Inland Empire Questions: WHY DO I HAVE TO SHARE MY PENSION WHEN MY SPOUSE DOESN’T SHARE HIS/HER SOCIAL SECURITY BENEFITS?

The answer to this pension question is found in the recent case of Marriage of Peterson 16 DJDAR 225 (1-11-16). Namely, the pension benefits earned during marriage are community property and subject to the equal division requirement of Family Code § 2550. On the other hand, the United States Constitution gives Congress the right to […]

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News in the Inland Empire: Domestic Violence Includes Non-Violent Conduct

The recent case of Burquet vs. Brumbaugh held that the domestic violence prevention act authorizes courts to issue restraining orders for “disturbing the peace of the other party.” In Burquet, the ex-boyfriend showed up the Plaintiff’s house unannounced and uninvited. He paced around her front porch for about 10 minutes, even though she had declined […]

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California Supreme Court Rules on Date of Separation

In a marital dissolution proceeding, a court determines the division of property between the spouses by first characterizing the parties’ property as community or separate. Family Code Section 760 provides that all property acquired by the spouses during the marriage is community property “except as otherwise provided by statute.” One such statute is Family Code […]

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Gathering Documents for Divorce

It’s inevitable. You and your spouse are separating and you need a family law attorney, and you need one now. Your friends gave you referrals. You researched attorneys in the area, and you interviewed prospective attorneys. Finally, you selected an attorney (preferably one that specializes in family law), and you are ready to retain his […]

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