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In Marriage of Davis, the Supreme Court Complicates Transitions for Separated Spouses Wishing to Reside under the Same Roof

A major consideration for “separated” spouses is the final break in the marriage. “Separation” occurs only when the parties have come to a parting of the ways with no present intent to resume their marriage and their conduct evinces a complete and final break in the marital relationship. Sometimes, however, one or both parties believe…

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Electronically Stored Information: e-discovery and HLG

Electronically stored information (“ESI”) is information that is stored in technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. Electronic Discovery, also known as e-discovery, is the use of legal means to obtain ESI in the course of litigation for evidentiary purposes. My relationships with California ESI/E-discovery gurus, Jim Hennenhoefer and Gordon Cruse,…

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The “Ticking Timebomb” of International Surrogacy

The International Academy of Matrimonial Lawyers, of which I am a Fellow, is a worldwide organization of 700 practicing lawyers who are selected by our peers and focused on international family law matters. It was formed in 1986 to improve the practice of law and administration of justice in the area of divorce and family…

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A Misguided Attempt to Remedy “Mediation Fraud”

The Bar Association of San Francisco to the Conference of California Bar Associations has proposed a controversial change to the Mediation Confidentiality rule, Evidence Code section 1120. For family law actions only, it would create an exception to mediation confidentiality for communications in mediation between spouses or registered domestic partners that constitute a fraudulent breach…

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