The Best Interest of the Tribe?

Posted on May 6, 2013 by Bonnie Riley

hands_146966132An episode of A&E’s series Longmire (“The Dog Soldier”) delved into the complicated world of Indian child fostering and adoption. The show got the law wrong, but that’s not surprising in this complicated area. Although the Supreme Court may offer some clarity in its upcoming decision on the appeal of Adoptive Couple v Baby Girl (SC 2012) 731 SE2d 550, it would take the wisdom of Solomon, invoked wistfully by Justice Kennedy, to fashion a happy outcome for one Indian child. (more…)

Filed under: Family Law, New Legal Developments | Tagged: , , , , , | 6 Comments »

When Financial Discovery Gets Complicated

Posted on April 22, 2013 by Julie Brook, Esq.

hats_153049007Many family law attorneys are used to doing it all and wearing many different hats. But financial discovery can get complicated enough to warrant bringing in a specialist. (more…)

Filed under: Divorce Law, Family Law, Legal Topics | Tagged: , , , , | Leave a Comment »

If We Die, Where Will the Kids Go?

Posted on March 18, 2013 by Julie Brook, Esq.

kid_137155350For every parent, the most important function of his or her will is the nomination of a guardian for minor children. (more…)

Filed under: Estate Planning, Family Law, Legal Topics | Tagged: , , , , , , | 4 Comments »

Protecting Privacy During Divorce

Posted on March 1, 2013 by Julie Brook, Esq.

privacy_200393443-001Going through a divorce is difficult on many levels. Your client may feel like his or her personal life is laid bare for everyone to see. As an attorney, you can’t protect your client from the emotional exposure involved in divorce, but you can take measures to protect your client’s financial laundry from being publicly aired. (more…)

Filed under: Divorce Law, Family Law, Legal Topics | Tagged: , , , , , | 3 Comments »

Love and Marriage…and Prenups

Posted on February 13, 2013 by Julie Brook, Esq.

prenup_153168603It may not seem very romantic to discuss prenups right before Valentine’s Day, but some people consider them to be an important bridge to cross on the way to happily married life.  (more…)

Filed under: Divorce Law, Family Law, Legal Topics | Tagged: , , , , , | Leave a Comment »

The Complications of Same-Sex Marriage in a Time of Changing Options

Posted on January 25, 2013 by cebca

The following is a guest blog post by Frederick Hertz, an attorney and mediator based in Oakland, CA, and the author of the ABA treatise Counseling Unmarried Couples: A Guide to Effective Representation.

rings_159135126One of the worst forms of discrimination against same-sex couples is discrimination in the form of legal complexity. The twists and turns of same-sex partnership law over the past ten years—both in California and federally—have resulted in a morass of legal uncertainty, and the litigation flowing from these complications is just now beginning to hit the appellate courts. (more…)

Filed under: Family Law, Legal Topics, New Legal Developments | Tagged: , , , | 3 Comments »

Whither Windsor: What to Do About the Estate Tax Marital Deduction While the Court Considers DOMA

Posted on December 14, 2012 by Robert Denham, Esq

hands_147261872Updated: The Supreme Court heard oral argument in Windsor v U.S. on March 27, 2013, with negative implications for domestic partners, as discussed in the April 2013 issue of CEB’s Estate Planning & California Probate Reporter.

The U. S. Supreme Court’s grant of review in Windsor v U.S. puts the marital deduction in doubt for same-sex surviving spouses but it doesn’t change the advice: for now, practitioners should keep filing estate tax returns claiming the marital deduction until someone tells them to stop. (more…)

Filed under: Estate Planning, Family Law, Legal Topics, Tax Law | Tagged: , , , , , , , , | 6 Comments »

A View from the Family Law Bench, Part 2

Posted on November 14, 2012 by Julie Brook, Esq.

In the first part of this blog post, we presented 5 tips from retired family law judge and CEB author Hon. Frederick A. Mandabach to help practitioners best approach family law hearings and trials. Here are 5 more inside tips from the judge. (more…)

Filed under: Family Law, Litigation Strategy, Practice of Law | Tagged: , , , , , | 1 Comment »

A View from the Family Law Bench, Part 1

Posted on November 7, 2012 by Julie Brook, Esq.

In California family law cases, it’s a judge—not a jury—that will decide your case. To help you hone your approach to handling family law hearings and trials,  here are the first 5 of 10 inside tips from retired family law judge and CEB author Hon. Frederick A. Mandabach. (more…)

Filed under: Family Law, Legal Topics, Litigation Strategy | Tagged: , , , , , | 3 Comments »

Until the End of the Contract Do We Part

Posted on October 26, 2012 by Julie Brook, Esq.

The rumor that Tom Cruise and Katie Holmes signed a five-year marriage contract prompted a New York Time’s article on the idea of 20-year renewable marriage contracts as a way of overhauling marriage in our society. The idea of short-term, renewable marriage contracts can be appealing, but would such agreements be enforceable under California law? The hitch may be in California law’s abhorrence of anything that promotes divorce. (more…)

Filed under: Divorce Law, Family Law, Legal Topics | Tagged: , , , , , , , | 1 Comment »

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