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Posted By Martinelli Law Group
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22-Jul-2015
Late in June 2015, the United States Supreme Court ruled in favor of legalizing same-sex marriages across the nation, effectively dismantling 13 state bans. Immediately people from coast to coast were either cheering or jeering in response to the decision and it seemed a rift was forming between parties as they expressed their beliefs one way or the other. But what many people still have not done ...
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Posted By Martinelli Law Group
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20-Aug-2014
On August 7, 2014, the Court of Appeal of the State of California, Second Appellate District, District Eight, deciding the matter of In re J.T., a Person Coming Under the Juvenile Court Law, released a decision that adds additional clarification to grandparents wishing to exercise periods of visitation with their grandchildren. It is important to note, however, that this case only applies to ...
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Posted By Eric Martinelli
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15-Apr-2013
California Family Code section 1612 provides that parties to a premarital agreement (PMA) may contract with respect to the rights and obligations in property, choice of law, spousal support, and virtually every other issue, other than those deemed contrary to public policy or law (i.e., child support). Essentially, a PMA is nothing more than a written agreement between prospective spouses made in ...
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Posted By Eric Martinelli
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31-Jan-2013
I often receive calls from persons who just ended a relationship with their significant other with whom they were cohabitating. Invariably, the questions focus on what rights they may be entitled to under the law with respect to property rights and support. The law is very clear in this regard. Only married persons and those registered as domestic partners are vested with the community property ...
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Posted By Eric Martinelli
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10-Jan-2013
The Department of Justice reports that there are over 2.5 million reported acts of domestic violence every year, which result in over 4000 deaths. Needless to say, these statistics are concerning. Domestic violence has no boundaries; it reaches every race, religion and Scio-economic class. California Probate Code section 13700 defines Domestic Violence as follows: Abuse committed against an adult ...
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Posted By Eric Martinelli
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30-Nov-2012
I often receive calls from parties who were just served with divorce papers (formally referred to as the Petition for Dissolution). Needless to say, this can be a traumatic event when the receiving party is unaware of his or her spouse's desire to divorce. If you are served with a Petition for Dissolution, there are important issues that are triggered upon your receipt. For instance, upon ...
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Posted By Eric Martinelli
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30-Oct-2012
California Family Code section 3020(a) provides: " The Legislature finds and declares that it is the public policy of this state to assure that the health, safety, and welfare of children shall be the court's primary concern in determining the best interest of children when making any orders regarding the physical or legal custody or visitation of children… ; and (b) The ...
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