Cases: Family Law

Large-Scale Dissolution Battle Was Involved, With Appellate Court Giving Great Explanation Of Abuse Of Discretion Standard Of Review—Likely a “Smell Test” At Best.             In Marriage of Vinhas and Krognes, Case No. A144387 (1st Dist., Div. 2 Aug. 9, 2018) (unpublished), a family law judge largely decided marital standard of living issues in favor of […]

Appellate Court Found These Combined Errors To Require A “Relook” At the RFO.             Family law is certainly a specialty, where a lot gets done through a Request for Order (RFO) for support, provisional attorney’s fees, visitation, and other matters in a dissolution action. A lot of activity is governed by Judicial Council forms, with

Evidence Code Section 730 Makes Reasonableness A Requirement.             In Marriage of Aresh, Case No. G054062 (4th Dist., Div. 3 July 25, 2018) (unpublished), an ex-husband was saddled with a $179,561 award to a court-appointed forensic accountant in a dissolution matter. He appealed and was awarded by doing so. The problem was that Evidence Code

Remand Necessary In Nevada Litigation Because California Family Law Judge Improperly Took Judicial Notice Of Factual Finding By Nevada Court In Denying A Request For A Reimbursement Of Additional Fees.                 Admittedly, the Fletcher (Ted) Jones, Jr. dissolution case was going to be messy—after all, the couple lived a lavish lifestyle based on lucrative luxury

Sixth District Follows First District’s Lead As Far As Section 271 Sanctions Limitations.             In Marriage of Henley & Jackson, Case No. H043753 (6th Dist. June 29, 2018) (unpublished), a family law judge imposed Family Code section 271 sanctions of $25,000 against husband for his efforts to sell a community asset without notice to wife,

Attorneys Did Seek Sanctions On Behalf Of Wife And Failure To Include Income/Expense Declaration On Appeal Failed To Support Husband’s Financial Burden Argument.             In Marriage of Sokol & Avidor, Case No. B280783 (2d Dist., Div. 5 June 20, 2018) (unpublished), husband was ordered to pay a total of $114,522.50 in Family Code section 270

Both Sides Had Paid Or Owed A Cumulative $1.841 Million In Dissolution Proceedings.             We are not sure that the appellate court was happy with any of the parties in this case that we now report on.   After all, in the dissolution saga, ex-husband had paid attorneys $900,000, still owing $70,000, while ex-wife had paid

Ex-Husband Obtained A Lopsided Win, With Both Parties Expending $1 Million In Litigation Costs Since Separation.            Attorney’s fees awards in family law setting are extremely discretionary and the end rest of litigation costs for both parties along the way, even with some reimbursement awards allowed, can certainly make destitute or bankrupt any party. This is