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Blog Posts in November, 2013

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  • 28 Nov. 2013

    What You Need To Consider Before Pursuing A Support Modification

    Posted By The Buncher Law Corporation

    Clients often ask about pursuing child and spousal support modifications. However, there are a few things to consider before filing a Request for Order with the court. First, you need to have a firm grasp of what the other party is earning. The best way to obtain information regarding income is to serve Family Law Form 396 on the other party by certified mail. This form, entitled "Request for ...
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  • 25 Nov. 2013

    Can a Same Sex Partner Have a Community Property Claim in the Event of a Breakup?

    Posted By The Buncher Law Corporation

    The answer to this question is yes! The principles of the ground-breaking case, Marvin v. Marvin (1976) 18 Cal.3d 660, applies to both opposite and same sex couples. Same sex couples can form enforceable agreements, either expressly through words or a written document, or implicitly through their actions, to support one another, to pool their earnings or to share their property. As in any Marvin ...
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  • 21 Nov. 2013

    Can Sex During a Relationship Be Used to Prove Community Property Rights?

    Posted By The Buncher Law Corporation

    Often the question is raised whether sexual services can be part of a so-called Marvin Action, a lawsuit in civil court based upon agreements and obligations that arose in connection with a unmarried couple living together over a number of years. A Marvin Action - named for the landmark 1976 California court decision that awarded community property rights to the former live-in girlfriend of actor ...
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  • 18 Nov. 2013

    Eight Ways to Help Establish Your Eligibility to Share Property or Receive Support After Living Together Outside of Wedlock

    Posted By The Buncher Law Corporation

    A so-called Marvin Action is a lawsuit in civil court based upon agreements and obligations that arose in connection with a couple living together over a number of years. They are sometimes erroneously thought of as a common law marriage, which were outlawed in California in 1895. They apply to both opposite and same sex couples. Marvin Actions stem from a 1976 California court ruling that the ...
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  • 14 Nov. 2013

    Did You Know That Common Law Marriage Doesn't Exist in California?

    Posted By The Buncher Law Corporation

    In California, longtime cohabitating couples often believe that after living together for a set number of years, they have established a common law marriage. That may have been true in the 19 th Century. But not today. In California, unmarried partners who break up have rights under what is known as a Marvin Action. A Marvin Action is an action filed in civil court made by one party against ...
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  • 11 Nov. 2013

    Denial of Domestic Violence in a Long Term Relationship - Typical Profile of a Victim

    Posted By The Buncher Law Corporation

    In our experience, if you have been in long term relationship and are asking the question if you or your child has been abused or threatened by your significant other, the odds are that you should have gotten a domestic violence restraining order long ago. When clients come into our office, we often find that they or their children have repeatedly been victims of harassment, psychological or ...
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  • 7 Nov. 2013

    "They Will Deny Everything. I Will Not Be Able to Prove I Need Protection."

    Posted By The Buncher Law Corporation

    Domestic violence victims often fail to seek restraining orders because they fear that it will just be their word against the perpetrator's. However, an experienced restraining order attorney may very well be able to identify information that you did not know you had to prove your case. An attorney experienced at obtaining restraining orders will also be able to advise you how to affordably ...
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  • 4 Nov. 2013

    The Most Common Errors In Seeking Domestic Violence Protective Orders.

    Posted By The Buncher Law Corporation

    There are two common errors that victims of domestic violence, sexual assault, threats, harassment or vandalism commonly make in seeking restraining orders. The single biggest error is delay. It is a big step for a victim to find the courage to seek a protective order. However, a delay of even a couple days can have a dramatic affect on a judge's willingness to take your case seriously. There ...
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