While many offices are closed during this unfortunate and difficult time, Wilkinson & Finkbeiner, LLP will remain open as our attorneys and staff work remotely. We have extensive experience operating our law from various locations, and we have the technology to support that effort. Our attorneys are available by phone, email, and videoconference. Our phone system is fully operational, and… READ MORE
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Update on COVID-19 Coronavirus and the Orange County California Family Court
ORANGE COUNTY FAMILY COURT CLOSURE AND WHAT THIS MEANS FOR YOUR CASE In response to health concerns raised by the coronavirus outbreak, all Orange County court locations will be closed through Monday, June 1, 2020. The closures are a response to the unique and continuing public safety challenges presented by the coronavirus. If you are a party to a hearing… READ MORE
Open House Photos From New Office Location
We had a tremendous turnout for our open house, celebrating our new office location. We moved from MacArthur Blvd. in Irvine to a new location in Irvine, located at 19700 Fairchild. A very special thank you to all of our guests that attended, including California Assembly Member from the 74th District, Cottie Petrie-Norris, U.S. House of Representatives member Harley Rouda’s… READ MORE
New North Orange County (Fullerton) Family Law Courthouse
The Orange County Bar announced that in January 2019, one of the family law judges currently sitting at the County’s main family law courthouse, Lamoreaux Justice Center in Orange, will move his entire caseload to the North Justice Center in Fullerton. This move is an effort to serve those parties who also live in the North Orange County communities of… READ MORE
Personal Injury Settlements and Divorce
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
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
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 Orange County child custody, visitation and support orders entered while the DVRO is operative survives the expiration of the… READ MORE
What Happens if a Party to a Family Law Case Dies During the Case?
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
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?
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