San Diego Family Law Blog

Can a California divorce be Stopped?

If one spouse files for divorce or legal separation in California, may the other spouse stop the process by arguing the filing party doesn’t know what he is doing? That was more or less the situation in a recent case decided by the California Court of Appeal entitled Marriage of Greenway.  In Greenway, the parties had…

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Why Does My Divorce Take So Long?

This is a question that many people ask.  There is no one specific answer — though the court funding crisis might be one reason and the number of disputes in a contentious case might be another.  But one of the biggest roadblocks to either a settlement or trial is the failure to expeditiously do a…

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Custody Matters for Military Members

This Memorial Day, we saluted those who made the ultimate sacrifice.  But we owe a great deal of gratitude to all those who serve, not just those who are gone.  Perhaps that is what the Legislature was thinking when it enacted Family Code section 3047.  Section 3047 says that if you are in the military…

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So What Does Constitute an Emergency

In my last blog, I mentioned the difficulty of getting ex parte or emergency orders in family court.  Today, I want to talk about what is an emergency, at least as far as child custody and visitation is concerned, and how ex parte relief may be obtained. The conversation might as well start and end…

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Don’t Cry over Your Ex Parte

It’s my ex parte (pronounced party) and I’ll cry if I want to. OK, I am probably not the first one who took the legal term and matched it with the words from Leslie Gore’s famous 1963 song.  But family law lawyers –and many people who have gone through the divorce process, especially if their cases…

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When is a Prenuptial Agreement a Good Idea?

A prenuptial or premarital agreement is a contract entered into by a couple who are contemplating marriage and want to establish at the outset how certain matters will be handled in the event that the couple later separates or divorces. A prenuptial agreement can also come into play if one of the spouses dies or…

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