Marriage of Akhavain (2014 WL 853078)
Mar 05, 2014OUTCOME: Successful temporary child and spousal support appeal
Husband appealed an order awarding Wife $13,590 per month in temporary support. Court of Appeal affirmed.
Ben Phillips's Legal Cases (3)
Newport Beach, CA
Family Lawyer at Newport Beach, CA
Practice Areas: Family, Divorce & Separation ... +3 more
In Re Marriage of Manfer (2006) 144 Cal.App.4th 925
Nov 09, 2006OUTCOME: Successful Date of Separation Appeal
Marriage of Manfer is the seminal case on date of marital separation. The Court of Appeal held that the date separation is the date on which at least one spouse intends to end the marriage and his/her ... objective conduct bespeaks the finality of the marital relationship. "The question is not what society at large would have perceived, but what the parties’ ‘subjective intent’ was, as ‘objectively determined from all of the evidence reflecting the parties’ words and actions during the disputed time.'"
In Re Marriage of Deffner (2006) 143 Cal.App.4th 662
Sep 28, 2006OUTCOME: Successful Family Law Appeal
This appeal arose from Client's successful motion to set aside a Judgment of Dissolution of Marriage after the statutory time to file such a motion had run. “In an ostensibly uncontested dissolution, ... the husband’s attorney literally palmed himself off to the trial court as the wife’s attorney, submitting papers in which he was listed as the wife’s attorney when he was really representing the husband.” The appellate court found that the operative statute could not limit the trial court’s core power to decide controversies between parties. The holding was affirmed by the California Supreme Court. Initially published, the opinion was ordered depublished following Supreme Court review.
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