In the State of California, immediately upon filing a divorce, both spouses or domestic partners are restrained from: 1. Removing the minor child or children of the parties, if any, from the state without the prior written consent of the other party or an order of...
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When is drug use child abuse?
The recent case of In Re Drake M., decided December 5, 2012, makes clear that the mere usage of drugs by a parent, in and of itself, is not sufficient evidence that the minor child has been harmed or was placed at risk of harm from the parent’s drug use. While the...
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Dinnebier & Demmerle is interested in hearing from you. If you have a topic you would like to hear about, questions about divorce in California, or would like us to blog about something, please let us know. If you would like us to talk about a specific topic on...
What financial information should I bring to an initial consultation with a divorce attorney?
Broadly speaking, in divorce, there are essentially four (4) potential financial issues: Child support, Spousal support, Division of property, Attorney’s fees. In order to initially evaluate issues concerning you and your spouse’s income as it relates...
How does infidelity affect child custody in divorce?
California is referred to as a “no fault” state with respect to divorces. In other words, generally speaking, judges do not want to hear testimony concerning infidelity. However, with respect to custody, courts are sensitive to introducing and involving children...
When can I claim a child as a tax deduction?
Parents often ask this question when dealing with their divorce. When minor children are involved, a custody schedule will eventually be established and the parents will no longer file taxes jointly with each other. Therefore, the dependent tax deductions and...
DD001 – Dinnebier & Demmerle’s First Podcast Episode
Dinnebier & Demmerle is proud to announce the release of their first podcast episode. Listen to it right here and learn more about the firm and pre-divorce planning. In this episode, you will hear about: Who Richard, Ken, and Dallas are; How Dinnebier &...
I just found out my ex hid money during our divorce. What can I do about it?
Any community assets that were not included in the divorce are known as “omitted assets.” The Family Code provides a solution to the question. The outcome depends on whether your ex intentionally hid the money, or simply neglected to list it as part of the...
What do judges think about substituting attorneys more than once?
The courts should never draw an unfavorable inference from a party changing attorneys. A party should be able to choose whomever they want to represent them. However, as a practical matter, judges always wonder why a client has had so many previous attorneys. Is it...
Daughter engaged to older wealthy man requiring a prenuptial agreement
My 25 year old daughter is engaged to a very nice guy who is quite a bit older than she. He is asking her to sign a prenup due to his company being family owned. He is agreeable to giving her a life insurance plan in lieu of her having an interest in his business or...