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Articles Posted in Discovery

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Discovery in Family Law Cases

Once initial papers are filed to get the divorce process started (the petition and response) the next step is typically to gather all pertinent information regarding each spouse’s financial and personal information. Although both parties are required to prepare and serve declarations of disclosure, which outline each party’s income, expenses,…

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Permissive Dismissal for Failure to Prosecute

Anyone with access to cable television or the internet probably knows more about the Kardashian family than they know about their own family. The Kardashian clan has broadcast their ups, their downs, weddings, births, break ups and in Khloe Kardashian’s case, her divorce from former NBA star, Lamar Odom. More…

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Can illegally obtained computer evidence be used as evidence at hearing or trial?

Divorce is an emotional time whether or not the split is amicable. These emotions can cause people to make choices they would otherwise never make, such a looking through their former spouses computer or cell phone. Whether the clandestine act is out of sheer curiosity or for a specific purpose,…

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Upward Modification of Spousal Support Post-Judgment

Spousal support is a hot topic in divorce not only during the divorce process but also after the parties’ divorce judgment has been processed and finalized. We often meet with clients who are currently paying spousal support pursuant to court order and, based on a substantial change in circumstances, would…

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Keeping Inherited Money Separate

Most parents want to ensure their children have every advantage and opportunity they can afford to provide to ensure they are successful and happy. Many parents also want to leave a financial legacy for their children after they pass away in the form of trusts or inheritances. These gifts of…

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Complex Issues – Required Financial Disclosures in Divorce

We often blog about the statutory requirement in all California divorces for divorcing parties to exchange complete financial disclosures. The required disclosure documents consist substantially of an Income and Expense Declaration and a Schedule of Assets and Debts. Through the completion of these documents, the parties are obligated to provide…

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Date of Business Valuation – Exceptions for Bad Actors

In general, family courts disfavor “bad actors” or spouses who take deliberate steps to disadvantage the other party in anticipation of or during a divorce proceeding. Spouses owe each other the highest duties of good faith and fair dealing – even throughout the divorce process. Specific family law codes were…

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Allen Iverson’s Divorce Finalized

Former Philadelphia 76er Allen Iverson’s divorce has been finalized. The resolution came after the second divorce filing by Iverson’s wife, the first having been filed 15 months prior and then withdrawn according to TMZ. Standing a mere 6 feet (relatively speaking, of course) Iverson was the number one draft pick…

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