Divorce

The California Courts of Appeal have issued five to six opinions in 2014 on domestic violence issues! A few years ago, I drafted a brief on a domestic violence issue that resulted in a published case entitled Loeffler v. Medina. At that time, I could find only one or two published cases on domestic violence. Obviously, the Courts are taking this issue very, very seriously.

In Nevarez v. Tonna, the Court of Appeal held last week that a trial court is not required to find a probability of future abuse before issuing an domestic violence restraining order.

Couples who are divorcing but staying in the same house need to be very careful. Many couples have no choice financially except to remain in the same house until it sells. I have had a couple cases where there was no domestic violence during the marriage but the police were called and parties were arrested after the parties lived in the same house after separation. The consequences of having a domestic violence incident on one's record are serious and severe.

Yesterday, I received the following handwritten letter:

"Dennis,

     I feel fortunate to have found you to handle my legal needs.  Your expertise and understanding the emotions that make it difficult to not only move through the court process, but also daily life, is truly appreciated.  Thank you again."

I thank the client for the kind words. 

     June 30, 2014, is the deadline to file and SERVE a Petition for Dissolution if you want to obtain a divorce in 2014.  The reason is that the Petitioner must wait six months after service of the Petition before obtaining a Judgment stating that the parties are no longer married and are returned to the status of single persons.  This means that if you file and serve the papers by June 30, the marital status can end on December 30 or 31.  If you serve the papers on July 1, the marital status does not end until January 1 or later. The marital status is important for many reasons, including the ability to file a joint return and to maintain the spouse on a health insurance plan.

I would like to welcome you to my website.  I have been an attorney since 1985, a California attorney since 1987, and a Certified Family Law Specialist since 1998.  The purpose of my messages is to let you know of developments or changes in Family Law in the State of California or the County of San Diego, in both substantive and procedural law.  I will tell you about some significant new cases, statutes, and rules.  I will also discuss in general terms only certain issues that arise in my practice or that I learn about from the Family Law List-Serve that is circulated only among family law attorneys and their staff.  If you have any questions about the blog, please email me at Dennis@DennisSeymourLaw.com.  Thank you.