Law Offices of Nancy M. Martinez

All too often, with divorce comes loss of good (less expensive) medical insurance for one of the spouses. Historically, couples have opted for a legal separation (where marital status stays intact while all other issues such as property division, support, custody are resolved by a judgment) to preserve the other spouse's health insurance. However, many insurers will not insure the other spouse if there has been a legal separation. Therefore, divorcing parties must review t...heir health insurance policies before deciding what route to take procedurally after separation, i.e., divorce vs. legal separation vs. post-nuptial agreement. If a legal separation turns out to be yet another death knell for the other party's health insurance, consider a post-nuptial agreement-an agreement that's made after you marry that spells out the terms of the divorce without actually divorcing. Given the political obsession with eliminating/changing the health insurance system and protections we presently have, who knows what the market will look like for divorced spouses trying to obtain new health insurance. Read more about this here:

A recently enacted bill, AD 2089 (Quirk), amends the Domestic Violence Prevention Act by authorizing courts to issue an emergency (ex parte) order based solely upon the affidavit or testimony of the petitioner; that is, no corroborating evidence from police or other authorities is needed. This is important because many DV victims do not report their abuse. The new bill also specifies that the length of time since the last act of abuse is not, by itself, determinative of the... petition's merit. Previously, courts, it seemed, tended to minimize domestic violence claims if they occurred over one year before. Thus, if a DV victim managed to escape a perpetrator for over a year, by leaving the abusive home, hiding out, etc., courts would assume that more DV was unlikely to occur. This is a step in the right direction for domestic violence victims. See text of new law here: http://www.leginfo.ca.gov//ab_2089_bill_20140926_chaptered

Women and children victims of domestic violence are further victimized when they try to assert their rights in Family Court. If you and/or your children have been victims of Domestic Violence and need a compassionate attorney who will relentlessly fight for you and your children's rights, please call our office today. You can end the cycle of violence NOW!

Today is a historical day for gay rights and marriage equality! The U.S. Supreme Court denied review of several cases challenging same sex marriage in a number of states. As a result, several cases challenging same sex marriage will likely be dropped, clearing the way for legality of same sex marriage in at least 30 states.

The Judicial Council of California has a new, free online course available for parents going through separation or divorce titled, Parenting After Separation (www.parenting.familieschange.ca.gov). The three-hour course was developed in response to requests from courts throughout California to provide parents information they need before or during a child custody matter. The course addresses the emotional aspects of separation and divorce, children’s developmental needs, and the court process. The course includes a separately available video on mandatory child custody mediation or child custody recommending counseling.

In family law news, this week the Second District Court of Appeals issued a significant ruling regarding re-issuance of domestic violence restraining orders. Specifically, the appellate court found that renewal of a restraining order against a former spouse who had beaten applicant on numerous occasions was improperly denied on the grounds that no instances of violence had occurred within the three years since the initial order went into effect. The Court opined that new ins...tances of abuse need not be shown, and that reasonable apprehension of future abuse need not take the form of fearing physical abuse given that abuse can also take such forms as stalking or making unwanted phone calls. The case is Eneaji v. Ubboe - filed September 25, 2014, Second District, Div. Two. If you would like to read the opinion, you may find it at: http://www.metnews.com/sos.cgi?0914//B247885A

Interesting case on how parental monetary gifts/loans are treated by California courts in relation to child and spousal support awards. http://www.courthousenews.com/2014/06/13/rich.PDF

Spend your time and money wisely post-divorce.

A great talk about domestic violence.

Some things to keep in mind while going through a divorce: http://www.huffingtonpost.com//divorce-advice-_n_5147865.h

Clients often talk about 50/50 custody schedules yet do not really know what these 50/50 schedules actually look like. Here is a great article about six (6) different 50/50 custody plans. http://singleparents.about.com//6-Sample-Joint-Custody-Sch

The California Supreme Court recently ruled on a case where a father was trying to keep custody of his sons after he had abused one of his daughters. At issue before the Supreme Court was whether father's sexual abuse of his daughter supported a determination that he should not have custody of his sons and they should instead be wards of the juvenile court. There was no evidence that Father sexually abused or otherwise mistreated the boys, and the boys were unaware of their ...sister's abuse. The Supreme Court affirmed the decision denying the father custody of his sons, holding that when a father/parent severely sexually abuses his own child, the juvenile court may assume jurisdiction over, and take steps to protect, the child's siblings. To see the entire decision, click on the link below. http://statecasefiles.justia.com//supreme-cou/s204622.pdf