An opportunity to discuss issues and problems of a legal case. It is usually the first appearance in court by the parties and their attorneys after a complaint and answer are filed.  See Divorce Process: Advance Case Review.… Read More

In the zealous advocacy model, lawyers are taught to argue for the best result they can get for a client, without regard to how it effects or damages others. The adversary system is revered as an “engine” for discovering the truth. In theory, if each adversarial attorney pushes as hard as he can for his client, the truth will rise from the fray and justice will result. This model may be necessary and effective in criminal law cases, for instance, but in family law cases, zealous advocacy can escalate hostilities and the family can be injured as a result… Read More

A legal doctrine that provides for reimbursement to the community for exclusive use of community property (often the family home) by one spouse. Also called Epstein Credits.… Read More

The non-custodial parent’s right to spend time with his or her “legal” child or children.… Read More

The proper or most convenient location for trial of a case. The venue in civil cases including divorce is usually the district or county which is the residence of a principal defendant. The parties may agree to a different venue for convenience (such as where most witnesses are located).

Venue should not be confused with “jurisdiction,” which establishes the right to bring a lawsuit (often anywhere within a state) whether or not it is the place that is the most convenient or appropriate location.… Read More

A method of valuing a separate property or business established by a spouse prior to marriage which attributes all or most of the appreciation in the value of the business first to separate property, rather than community property; when the business is more of an investment, and the spouse/owner of the business spends little time in the business operation. (Van Camp v. Van Camp (1921) 53 Cal.App. 17).… Read More

An uncontested divorce is one in which all issues have been agreed upon by the parties. The parties reduce their agreement to writing and it is presented to a Judge at the final hearing. An uncontested divorce can be achieved by the parties working on their own or through mediators and collaborative lawyers as well as lawyers working in the traditional context. Often, cases which are contested on one or more issues end up being uncontested when the parties settle after a period of adversarial litigation. In fact, the vast majority of divorce cases are settled by agreement. But what occurs in the course of litigation prior to the settlement can be damaging to the family relationships and resources.… Read More

See Divorce Temporary Hearing.… Read More

A form issued by the court requiring someone to appear in court and/or bring documents.… Read More

Also called “alimony” and “spousal maintenance,” this term refers to money paid to one spouse by another to help the lesser-earning spouse maintain a certain standard of living. Spousal support is most common in situations where one spouse makes considerably more than the other.… Read More