On Saturday, October 1, 2016, at the annual California State Bar Convention, Ritzel and I had the honor of presenting a legal seminar on a new law coming in effect January 1, 2017, passed by SB 1255. This new law deals with the date of separation in Family Law.
First of all, why does it matter? The general answer is, in family law, EVERYTHING matters. Even the kitchen sink! The date of separation can affect many things,
The real battle, however, will be over their kids. “If both of them are levelheaded and have the children’s best interests at heart, they would work out a physical custody-sharing plan in private,“, L.A.-based divorce attorney Kelly Chang Rickert tells Star. “But if Angie uses Brad’s alleged child abuse against him – even though one instance of him ‘spanking’ would not make him an abuser –
In its Big Brother way, California has historically always favored “conclusive presumptions of paternity”, that is, when a mother is married and living with her husband (who is neither impotent or sterile) at time of conception, her husband is conclusively presumed to be the child’s father. EVEN though he may NOT be the child’s biological father. This law is written in Family Code section 7540.
Thus, historically, it would SUCK for an unwed father if the mother was married –
Divorce taking too long!
Technology has created monsters with no patience. Just yesterday, at a Stop Sign, a woman no younger than 90! flipped me the bird, because I was trying to parallel park. The light in front of me was red. “You’re taking too f’cking long!” she growled at me. Ok – so I am an Asian driver and my skills at parallel parking are next to none – but still,