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The CA. Supreme Court Interprets “Living Separate and Apart” For Purpose Of Determining “Date of Separation”

On July 20, 2015, the California Supreme court made a ruling in the case of "Marriage of Davis" that is now having a sweeping effect on many parties currently involved in a dissolution (divorce) action in California. When a party files a Petition for Dissolution or a Response to the Petition, the date of separation is generally listed. This is a very important factor. Many parties determine this to mean when the emotional, sexual, etc. relationship is over and they are no longer holding themselves out to friends, family, etc. as being a "married couple?  In fact, in today's economy,...

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Same Sex Marriage Now Equal Right Under U.S. Constitution

On June 26, 2015, the United States Supreme Court ruled on the case of Obergefell v Hodges and made a landmark decision that same sex marriage is a fundamental Constitutional right under the Fourteenth Amendment of the U.S. Constitution. What that means is that EVERY state in the United States MUST recognize same sex marriage and requires EVERY state to license a marriage between two people of the same sex. Further, all states must recognize a same sex marriage between two people when their marriage was lawfully licensed and performed out-of-state. California Court of Appeals had already made law making same...

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Driver’s Licenses for California Illegal Immigrants

Signed into law in 2013 and effective as of January 1, 2015, Assembly Bill 60, which was signed by Governor Jerry Brown, will allow illegal immigrants living in California to obtain a state issued driver's license. On the first day of the new law, there were approximately 17,200 applicants, however the DMV (California Department of Motor Vehicles) estimates it could take up to THREE YEARS to process all of the driver's license applications that they anticipate to receive from illegal immigrants residing in California. It appears that many of the illegal immigrants residing in the San Diego area are reluctant to apply...

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California Highway Patrol Receives Federal DUI Grant

It was recently announced by the California Highway Patrol that Orange County, CA. received a Federal grant under the name "Reducing Impaired Driving".  It has been indicated this will fund 150 DUI/sobriety checkpoints, 75 DUI task force operations, DUI saturation patrols through September 30, 2015 and at least 100 safety presentations. The California Highway Patrol states that "preventing alcohol-related tragedies remains a top priority" both for their office and all of their traffic safety partners. It is their belief that 100 percent of DUI related deaths and injuries are preventable and thus it is their mission to attempt to prevent those...

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Current Celebrity Divorces

Along with marriage in the "Hollywood" scene comes the chance of divorce (or dissolution, which is the legal term). And of course, we are always hearing about celebrity couples splitting up- getting back together- then splitting up again. Sometimes it is simply a publicity stunt to gain attention and other times it is a reality. A few current celebrity couples have recently faced this reality- by actually filing for divorce - Kris and Bruce Jenner as well as Paula Patton and Robin Thicke In the case of the Jenners, it has been reported that despite there being no prenuptial agreement, the parties...

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Divorce Rates

Have you ever wondered which country in the world has the highest rate of divorce or dissolution of marriage?  Research shows it to also be the largest country in the world- Russia, where there are roughly 5 divorces per 1,000 people. How does this compare to the United States divorce rate? In the United States, we have the 5th largest divorce rate in the world, where there are roughly 3.4 divorces per 1,000 people. What about the highest rate of divorce within the States of the United States?  Recent research has shown that the State of Nevada has not only the highest...

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Dodgers Liable For Brian Stow’s Injuries

A Los Angeles jury has found that the Los Angeles Dodgers are liable to Brian Stow for the beating and resulting injuries he received on opening day just over 3 years ago.  He was awarded a total of $18 Million, however the Dodgers (or rather their insurance company) will only be responsible for paying $13.9 Million. That is due to a law in California that apportions liability based upon fault and the jury found that the Dodgers were 25% at fault. However, the apportionment law applies only to "general damages" or what is commonly referred to as "pain and suffering"....

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Serious Illness May Lead to Divorce

Studies have suggested that a serious illness of one spouse in a marriage raises the risk of divorce. These studies pertained mostly to married couples over the age of 50 and the majority was when the wife got sick. Of those older married couples studied which involved a serious illness, it was found that nearly 1/3 ended in divorce and almost 1/2 of those cases involved the wife being sick. It was believed that the risk of divorce increased when the wife got ill due to the fact women tend to be caregivers and men tend to be financial providers. Again,...

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Is Collaborative (Mediated) Divorce For You?

California collaborative or mediated divorce (or "dissolution" as it is legally referred to) is not for everyone and does not always work. Despite the desire of a couple contemplating an alternative divorce to pursue a civil and amicable divorce, it may not always be possible. The following is critical information on what NOT to do and that may cause a breakdown in the collaborative divorce process: Asking an "attorney friend or relative" who is not trained in the mediated divorce process to assist you. Mediated divorce is a specialized field that deals with sensitive and sometimes technical issues. This is...

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