Divorce Law - A Blog By A Divorce Attorney!

The Best Litigators Avoid Court! At first blush, the title of this entry doesn't really make any sense.    By definition, a litigator is a courtroom lawyer. So why would some of the "best"  litigators seek to avoid court?   The answer is simple, MONEY!   S tate-wide budget cuts in California coupled with a recent change in law have had a crippling effect on the expeditious resolution of cases .   In 2013, approximately 30% of LA Superior Court staff members were let go.  Some of the most experienced and hardworking employees have seemingly left overnight. Consequently, files are not being timely updated, documents are not processed and the remaining staff members are being overworked.  Needless to say, the current financial circumstances surrounding the courts have made things very difficult for ALL involved.  In addition to the layoffs, several courthouses and family law de...

When assessing the value of a Family Law case don't forget the Civil Discovery Act. Discovery tools can be very helpful in narrowing the issues. In handling dozens of complex financial matters, I have heavily utilized Special Interrogatories coupled with Demands for Production of Documents. Using the proper discovery tools can help narrow the issues and settle cases. Simply put, Special Interrogatories are questions asked of the other side in written form. The questions should be straightforward and concise. The law governing Special Interrogatories (in CA) is outlined in the Code of Civil Procedure.  Below, I have tried to describe some helpful tips re the law and the use of Special Interrogatories in the Family Law realm. First, Special Interrogatories, are normally limited to 35 inquiries. This limit may be increased by way of a declaration of necessity. Said declaration will generally need to describe the need for the additional demands and its appropriateness of...