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Deciding whether or not to mediate a divorce can be a pivotal decision. Mediation, if successful, can reduce costs and acrimony. It also may be somewhat of a healing process, enabling parties to better move on with their new, single lives. One major consideration in deciding on mediation is the mediation privilege, i.e, confidentiality. To...

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In California family law there are several important legal concepts. One of the most important is the “date of separation.” The date of separation is primarily relevant to (1) the fact that California is a community property state, and (2) California’s spousal support law. First, relating to property, California law holds that during the life...

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Although family law attorneys generally hear from people either before marriage (premarital agreements) or after separation (divorce), married people can benefit from consultation with family law attorneys even if they aren’t considering separation or divorce. One specific reason for married people to contact counsel is if they want to change the character of an asset...

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It is not unusual for grandparents to be involved in their grandchildren’s lives, or to even be care-takers. This is especially true given the high cost of childcare in California. Sometimes, however, these situations break down, especially in the context of a less than amicable divorce. What rights do grandparents have when that happens? Grandparents,...

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Since the adoption of the first state Constitution, California has utilized the community property system of Mexico and Spain. (Packard v. Arellanes (1861) 17 Cal. 525, 537.) The legislature adopted this system as a way protect a married woman’s ownership rights to her separate property upon marriage, and to ensure that both spouses were on...

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