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Orange County Family Law Attorneys

Posted on September 12th, 2014

OC Office Video At Wilkinson & Finkbeiner, LLP, we are committed to helping families in Orange County avoid unnecessary conflict and settle disputes in ways that are constructive, healthy, and beneficial to every party involved. Our Orange County family law attorneys understand that every legal issue – whether a divorce, child custody dispute, paternity suit, or anything in between –… READ MORE

Landmark Supreme Court Case Greatly Impacts Servicemembers and Spouses at Divorce

Posted on May 17th, 2017

LANDMARK SUPREME COURT CASE HAS HUGE RAMIFICATIONS FOR FORMER SPOUSES OF SERVICEMEMBERS On May 15, 2017, the United States Supreme Court in Howell v. Howell (490 U.S. 581) held that a state court may not order a veteran to indemnify a divorced spouse for the loss in the divorced spouse’s portion of the veteran’s retirement pay caused by the veteran’s… READ MORE

Military Issues in Orange County Irvine Family Law Matters

Posted on May 3rd, 2017

OC Family Law DV Veterans Program The Veterans Domestic Violance (DV) Program was created in 2010 to resolve domestic violence restraining order (DVRO) matters in Orange County family court involving veterans with no pre-deployment history of domestic violence. A finding of domestic violence could mean a loss of custody, visitation and employment opportunities for the restrained party. The program offers… READ MORE

Personal Injury Settlements and Divorce

Posted on April 19th, 2017

How are personal injury settlements divided in divorce cases? By Andrew Tran, Esq. and David K. Wilkinson, CFLS, AAML If a spouse has been involved in a personal injury lawsuit and is entitled to receive a settlement, how much (if any) is the other spouse entitled to during a divorce proceeding? Starting Point – if During Marriage then Community Property Pursuant… READ MORE

“General Appearance” vs. “Special Appearance” in Orange County Family Courts

Posted on March 31st, 2017

By Andrew Tran, Esq. One of the common mistakes that parties can make is picking and choosing which court hearings to attend and how they attend those hearings. There are two common types of appearances: a general appearance and a special appearance.  This article discusses the difference between the two types of appearances and the significance that your appearance type… READ MORE

Lasting Effects of “Temporary” Restraining Orders on Child Custody

Posted on March 28th, 2017

By Brian Mullen, Esq. Domestic Violence Restraining Orders (“DVRO’s”) are governed by Family Code §6200 et. seq., also known as the Domestic Violence Prevention Act. In 2014 the legislature made a significant change to Family Code §6340(a) by mandating that any custody, visitation and support orders entered while the DVRO is operative survives the expiration of the DVRO. This change… READ MORE

What Happens if a Party to a Family Law Case Dies During the Case?

Posted on March 9th, 2017

By Brian Mullen, Partner What Constitutes Death The Court will likely decline to make a finding that a party has died until a death certificate has been issued by the coroner. In the meantime, the Court assumes that the party is still alive and may postpone any hearings on calendar until his or her death is confirmed. Dissolution of Marriage… READ MORE

New Way to Divide Military Retirement in California

Posted on February 23rd, 2017

By Brian Mullen, Partner Recent Change in Calculation of Military Retirement Benefits Effective December 23, 2016 there has been a sea change in the Uniformed Services Former Spouses’ Protection Act (USFSPA), 10 U.S.Code. It was a sudden and surprise change not discussed or argued, simply presented to the President for signature. The National Defense Authorization Act for Fiscal Year 2017… READ MORE

Served with a Motion to Determine Arrears in Irvine?

Posted on February 8th, 2017

I have been served with an “RFO” to Determine Child and/or Spousal Support Arrears, and now I have to go to court. Now what? By Brian Mullen, Esq. Your task is to reduce the amount of arrears claimed by your ex. But how? Let’s assume for the sake of this discussion that the support orders are valid (i.e., no fraud… READ MORE

Dealing with Overly Litigious Parties in Orange County Family Court

Posted on February 7th, 2017

Irvine Divorce Lawyers – Free Consultation By Andrew Tran, Esq. In many family law cases, it is not uncommon to be involved in litigation from time to time, whether it is in the initial case (divorce, paternity, child custody, child support, spousal support, etc.), as well as after the issuance of a court order in a “post-judgment” matter.  Issues such… READ MORE

10 things to bring to your initial consultation with a divorce lawyer

Posted on February 5th, 2017

Most attorneys that practice divorce law offer a free initial consultation where you can schedule a time to meet in person with the lawyer.  The guide provides you with advice on how to prepare for an efficient and effective consultation.  While most divorce attorneys in Irvine and elsewhere in Orange County don’t specifically provide direct legal advice during this first… READ MORE