Is it Illegal to Have a Gun While Subject to a California Domestic Violence Restraining Order? California law provides that a person subject to a California domestic violence restraining order “shall not own, possess, purchase, or receive a firearm or ammunition” while the restraining order is in effect. If a person violates this law, known…
The use of retired judges to resolve family law cases in California has become quite common over the years. The way it works is that in exchange for an hourly rate paid for by the parties, the retired judge serves as a “privately compensated temporary judge.” However, in a published decision by the California Court…
Divorce Attorney honored again. San Diego family law attorney Andy Cook is pleased to announce that he has made the list of top family law lawyers in the 2023 San Diego Super Lawyers Magazine. This is the fourth consecutive year the Divorce Attorney honored, Divorce Lawer Andy Cook, has been honored in this way. Two weeks…
Top family lawyer award by the L.A. Daily Journal goes to a San Diego Lawyer for the second year in a row. San Diego Divorce Lawyer Andy Cook is a back-to-back winner of the Los Angeles Daily Journal award. This is the second straight year that the Daily Journal has published such a list and…
The “Immaculate Extension”, I am still in a football frame of mind. After all, it was last month that the Super Bowl was played. So pardon me for using a pigskin metaphor, but the first thing I thought of when I recently learned that the Internal Revenue Service had extended the deadline for tax filing…
In California, Family Code section 6305 prevents a court from granting dueling restraining orders unless the court takes extra steps. Specifically, “the court shall not issue a mutual order enjoining the parties from specific acts of abuse” without “making detailed findings of fact indicating that both parties acted as the primary aggressor and that neither…
California Court Says Prenuptial Limitation on Spousal Support Unenforceable Will a California prenuptial agreement be enforced at the time of divorce even if the judge thinks it was unfair? The answer is unclear because a lot of things are unfair. But if the prenuptial agreement (also known as a premarital agreement) is downright “unconscionable” at…
The Dos and Don’ts of California Spousal Support Orders Must a California divorce judge make express findings on each of the factors to be considered in ordering spousal support (the “4320 factors”)? Not necessarily as we learned in a recent California Court of Appeal case. The case, In re Marriage of Tal Kahan and Scott…
The Consequences of Domestic Violence in California Divorce Cases What does domestic violence have to do with child custody? At least in California, the answer is “a lot”. We learned this once again recently when the California Court of Appeal, in a case called Noble v. Superior Court, granted emergency relief in a divorce case…
How to Calculate income in California Divorce Cases How do you figure out what someone earns? In California family law cases, this is information that is absolutely necessary to calculate guideline child support and guideline spousal support. In most cases, it is sufficient to just look at the person’s pay the past 12 months, but…
