case–not a family law case — the situation is analogous to the family law matter where one spouse maybe… Read More »

What’s Left for Divorce After a Restraining Order?

By Andy Cook |

In the event of physical violence, harassment or threats, or emotional, psychological or financial abuse, a spouse can fairly easily obtain a temporary restraining order (TRO) against the other spouse. The TRO can order the abusive spouse to move out of the house and avoid all contact with the other spouse, the children or… Read More »

Law Offices of Andy Cook are located in San Diego, CA and serves clients in and around San Diego, Coronado, National City, Lemon Grove, Bonita, Imperial Beach, La Mesa, Alpine, El Cajon, La Jolla, Santee, Del Mar, Rancho Santa Fe, Lakeside, Solana Beach, Poway, Cardiff By The Sea, Escondido, Ramona and San Diego County.