On appeal, a husband challenged the trial court’s invalidation of a wife’s spousal support waiver contained in a 1985 prenuptial agreement. The soon-to-be wife had no input about the wording of the document. She claims the first time she saw it was three days prior to the wedding, after all the invitations had gone out. After […]
Marriage Does Not Automatically Invalidate A Domestic Partnership Agreement.
Two men entered into a written domestic partnership agreement and then registered as domestic partners. Later, during the brief period when same-sex marriages were legal in California in 2008, they married. Shortly afterward, one died. The surviving spouse claimed an interest in the estate of the deceased, and the probate court limited him to what […]
Sleeping With The Enemy.
For years, the wife read books about divorce, money and using false criminal accusations against a spouse in a divorce proceeding. Eventually she reported to the sheriff that her husband threatened to kill her and their children. The husband was criminally prosecuted for making terrorist threats and found not guilty. He filed a malicious prosecution […]
No Domestic Partnership Prior To Death, No Survivor Benefits.
On a Saturday morning, two people completed a notarized declaration of domestic partnership. That afternoon, one of them died. The following Monday, the survivor filed the declaration with the Office of Secretary of State. Thereafter, the survivor applied for the decedent’s state pension survivor benefits. The administrative board of the state pension system ruled the […]
Appeal Dismissed When Husband Refused To Disclose His Finances.
The first paragraph of the opinion says it all: “In this marital dissolution action, the trial court orders husband to pay wife’s attorney fees and costs pursuant to Family Code section 2030. Husband appeals and contends the evidence of his financial circumstances is insufficient. Perhaps. But here sufficiency of the evidence is beside the point. […]
Same Sex Couple In Child Custody Dispute.
M.G. and L.M. are both women who lived together for five years as same-sex partners, but were not domestic partners pursuant to Family Code §297. M.G. adopted a baby and took maternity leave from work for his first three weeks of life. L.M. said she took leave for the next three weeks. Both participated in […]
Grandfather Disqualified From Representing His Son In Custody Dispute.
In an appeal in which the mother of the infant did not even file a respondent’s brief, the Court of Appeal affirmed the disqualification of the paternal grandfather’s legal representation of his son, the infant’s father. The court expressed concern about the potential for misuse of confidential information. Kennedy v. Eldridge (Cal. App. Third Dist.; […]
Loss Of Consortium Claim Valid If Marriage Predates Discovery Of Symptoms.
With latent injury cases, injury often does not occur at the time of exposure to a toxic substance, but often decades later. The Court of Appeal held the required showing of the existence of a valid marriage for a loss of consortium claim is satisfied if the plaintiff’s marriage to the injured spouse predates discovery […]
Joint Offer Under Cal. Civ. Proc. §998 To Spouses Okay.
Plaintiffs contended a Civ.Proc. §998 offer made jointly to a husband and wife is void. The trial court rejected the argument and the Court of Appeal affirmed, stating: “A section 998 offer may be made jointly to spouses because, under the California’s community property law, a cause of action for personal injury damages is community […]
Riverside Family Law Attorney – New Website
Whether you need a Divorce Attorney in Riverside or Child Custody Lawyer in San Bernardino, the Mellor Law Firm has attorneys that have a combined 40 plus years of experience to help you get the results you searching for. With the development of their new Riverside Law Firm website, the Mellor Law Firm has also […]
- « Previous Page
- 1
- …
- 3
- 4
- 5