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Basic California Divorce (Dissolution) Information

RESIDENCY REQUIREMENTS AND WHERE TO FILE: A judgment of dissolution of marriage may not be entered unless one of the parties to the marriage has been a resident of this state for six months and of the county in which the proceeding is filed for three months next preceding the filing of the petition. The superior court has jurisdiction in proceedings under the CA. Family Code. LEGAL GROUNDS FOR DIVORCE: Dissolution of the marriage or legal separation may be based on either of the following grounds: (a) Irreconcilable differences, which have caused the irremediable breakdown of the marriage; or (b) Incurable insanity (only...

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Basic Divorce Information

What are grounds for divorce in California? In California, there are two grounds for divorce (also known as dissolution): Irreconcilable differences. You simply check this box on the dissolution petition and the court will grant your divorce. Incurable insanity (almost never used). Medical proof that one spouse was insane when the petition was filed-and remains incurably insane-is required. In addition, you or your spouse must have lived in California for six months and in your county for three months before filing a petition to dissolve your marriage. There is no residency requirement for filing for legal separation. The Law Office of Jeffrey D. Stearman in...

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5 Reasons You May Want to Quit Facebook

There are many reasons to quit Facebook. It may not have the “status” or “coolness” it once had in the past. But there are more practical reasons to stay off Facebook too, including some potential legal consequences. Here are 5 reasons you may want to reconsider staying off Facebook for good: You can get fired over what you post. There are many different reasons why posting things on Facebook can get you fired. Many companies now search their employees Facebook pages to see what they are saying and doing.  For example, you could accidentally leak a company secret. Or you could simply...

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3 Ways to Get a Landlord to Make Repairs

Most renters know it can be tough or near impossible to get a landlord to make repairs. Landlords are reluctant to give their time and more reluctant to spend money to what they often perceive to be unnecessary and unwarranted repairs. However, if you have a legitimate complaint, you can try to force your landlord to make the repairs in certain circumstances. Here are three steps you can take to resolve your landlord repair issue: Look at your lease. Your rights as a tenant are generally contained within your lease. Your lease may state when the landlord is required to make repairs,...

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Should permanent alimony be eliminated?

Across the country there is a movement to eliminate permanent alimony, or more properly, spousal support. Alimony developed at a time when few women worked and frequently had no college education or work experience outside the home, and would have a difficult time obtaining an income close to the level they had during their marriage. Because many women work after they marry, and because of a perceived unfairness of allowing one spouse to receive income for years and sometimes decades after their divorce, some states are changing their divorce laws, and setting fixed durations for spousal support. As with everything that is...

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JUST A FEW OF THE 876 NEW LAWS IN CALIF. FOR 2013

DUI testing- DUI suspects now cannot choose a chemical urine test for blood alcohol content. Defense lawyers liked that option because the results were easier to challenge in court. DUI suspects will now have to submit to a breath test or the more reliable blood test. Carbon monoxide detectors: The final phase of a 2010 law, SB 183, starts January 1, 2013 when owners of apartment complexes will have to have installed carbon monoxide detectors in every dwelling unit with a fossil-fuel-burning furnace or appliance, fireplace or attached garage. Drug overdose reporting: AB 472 allows any person to report a drug-related overdose...

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Falling Over The Fiscal Cliff

The Democrats made several key concessions yesterday in the Fiscal Cliff negotiations. As a result, the two sides are absurdly close together. If we don't get a deal at this point, the entire country will be justified in being outraged. Here's the Democrats' latest offer, as reported by Lori Montgomery and Paul Kane of the Washington Post: * The Democrats agreed to raise the income threshold for tax increases to $450,000 a year (couples) from the prior $250,000. The Republicans are insisting on $550,000 threshold. This is a massive tax cut for almost the entire country relative to the rates that will otherwise...

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New California Booster Seat Law 2013

The California Booster Seat Law effective in 2012 prohibits parents, guardians, or drivers from transporting on a highway in a motor vehicle any child under 8 years old without securing that child in a child restraint that meets federal motor vehicle safety standards. The new Child Car Seat Installation, Inspection & Instruction Law, effective in 2013, helps parents and guardians make sure kids' car seats are installed safely. State law requires every public or private hospital, clinic, or birthing center, at the time of the discharge of a child, to provide information on the current law requiring child passenger restraint systems to...

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Top 5 Sources of Neighbor Disputes

Your neighbors are a lot like your family. You can't choose them. As a result, you will often have to deal with legal issues relating to neighbor disputes. Here are five common disputes you may have with a neighbor, with tips on how you can resolve the disputes legally, and civilly. Neighbor Dispute No. 1: Boundary Disputes If you want to put up a fence, but are unsure where your property ends and where your neighbor's begins, you will want to undergo a property survey. With a proper property survey, your neighbor will usually respect your fencing decisions. But for especially territorial neighbors,...

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Can Social Security Benefits be Garnished for Child Support?

Everyone wants to know whether the government can garnish Social Security benefits -- retirement or disability -- for the purpose of paying past due child support. The answer is- Yes they can – and Yes they will! Most lenders are not permitted to garnish Social Security benefits under the law. However, Congress made an exception for past due child support and alimony obligations. Before the Social Security Administration may garnish benefits, it must be served with a copy of a court order. To accomplish this, an individual must go to court and prove that the other party has failed to fulfill its...

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