Led by Stephen Kolodny with nearly 50 years of experience, KolodnyLawGroup works diligently to protect and assert its clients’ interests in their family law matters, as well as all other things they do for its clients. Its work has earned the firm a national reputation for excellence. When you are represented by the KolodnyLawGroup, you are protected by one of the preeminent family law firms in the country.To learn more about our team of professionals, please click on the individual names below.
We mourn the loss of our founding partner Stephen A. Kolodny who passed away peacefully on May 30, 2020 He was a force of nature and leaves behind a tremendous legacy in the Family Law community. As a master of his craft, Stephen gave us the gift of his mentorship. We are fortunate to follow in his footsteps and will always remember him as a fierce litigator, unwavering advocate, and loyal friend
MANAGING PARTNER
STEPHEN A. KOLODNY
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STEPHEN A. KOLODNY
kolodny@kolodnylawgroup.com
310.271.5533 Ext:214/215
EDUCATION:
College: Boston University
College of Business Administration
Boston, MA
BA, 1962
Post-Graduate: Boston University School of Law
Boston, MA, 1965
BAR ADMISSIONS:
January 1966 Admission to California State Bar
January 1966 Admission to Federal Courts
March 2004 Admission to United States
Supreme Court
CERTIFICATION:
From inception, 1980 California Board of Legal Specialization
Certified Family Law Specialist
PROFESSIONAL BACKGROUND:
September, 2013 – Present KOLODNY LAW GROUP
March, 1995 – September, 2013 KOLODNY & ANTEAU
Partner
1966 – March 1995 LAW OFFICES OF STEPHEN A. KOLODNY
Los Angeles, CA
SOCIETY MEMBERSHIPS:
Founding Diplomate, American College of Family Trial Lawyers, Executive Vice President (2005 – 2010)
Fellow, American Academy of Matrimonial Lawyers, Southern California Chapter (since 1981)
Fellow, International Academy of Matrimonial Lawyers, USA Chapter (since 1988), President of the USA Chapter (1996 to 1998)
Member, American Bar Association, Family Law Section (since 1972)
Member, The State Bar of California, Family Law Section (since 1966) (Certified Specialist)
Member, Los Angeles County Bar Association, Family Law Section (since 1966)
Member, Beverly Hills Bar Association, Family Law Section (since 1975)
Member, International Bar Association (since 1991)
Affiliate, American Institute of Certified Public Accountants
Affiliate, National Association of Certified Valuation Analysts
ACTIVITIES:
American College of Family Trial Lawyers (ACFTL)
Founding Diplomate
Original Member, Executive Committee
Executive Vice President, 2005 – 2010
CLE Chair, Spring Meeting, 2004
American Academy of Matrimonial Lawyers (AAML)
Member, Executive Committee, 2004
Past Member, Membership Committee
Past Member, Admissions Committee
Past Member, Attorney’s Fee Committee
Chair, Continuing Legal Education Program, 1994-1995
Past Member, Board of Governors
National Counsel, 2001-2002, 2002-2003
Member, American Law Institute Committee, 2004
American Academy of Matrimonial Lawyers, Southern California Chapter (AAML, SoCal)
President, 1994-1995
Vice President of Membership, 1987-1993, 1995-1997
Member, Long Range Planning Committee
International Academy of Matrimonial Lawyers (IAML)
Past Member, Board of Governors
Newsletter Publisher, 1993-1998
International Academy of Matrimonial Lawyers, USA Chapter (IAML – USA)
Chapter President, 1996-1998
Chair, Continuing Legal Education Committee, 2000
American Bar Association (ABA)
Family Law Section
Parliamentarian, Family Law Section, 1994-1995
Co-Chair, Family Law Trial Advocacy Institute (Houston), 1989-2007
Los Angeles County Bar Association (LACBA)
Family Law Section
Past Member, Executive Committee
Officer, Executive Committee, 1983
Chair Executive Committee, 1987-1988
Past Chair, Past Co-Chair, Child Custody Colloquium
Co-Designer/Co-Creator, Los Angeles Superior Court Family Law Mediation Panel
Past Judge Pro Tem
The State Bar of California
Disciplinary Hearing Officer
The Harriett Buhai Center for Family Law
Member, Advisory Committee Member, Executive Committee
California Society of Certified Public Accountants
Forensic Litigation Section
Guest Lecturer
HONORS:
Los Angeles County Bar Association
Family Law Section
Spencer Brandeis Award for Outstanding Contributions to the Practice of Family Law, 2009
American Academy of Matrimonial Lawyers
Recognition for Outstanding Efforts as a Member, Commission on All Family Law Principles, 2005
Boston University School of Law
Silver Shingle Award for Distinguished Service to the Profession, 2003
Southern California Super Lawyers Directory
Included in Southern California Super Lawyers Directory, 2004-2013
Named in Top 100, 2006, 2010-2013
Named one of the Top Ten Lawyers
Best Lawyers in America
Named and Listed since 1995
Worth Magazine
Town and Country Magazine
Named one of the Top 10 Divorce Lawyers in the Nation, 1998
California Lawyers Magazine
Featured, “The Divorce Duelers” (named one of the top ten), 1998
Best Lawyers in America
Recognized/Listed, 1993-2006
PUBLICATIONS:
National Board of Trial Advocacy (NBTA)
Author/Writer, Family Law Examination Questions, 2001
Los Angeles County Bar Association (LACBA)
Author, Family Law Contempts, Annually since 1987
Matthew Bender
Co-Author California Family Law Litigation Guide
Los Angeles Superior Court
Involved in the creation of recognized “conditions for bifurcating marital status”
Co-Author, The Divorce Practice Handbook, 1994
Contributing Author, Judge Mills Family Law Bench Book, 1980
Judicial Council
Co-Author, Family Law Judicial Council Forms
American Bar Association (ABA)
Family Law Section
Co-Author, The Divorce Trial Manual, published 2003
Author, Family Law Practice Form, Family Advocate
Article, “Evidence and Direct Examination,” published 1996
West’s California Family Law Forms
Original Creator
FACULTY MEMBER PARTICIPATION:
Houston Family Law Trial Institute
Creator/Co-Chair, since program split from ABA in 2008
National Board of Trial Advocacy (NBTA)
Program Speaker, Joint Program with ABA, 2000
American Academy of Matrimonial Lawyers (AAML)
Program Presenter, “Comparative Cross-Examination Techniques,” 2-day program, 2000
Program Presenter, “Marital Torts,” 1989, 1990-1992
Program Presenter, “Complex Litigation,” “Complex Evidence Issues and Strategies,” “Child Custody and Psychological Evaluation for Child Custody,” “Tort Remedies,” “Complex and Sophisticated Trial and Motion Practice,” “Custody Trials,” “Complex Property Trial Techniques and Tactics,” “Valuation and Division Issues,” and “Contempt Enforcement”
American Academy of Matrimonial Lawyers (AAML)
Ohio State Chapter
Program Presenter, “Rules of Evidence,” 2002
American Academy of Matrimonial Lawyers, Southern California Chapter (AAML, SoCal)
Annual Presenter at Trial Advocacy Institute, “Advanced Motion Practice,” “Complex Trial Strategy and Presentation,” 1993-1994, 1996-present
Program Presenter, 1989, 1990-1992
Nevada State Bar
Program Presenter for Advanced Family Law Seminar, “Evidence and Trial Practice in Family Court” and “Trial Tactics and Strategy”
Los Angeles County Bar Association (LACBA)
Program Presenter, “Family Law Contempts in California”
“Complex and Sophisticated Trial and Motion Practice”
“Custody Trials,” “Property Characterization,” “Valuation and Division Issues,” “Evidence,” and “Contempt Enforcement” author since 1987
Presenter, “How to Present and Defend Family Law Contempts,” 2000
Presenter, “How to Preserve and Attack Judgments,” 2000
Featured Speaker, “Family Law Contempts,” Family Law Symposium (co-sponsored with the Los Angeles Superior Court), 2004
Beverly Hills Bar Association (BHBA)
Presenter/Mock Trial, “Direct and Cross-Examination,” Bi-Annual AICPA/AAML Conference on Divorce
Presenter, “Trial Strategies and Tactics,” 2001, 2002
Presenter, “Complex and Sophisticated Trial and Motion Practice,” “Custody Trials,” “Property Characterization, Valuation and Division Issues,” “Evidence,” and “Contempt Enforcement”
American Institute of Certified Public Accountants (AICPA)
Guest Speaker/Panel Presenter, 2006
Presenter at National Conference on Divorce (joint program with AAML), “Advanced Litigations Services,” 2002
Panel Presenter, “Making the Most of the Experts: From Case Filing to Trial,” “Making the Most of the Experts: Effective Deposition vs. Trial Testimony,” “Making the Most of the Experts: Making Your Case and Surviving Cross-Examination,” “The Valuation Expert in Divorce: Advocate or Expert,” “Goodwill,” “Current State of California Family Law, As It Affects Forensic Accountants”
National Association of Certified Valuation Analysts (NACVA)
Guest Speaker/Panel Presenter at Annual Business Valuation Conference, “The Impact of State Laws on Valuations for Divorce,” 2001, 2003
American Bar Association (ABA)
Family Law Section
Co-Author, The Divorce Trial Manual, published 2003
Author, Family Law Practice Forms, Family Advocate
Presenter/Mock Trial Before London High Court
Justice/Florida Supreme Court Justice, as Counsel for Catherine of Aragon, Millennium Program, “The Marital Woes of King Henry VIII,” 2000
Program Presenter at joint program w/NBTA, “How to Conduct and Object at Depositions, Including Evidence Issues,” 2000
Program Presenter on subjects such as: “Complex Litigation,” “Complex Evidence Issues and Strategies,” “Child Custody and Psychological Evaluation for Child Custody,” “Tort Remedies,” “Complex and Sophisticated Trial and Motion Practice,” “Custody Trials,” “Complex Property Trial Techniques and Tactics,” “Valuation and Division Issues,” and “Contempt Enforcement”
Program Presenter, “Comparative Cross-Examination of Expert Witnesses,” 1988
International Academy of Matrimonial Lawyers (IAML)
Lecturer, “International Collection of Judgments” and “Enforcement of Matrimonial Judgments”
Los Angeles Study Group
Presenter, “Family Law Contempt,” 2004
Shannon Pratt
Panel Speaker, Teleconference, “Defending the Business Valuation in Court,” 2004
Family Law Society of Los Angeles
Presenter, “Child Support in High Wage Earner Cases,” 2003
Florida State Bar, Family Law Section
Presenter at Annual Family Law Symposium, “Trial Strategies and Tactics in Complex Cases,” 2001
San Fernando County Bar Association
Co-Presenter with Superior Court Judges, ” How to Properly Try a Contempt Case,” 2000
California Judges College
Presenter, “How to Try a Complex Family Law Case”
California Society of Certified Public Accountants
Forensic Litigation Section
Past Lecturer
PARTNER
LAUREN S. PETKIN
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LAUREN S. PETKIN
petkin@kolodnylawgroup.com
310.271.5533 Ext:212
EDUCATION:
College: University of California,
Berkeley, California
BS, Business Administration, 1980
Post-Graduate: University of Southern California
Gould School of Law
JD, May 1985
BAR ADMISSIONS:
June 1987 Admission to California State Bar
PROFESSIONAL BACKGROUND:
September, 2013 – Present KOLODNY LAW GROUP
March, 1995 – September, 2013 KOLODNY & ANTEAU
Partner (since 1999)
1988 – March, 1995 SIMKE, CHODOS, SILBERFELD & ANTEAU, INC.
Los Angeles
Associate
1983 – 1988 DONOVAN, LEISURE, NEWTON & IRVINE
Los Angeles
Associate
REPORTED CASES:
In re marriage of McTiernan and Dubrow (2005)
133 Cal.App.4th 1090
SPECIALIZATION:
Certified Mediator by the American Academy of Matrimonial Lawyers
SOCIETY MEMBERSHIPS:
Member, The State Bar of California, Family Law Section
Member, Los Angeles County Bar Association, Family Law Section (member of Executive Committee)
Member, Beverly Hills Bar Association, Family Law Section
ACTIVITIES/VOLUNTEER:
The Harriett Buhai Center for Family Law
In-house Volunteer
Pro Bono Counsel
Member of LACBA (Family Law) Daily Settlement Officer Program
Volunteer for the LACBA Domestic Violence Projet
Volunteer for Best Friends No Kill LA (“NKLA”) coalition. Wags and Walks animal rescue and Project Chicken Soup.
Member, Women’s Professional Network (a community network of successful and like-minded dynamic women)
HONORS:
Southern California Super Lawyer’s Directory
Included in Southern California Super Lawyers Directory, 2006-2013
PUBLICATIONS:
“The Dilemma of Practicing Safe Waivers of Qualified Retirement Benefits in a Prenuptial Agreement”, Journal of Asset Protection, 1996
MEDIA APPEARANCES:
Moderator/ Panelist at the LACBA 49th Family Law Symposium, for panel on “Effective Settlement Techniques for Family Lawyers” (May 2017)
Panelist at the LACBA programs “100 Days Before Trial” (March 2015) and “Evidence with the Masters: Family Code Section 217 Tamed” (March 2011)
Participant in webinars including “Getting Maximum Value in a Sale or a Family Owned Business, Potential Issues and Considerations” (April 2012), “Family Owned Business Issues in Divorce Proceedings” (October 2012). and “Sports and Media M&A and Investment” (June 2014)
Featured Guest, discussing various family law issues, “Men’s Dugout”, AM 830 KLAA Radio (six appearances, 2010)
PARTNER
HARLEE M. GASMER
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HARLEE M. GASMER
gasmer@kolodnylawgroup.com
310.271.5533 Ext:257
EDUCATION:
College: University of California at Los Angeles
Los Angeles, CA
BS, June 1982
Post-Graduate: Loyola Law School
Los Angeles
JD, June 1985
BAR ADMISSIONS:
November 1985 Admission to California State Bar
June 1986 Admission to United States District Court
March 1987 Admission to Ninth Circuit Court of Appeals
PROFESSIONAL BACKGROUND:
2013 – Present KOLODNY LAW GROUP
Partner
2004 – 2013 EJM DEVELOPMENT CO.
Co-Chief Operating Officer
1991 – 2004 KOLODNY & ANTEAU
Partner
1987 – 1991 COOPER, EPSTEIN & HOROWITZ
Beverly Hills
Associate
1985 – 1987 BALL HUNT HART BROWN & BONESTEEL
Los Angeles
Associate
REPORTED CASES:
In Re Marriage of O’Connor
SOCIETY MEMBERSHIPS:
Member, The State Bar of California, Family Law Section/Real Property Section
Member, Los Angeles County Bar Association, /Family Law Section/Real Property Section
Member, Beverly Hills Bar Association, Family Law Section
PARTNER
CAROLE AZRAN-DICKSTEIN
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CAROLE AZRAN-DICKSTEIN
azran-dickstein@kolodnylawgroup.com
310.271.5533 Ext:249
EDUCATION:
College: University of California at Los Angeles
Los Angeles, CA
BA, June 1981
Post-Graduate: Loyola Law School Los Angeles
Los Angeles, CA
JD, June 1985
BAR ADMISSIONS:
June 1986 Admission to California State Bar
December 1994 Admission to New Jersey Bar
December 1994 Admission to New Jersey Supreme Court
PROFESSIONAL BACKGROUND:
September, 2013 – Present KOLODNY LAW GROUP
Partner
2006 – September, 2013 KOLODNY & ANTEAU
Associate
1994 – 1997 LAW OFFICES OF LAURENCE J. CUTLER
Morristown, NJ
Associate
1988 – 1994 LAW OFFICES OF STEPHEN A. KOLODNY
Los Angeles
Associate
1985 – 1988 GOLDBERG & ANDRUS
Los Angeles
Associate
1985 LOS ANGELES SUPERIOR COURT
Judicial Extern – Family Law and Motion Department
REPORTED CASES:
In re Marriage of Dick
In re Marriage of Benjamin
SOCIETY MEMBERSHIPS:
Member, The State Bar of California, Family Law Section
Member, Los Angeles County Bar Association, Family Law Section
Member, Beverly Hills Bar Association, Family Law Section
Member, New Jersey State Bar Association
LANGUAGES:
Fluent French
PARTNER
HEIDI L. MADZAR
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HEIDI L. MADZAR
madzar@kolodnylawgroup.com
310.271.5533 Ext:251
EDUCATION:
College: Pitzer College
Claremont, California
Post-Graduate: Southwestern University
School of Law
Los Angeles, California
JD, December 1997
Law Review
ADMISSIONS:
September 1998 Admission to California State Bar
December 1998 Admission to United States District Court
PROFESSIONAL BACKGROUND:
September, 2013 – Present KOLODNY LAW GROUP
June, 2004 – September, 2013 KOLODNY & ANTEAU
Associate
Jan. 1999 – June 2004 LAW OFFICE OF FRANK O. FOX
Associate
1998 U.S. ATTORNEY’S OFFICE, TAX DIVISION
Law Clerk
PROFESSIONAL MEMBERSHIPS:
Member, The State Bar of California, Family Law Section
Member, Los Angeles County Bar Association, Family Law Section
Member, Beverly Hills Bar Association, Family Law Section
PARTNER
DEBORAH C. SUN
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DEBORAH C. SUN
sun@kolodnylawgroup.com
310.271.5533 Ext:252
EDUCATION:
College: University of California
Berkeley, CA
BA, Political Science, 2003
Post-Graduate: University of California, Davis School of Law
Davis, CA
JD, 2006
Executive Editor, U.C. Davis
Law Review, 2005-2006
BAR ADMISSIONS:
December 2006 Admission to California State Bar
February 2007 Admission to United States District Court,
Northern District of California
PROFESSIONAL BACKGROUND:
September, 2013 – Present KOLODNY LAW GROUP
June, 2008 – September, 2013 KOLODNY & ANTEAU
Associate
March 2007 – June 2008 SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
Family Law Clerk
Summer 2005 CALIFORNIA COURT OF APPEAL, FIRST DISTRICT
Judicial Extern to the Honorable Ignazio J. Ruvolo
Summer 2004 UNITED STATES ATTORNEY’S OFFICE, EASTERN DISTRICT
Civil Law Clerk
SOCIETY MEMBERSHIPS:
Member, The State Bar of California, Family Law Section
Member, Los Angeles County Bar Association, Family Law Section
Member, Beverly Hills Bar Association, Family Law Section
HONORS:
The Wiley W. Manuel Award for Pro Bono Legal Services by the State Bar of California, 2010
Witkin Award in Family Law, 2006
Southern California Super Lawyers Directory
Selected as “Rising Star” by Super Lawyers Directory, 2013
PUBLICATIONS:
Deborah C. Sun, Note, Intel Corp. v. Advanced Micro
Devices, Inc.: Putting “Foreign” Back into the Foreign
Discovery Statute, 39 U.S. DAVIS L. REV. 279(2005).
PARTNER
MARINA ZAKIYAN BECK
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MARINA ZAKIYAN BECK
beck@kolodnylawgroup.com
310.271.5533 Ext:267
PROFESSIONAL BACKGROUND:
September 2013 – Present KOLODNY LAW GROUP (Partner)
September 2011 – September 2013 KOLODNY & ANTEAU (Associate)
May 2009 – May 2011 SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES (Judicial Extern to the Honorable Scott M. Gordon and the Honorable Mark A. Juhas)
EDUCATION:
College – San Francisco State University – San Francisco, CA – B.A., Philosophy and Political Science – May 2005
Study Abroad – Oxford University – Oxford, UK – Studies in German Unification/ French Phenomenology – 2003
Post Graduate – Loyola Marymount University – Los Angeles, CA – M.A., Philosophy (Phenomenology) – May 2007
Post Graduate – Southwestern University School of Law School – Los Angeles, CA – JD, May 2011
BAR ADMISSIONS
December 2011 – Admission to California State Bar
December 2011 – United States District Court – Central District of California
LANGUAGES
Fluent Russian
MEMBERSHIP
Los Angeles County Bar Association, Family Law Section
Beverly Hills Bar Association, Family Law Section
PARALEGALS
Behind the highly accomplished attorneys at KolodnyLawGroup are a group of individuals that are an important part of the success of our firm. They are our paralegals.
PARALEGAL
BILL M. GONTA
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Paralegals
BILL M. GONTA
bill@kolodnylawgroup.com
310.271.5533 Ext:241
JEAN M. POPPA
jean@kolodnylawgroup.com
310.271.5533 Ext:234
MICHAEL P. WHITE
michael@kolodnylawgroup.com
310.271.5533 Ext:237
PARALEGAL
JEAN M. POPPA
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Paralegals
BILL M. GONTA
bill@kolodnylawgroup.com
310.271.5533 Ext:241
JEAN M. POPPA
jean@kolodnylawgroup.com
310.271.5533 Ext:234
MICHAEL P. WHITE
michael@kolodnylawgroup.com
310.271.5533 Ext:237
PARALEGAL
MICHAEL P. WHITE
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Paralegals
BILL M. GONTA
bill@kolodnylawgroup.com
310.271.5533 Ext:241
JEAN M. POPPA
jean@kolodnylawgroup.com
310.271.5533 Ext:234
MICHAEL P. WHITE
michael@kolodnylawgroup.com
310.271.5533 Ext:237
OUR EXPERTISE
At KolodnyLawGroup, we specialize in handling sophisticated and complex marital dissolution (divorce) issues as well as paternity, palimony, marital and domestic torts, and child abuse and child abduction cases. We draft, analyze, and litigate complex pre- and post- marital agreements. In addition, we have extensive expertise relevant to complex financial and property issues, high and extraordinarily high-income earner and support issues. At KolodnyLawGroup, we are committed to obtaining the results our clients seek. We will never compromise that goal.
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DISSOLUTION
With the passage of the Family Law Act of 1969 (effective January 1, 1970), California became the vanguard state in implementing a “no-fault” divorce system. In order to obtain a divorce before 1970, one spouse was required to prove that the other had engaged in “at-fault” conduct that caused the breakdown of the marriage, such as adultery, abuse or desertion — and at the same time, to guarantee the most favorable results, show himself/herself to be blameless. California’s enactment of “no-fault” divorce law narrowed the permissible divorce grounds (required reasons) to primarily irreconcilable differences and incurable insanity. This, and the enactment of the California Family Code in 1992 (operative January 1, 1994), were commonly hailed as reforms that would simplify divorce proceedings in this state. Most of the rest of the country is now “no fault.”
Despite these “advances,” DISSOLUTION — the act of bringing a marriage or registered domestic partnership to an end and determining the parties’ legal rights and obligations going forward — often remains a complex and daunting process. Not only is the legal system still difficult to navigate, but, in many cases, “fault” continues to be an underlying reality that must be addressed. (See, e.g., Domestic Torts.) The assistance of highly qualified family law attorneys, such as those of the KolodnyLawGroup, can make all the difference in obtaining a fair, just and comprehensive Judgment of Dissolution.
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CUSTODY & VISITATION
Which parent should a minor child primarily live with, and which should be the primary non-custodial parent — and in what respective proportions? Under California law, the answer to this difficult question lies in another question: What is in the “best interest of the child?” The KolodnyLawGroup recognizes that this conundrum can be one of the most contentious and emotional issues in family disputes.
Consistent with the law’s “best interest” standard is the importance placed on a child’s “frequent and continuing contact” with both parents, unless it is shown that detrimental circumstances exist, such as in instances of domestic violence or child abuse. We at the KolodnyLawGroup are acutely aware of the many factors that must be considered in striving to balance a minor child’s needs and parental desires.
Often a negotiated settlement of a custody/visitation dispute can be reached out of court with the able assistance of attorneys such as those at this firm; we try our best to achieve a negotiated settlement if it will be in the best interests of our client. When parents cannot agree, however, and the court is asked to resolve a custody matter, vigorous presentation of your case by our qualified family law team is part of what we are well-known to do for our clients. Your child’s health, safety and welfare are, rightfully, primary concerns of yours, the courts’, and ours. Advocating for your custody and visitation rights with this in mind is something the lawyers at KolodnyLawGroup are well-known to do.
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DOMESTIC TORTS
If a stranger hit you, took your children, stole your money, sold your car, invaded your privacy, tricked you out of your money, or committed any one of a number of other harms against you, you would have the right to sue them for damages to compensate you for your loss. When a stranger inflicts such harm it is called a civil tort. When a spouse, domestic partner, family member or certain third parties injure you, it is called a domestic tort and you may be entitled to a restraining order or compensation in the form of monetary damages for the improper conduct.
Since the 1970s, the common law doctrine of interspousal immunity (for civil wrongs of one spouse against each other) has changed so that, today, a spouse is entitled to the full protection of the law with the right to take legal action when they suffer harm at the hand of a spouse or family member. Whenever these types of torts are discovered, it is important to have competent and experienced attorneys, such as the attorneys of the KolodnyLawGroup, take prompt action to stop or reduce the effects of the harm, often through a court order called a restraining order or a domestic violence restraining order. Preventing the immediate or ongoing harm is the primary concern. Then, the victim of these domestic torts can either seek certain “damages” in the Family Law Action or may be able to file a civil lawsuit against the perpetrator for damages. As in all disputed matters, it is important to have highly competent counsel to represent you in such claims. KolodnyLawGroup has a long, successful history in handling such matters.
The area of domestic torts requires attorneys who are capable of thorough and immediate action to stop the harm(s) and who have the legal skill and creativity necessary to present the client’s best possible case in order to establish the value of the harm and damages. Domestic torts can include such acts as:
Physical Assault
- Assault & Battery
- Marital Rape
- Wrongful Death
- False Imprisonment
- Intentional Infliction of Emotional Distress
Breaches of Fiduciary Duty (Financial responsibility each spouse owes to the other)
- Fraud
- Failure to Disclose Assets
- Failure to Disclose Business/Investment Opportunities
- Misappropriation of Community or Separate Assets
- Interference with Custodial Rights
- Parental Kidnapping
- Tortious Interference with Custody
- Child Enticement (Inducement to leave the other parent)
- Civil Conspiracy (Third parties to assist with the above)
Invasion of Privacy
- Tapping Phones
- Unauthorized Accessing of Email Accounts
- Unauthorized Accessing of Computers
Breaches of Medical Privileges
Abuse of Psychological and Medical Testing by professionals
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PATERNITY
The most common form of action to establish parentage of a child born to non-married persons is the paternity action. A paternity action may be filed by the mother as a basis for obtaining child support or by a person who claims to be the father of a child seeking custodial and/or visitation rights. Establishing a parental relationship may be a prerequisite for determination of inheritance rights.
Although a paternity action characteristically is less time consuming and addresses far fewer issues than a divorce proceeding, it is very often a contentious, complex, and emotional process. The KolodnyLawGroup‘s skilled and knowledgeable legal experts strive to balance an aggressive approach to paternity issues with a respect for confidentiality of the parties and concern for the child’s well-being.
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INTERNATIONAL CHILD ABDUCTION
Lawyers at KolodnyLawGroup have extensive international contacts that may facilitate their ability to successfully assist you with an international custody matter, including an abduction.
In 1988, the United States Congress enacted the International Child Abduction Remedies Act (ICARA) to “establish procedures to implement the Convention on the Civil Aspects of International Child Abduction, done at The Hague on October 25, 1980.” The Hague Abduction Convention, a treaty between 78 ratifying countries, is the primary civil law mechanism for parents seeking the return of children who have been wrongfully removed from their country of “habitual residence.” The team of legal professionals at the KolodnyLawGroup, using their knowledge and contacts, working within the framework of ICARA and The Hague Abduction Convention, will provide you with a good chance of bringing about the prompt return of a child who has been internationally abducted or retained abroad.
The U.S. Department of State provides a useful website for obtaining more information regarding international parental child abduction, ICARA and The Hague Abduction Convention at: http://travel.state.gov/abduction/solutions/hagueconvention/hagueconvention_3854.html
Several of the partners at the KolodnyLawGroup are members of the International Academy of Matrimonial Lawyers. Membership in this exclusive organization allows us to call upon a broad network of professionals in foreign countries when it is appropriate to do so.
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Palimony/Non-Marital Cohabitation
The rights, duties, and obligations of persons engaged in a non-marital cohabitation (i.e., living together) relationship are determined by contract.
For sound practice, planning, and prudence, KolodnyLawGroup encourages those intending to engage in a live-in arrangement (or even a serious dating relationship which at least one participant perceives as living together) to enter into a well-defined written agreement in order to avoid inevitable disputes. KolodnyLawGroup is experienced in preparing and negotiating cohabitation agreements.
Ending non-marital cohabitation often results in complicated inquiries into the nature and existence of any express or implied agreements pertaining to the parties= acquisition and division of property and wealth, as well as any agreements defining financial support obligations, if any. As long as an express or implied agreement exists and is not against public policy (e.g., an agreement for meretricious sexual services), the courts will enforce such a contract. These cohabitation cases require unique sophistication in cross-over areas of contract, family, real estate, and domestic violence law. KolodnyLawGroup has extensive experience both in defending and prosecuting such family law-contract hybrid cases.
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MEDIATION
Mediation is an alternative form of dispute resolution whereby parties attempt to resolve their differences without going to court and therefore allows people to privately settle disputes they are unable to resolve on their own. The mediator is an active participant in the discussions and attempts to work out a solution with both parties, unlike an arbitrator who sits as a judge. Mediation has become very common in trying to resolve domestic relations disputes (divorce, child custody, visitation). We may act as your mediator or may act as your consulting lawyer if you are engaged in the mediation process with another mediator.
BECOMING A CLIENT
Once you’ve become a client of the KolodnyLawGroup, a knowledgeable team, who will become well-versed in all aspects of your case and readily available to you, will be assembled and prepared to pursue your goals.
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THE FIRST CALL
For those in need of a family law attorney, the selection process can be daunting. While you have most likely been referred to our firm by a lawyer you know, a former client, or a judge, regardless of our common connection, you will need to develop your own relationship with our lawyers. Your divorce may be one of the most intense and important events of your life. Trust and compatibility with your lawyer are very important.
Similarly, as there is often great demand for our services, we must first take the time to be certain that we are able to properly undertake your representation. Our intake process allows us to carefully consider whether or not we can appropriately allocate our time, which includes limiting taking other new cases and managing existing cases, so that we can fully commit to giving you the name and reputation of KolodnyLawGroup and the expertise and special skills that are used by the KolodnyLawGroup in connection with the handling, and strategic planning, of our cases.
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THE INTAKE PROCESS
Although this description is long, the process is swift and our goal is to have you into the office for you to decide about us by the next day.
When you call the firm for the first time, we will only collect some very basic information about your case. This preliminary information will help us to immediately determine if we have a conflict of interest and if we are able to properly handle your matter. After giving us your preliminary information, you can expect to promptly receive a return call letting you know if we will be able to represent you. If we are able to handle your matter, you will then have a brief telephone interview with one of the firm’s paralegals so that we can gather more detailed information to assist us in making the final determination about our ability and willingness to represent you. An appointment to meet with one of our attorneys will then be scheduled so that you can decide if you want us to represent you.
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WHAT TO EXPECT
A retainer agreement will formalize our professional relationship. The retainer agreement is for our mutual advantage and protection. The agreement we sign will detail each of our obligations during your representation. The specific terms and fees are partially determined by the facts specific to your case.
When you become a client of KolodnyLawGroup, a team will be assembled so that people knowledgeable about your case are readily available to you and so that services are provided to you by the lowest billing rate person we believe is appropriate for the task at hand.
Our ability to represent you depends on your providing us with complete and truthful information. We rely upon the full and complete truthfulness of the information you provide to us in formulating strategy, giving you advice and determining the best positions to be taken for you. Failure to provide full, complete, and truthful information, including withholding from us any negative information about you or issues in your case, can materially adversely affect the outcome of your case. Our ability to provide the best service on your behalf requires your continued cooperation in this regard.
KNOWLEDGE IS POWER
We believe that a client’s awareness of their rights and obligations is of paramount importance when dealing with the intricacies of family law—the more you know, the more empowered you are. Below, you will find important information and descriptions of legal terms, and some of our most important, case-law setting, appellate cases.
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APPELLATE CASES
Stephen A. Kolodny and other members of our firm were involved in two important appellate cases, referred to below. The appellate court decisions in these cases affected important issues in marital dissolution cases by either creating new law or confirming issues which were previously unclear.
In re Marriage of McTiernan and Dubrow (2005) 133 Cal.App.4th 1090 (35 Cal.Rptr. 3d 287)
Established that a creative person, one who doesn’t have a traditional business (such as a director or producer in the entertainment industry), does not have recognizable goodwill in a marital dissolution proceeding.
In re Marriage of Dick (1993) 15 Cal.App.4th 144 (18 Cal.Rptr. 2d 743)
Established two important points of law: 1) That a foreign national who is not permitted to reside in California full time can still be considered a “resident” for jurisdictional purposes; and 2) That spousal support could be ordered to be paid retroactive to the date of filing of the Petition for Dissolution, even though an Order to Show Cause (now “Request for Order”) for spousal support was not filed at that time, something that practitioners did not believe possible under the statutes as then written.
The legal effect of these cases remains important even today.
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EXPERTS
In high-stakes litigation, expert witness testimony is often a necessary and critical part of our litigation strategy. We will seek to elicit the support of the best available experts in all areas applicable to your case.
Aspects of many disciplines frequently come into play in family law matters. Qualified consultants and witnesses, experts whose specialties lie outside the realm of family law, often make a critical difference in a client’s case. For instance, experienced expert advice on the value and marketability of a property can be indispensable. Clients may need input from marriage counselors, domestic violence counselors, therapists, or financial or vocational consultants. The testimony of expert witnesses is an effective vehicle for presenting evidence on particular issues, and is likely to carry more weight than lay witness testimony. The following are examples of the kinds of expert consultants and witnesses who frequently augment the KolodnyLawGroup – Client relationship:
Forensic Accountant
Forensic Accounting comprises both litigation support and investigative accounting. The Forensic Accountant produces work that will stand up to legal or judicial review. That is, the Forensic Accountant must present results of such thoroughness and precision that his/her findings can be sustained in adversarial legal proceedings. The work of a good Forensic Accountant forms much of the basis for discussion, debate and, ultimately, resolution of a dispute.
Typical tasks performed by the Forensic Accountant include tracing property purchased with commingled community and separate funds during marriage; analyzing sources of income; performing financial audits; detecting fraud and irregularities in financial reporting; determining cash available to one party, and the other party’s or children’s needs, for spousal or child support; establishing a “marital standard of living” reference point; discerning community interest in a business enterprise; preparing a community property balance sheet; and assisting the client in fulfilling his/her legal duty to make a full and accurate disclosure of assets and liabilities.
Reasonable Compensation Expert
– or –
Executive Compensation Expert
A party’s potential for obtaining income is an important but intangible asset to consider when, for instance, seeking spousal and child support or the equitable division of property.
The Reasonable Compensation Expert determines the fair and proper level of pay for a party’s professional services, based in part on an analysis of that party’s skills and experience, market demand for same, and compensation of the party’s peers in the workforce.
Vocational – Employment Expert
– or –
“Vocational Counselor”
For the purpose of determining spousal support during and after the dissolution of a marriage, earning capacity may be attributed to the potentially supported party, as well as to the payor.
A Vocational Counselor’s task is to determine the extent of the supported party’s “marketable skills,” that is, his/her employability and wage earning capacity. Factors considered by the Vocational Expert are the time and expense that might be required for the party to obtain education or training, or retraining, to develop those skills he/she possesses. Also often considered is the extent to which the supported spouse’s present or future earning capacity is impaired by periods of unemployment incurred during marriage to permit him/her to devote time to “domestic duties.”
Business Valuation Expert
The Business Valuation Expert often brings the experience of a business broker, the owner of a similar business, a CPA, an economist, or a person experienced in mergers and acquisitions. This specialist performs an analysis, and opines on the value, of the marital estate’s claim to interests in business enterprises and related entities (for example, licensing rights), in contemplation of equitable distribution of property or the sale/disposition of a business.
Child Custody Evaluator
– or –
Child Psychologist – Psychiatrist
In any contested proceeding involving child custody or visitation, rightly of paramount importance to the court is the best interests of the child. To assist in reaching a custodial arrangement that will serve the minor child’s best interests, the court often appoints an independent Child Custody Evaluator, and directs that person to render a written, confidential report, which the court may consider.
Occasionally a party will disagree with the findings of the court-appointed Evaluator. That party and his/her attorney might then retain their own such expert, in the hope of rebutting the confidential report’s findings by pointing out its weaknesses. A Child Custody Expert might also present pertinent evidence as to a child’s special needs or interests, and as to various psychological factors to consider in deciding contested custody matters.
Forensic Document Examiner
– or –
Questioned Document Examiner
The Forensic Document Examiner is adept in sciences and techniques that evaluate the characteristics of signatures and other writings on questioned documents to determine identity, authorship, and authenticity. Such experts might sub-specialize in paper, typography or handwriting analysis. Contracts, marital agreements, wills, deeds, checks, and notary public authentications are examples of documents that may require the scrutiny of a Forensic Document Examiner.
Real Estate Expert / Appraiser
The Real Estate Expert assists in determining the fair market value and reasonable rental value of real property at issue in a marital dissolution action. This at-issue property might include real estate already sold by a party, or commercial real properties owned or controlled by a party. An experienced Real Estate Appraiser will also be of great value in deciding how current market conditions might make difficult or easy the sale of a property, whether for distribution of assets or for other reasons.
Fine Arts Expert / Appraiser
These experts (among whom one finds many areas of specialization) assist with determining the authenticity and fair market value of fine arts at issue in a marital dissolution action for eventual equitable distribution of property.
Personal Property Expert / Appraiser
The Personal Property Appraiser (who may also be a Fine Arts Appraiser of sufficient expertise under the circumstances) typically assists with determining the fair market value of furniture and furnishings at issue in a marital dissolution action for eventual equitable distribution of property. Such furnishings might include antiques, decorative arts, flatware and other household contents.
Jewelry Expert / Appraiser
The Jewelry Appraiser examines, researches and forms an opinion on the fair market value of jewelry (including gems, pearls, watches and some antiques) at issue in a marital dissolution action for equitable distribution.
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GLOSSARY
We’ve created this glossary of legal terms to provide our clients with a quick and easy reference for commonly used legal terms. It is meant to serve as a helpful resource. Please leave all legal matters to us.
170.6
The right to disqualify a judge for no real reason. Very short time limit to do so
Abandonment
When a parent leaves a child without enough care, supervision, support, or parental contact for an excessive period of time. This term also relates to absenting yourself from a residential property or giving up use or possession of an asset. “Abandonment” can be a very important issue in some aspects of a marital dissolution case.
Affidavit
A written statement that one swears to under oath in front of a notary public. (See also Declaration, as an alternative to Affidavit.)
Alimony (Spousal Support in California)
Payment for support of an ex-spouse (or a spouse while a divorce is pending) ordered by the court. (See also Spousal Support.)
ALLEGATION
A statement or claim that is made and hasn’t been proved to be true or false.
ARREARAGES
Child or spousal support that is not timely paid; may result in a contempt action for failure to pay pursuant to a court order.
AUTOMATIC TEMPORARY RESTRAINING ORDERS (ATROs)
These are orders that are automatically issued when the Summons is issued. They bind the Petitioner upon filing, they bind Respondent upon service of the Petition. The ATROs are (1) Removing minor children of the parties from California without prior written consent of the other party or prior written order of the Court; (2) Cashing, borrowing against, canceling, transferring, disposing of, or changing the beneficiaries of any insurance or other coverage, including life, health, automobile, and disability, held for the benefit of the parties and their child/children; (3) Transferring, encumbering, hypothecating, concealing, or in any way disposing of any property, real or personal, whether community, quasi-community, or separate, without the written consent of the other party or an order of the Court, except in the usual course of business or for the necessities of life; and (4) Creating a nonprobate transfer or modifying a nonprobate transfer in a manner that affects the disposition of property subject to the transfer, without the written consent of the other party or an order of the Court. Before revocation of a nonprobate transfer can take effect or a right of survivorship to property can be eliminated, notice of the change must be filed and served on the other party.
In addition, the ATROs advise the parties: You must notify each other of any proposed extraordinary expenditures at least five business days prior to incurring these extraordinary expenditures and account to the court for all extraordinary expenditures made after these restraining orders are effective. However, you may use community property, quasi-community property, or your own separate property to pay an attorney to help you or to pay Court costs.
Violation of the ATROs could result in a contempt of court finding or the imposition of sanctions.
No proof is required for these orders.
BIFURCATION OF ISSUE
The order of a judge in separating issues before the final trial so that one issue will be ruled upon before hearing evidence on the other issue (i.e., a bifurcated trial on attorneys fees). Most typically this term is used to describe an order to obtain an early termination of marital status.
BIFURCATION OF STATUS
The act of a judge declaring the parties legally divorced (i.e., they can remarry), before all issues are resolved. An early status termination generally contains conditions to protect the rights of the non-requesting party.
BURDEN OF PROOF
Burden of proof refers to whose job it is to convince the judge what court orders need to be made on a particular issue. Normally, the person who is asking the judge to make an order has the burden of proof. Except in contempt actions, normally the burden of proof is a preponderance of the evidence.
CHARACTERIZATION (of property)
Determination of whether property in dispute is “community property,” “separate property,” or “quasi-community property.”
CHILD SUPPORT
Court-ordered funds to be paid by one parent to the other parent for the support of a minor child. Usually the dollar amounts are based on the income of both parents, the number of children, the expenses of the custodial parent and the amount of time each parent has custody of the children. There is a presumptively correct, computer-generated Guideline calculation. There is a possible exception to the Guideline number for extraordinarily high income earner.
COMMINGLING(see also Transmutation)
Commingling occurs when separate and community funds are put into the same account. Commingling generally results in the commingled assets being community property. Under certain circumstances, tracing to separate property sources may be permitted.
COMMUNITY ESTATE
The aggregate of all property (real or personal) that is to be divided between the parties in a divorce and/or property settlement.
COMMUNITY PROPERTY
Property acquired by either spouse during the marriage, including the wages and other employment benefits (vacation time, pension rights, etc.) earned by either spouse from the date of marriage to the date of separation. All property acquired during marriage is presumptively community property. The presumption is rebuttable.
Conciliation Court
A mandatory mediation arm of the court, required to be used in all custody cases prior to the matter being heard in court.
CONTEMPT
A party’s willful failure to obey an order of the court. This can include failure to pay child support or spousal support. The court’s power to punish for contempt (called “citing” one for contempt) includes fines and/or jail time (called “imposing sanctions”).
CONTESTED
Any issue on which the parties cannot agree, and is to be decided by the court.
CUSTODIAL PARENT
The parent who has primary physical custody of the child.
CUSTODY
1) PHYSICAL CUSTODY: The time which a parent spends with their child;
2) SOLE PHYSICIAL CUSTODY: The child will reside with, and be under the supervision of one parent;
3) JOINT PHYSICAL CUSTODY: Each parent has significant periods of physical custody; shall be done to assure the child of frequent and continuing contact with both parents;
4) SOLE LEGAL CUSTODY: One parent has the legal right and responsibility to make decisions relating to the health, welfare and education of the child;
5) JOINT LEGAL CUSTODY: Both parents have the legal right and responsibility to make decisions relating to the health, welfare and education of the child.
DATE OF SEPARATION
Date upon which it is determined, by court order or agreement, that the parties have ended their marital relationship. The date of separation is important because, as a general concept, from that day forward, each spouse’s income is his/her own separate property. Prior to the date of separation, income generally is community property.
DECLARATION
A written statement that one swears, under penalty of perjury, that the statement is true and correct. A declaration is an alternative to an affidavit. (See also Affidavit.)
Declaration of Disclosure
A required Judicial Council form that is mandatory in every dissolution case before a judgment can be entered. Failure to make full and accurate disclosure may cause the judgment to be set aside and/or give substantial rights to the person who did not get the proper disclosure.
DECLARATION UNDER UCCJEA
UCCJEA stands for “Uniform Child Custody Jurisdiction and Enforcement Act.” This Judicial Council form is required upon filing a dissolution or legal separation where there are minor children. This declaration provides data about the present and prior residences of the children.
DEFAULT
Failure to respond in the prescribed manner within the time provided by law. The Respondent in a dissolution proceeding is required to respond within 30 days after service of the petition. This time limit is often extended.
DEPOSITION
The taking and recording of oral testimony of a witness under oath by a court reporter in a place away from the courtroom, done before trial in preparation for trial.
DISCOVERY
Actions to obtain information before trial through (1) demands for production of documents, (2) depositions of parties and potential witnesses, (3) written interrogatories (questions and answers), (4) requests for admission, and other similar things. All discovery is generally required to be complete 30 days prior to the first trial date.
DISSOLUTION
The termination of a marriage by legal action. Some states still require at least a minimal showing of fault, but no-fault divorce is now the rule in which “incompatibility” (irreconcilable differences) is generally sufficient to obtain a divorce.
DISSOMASTER
A computer program that is used to calculate guideline child support and get a computer-generated suggestion for spousal support.
DIVISION (of property)
After the property has been characterized and valued, the obligation of the court is to confirm separate property to the owner of that property and to evenly divide community property.
DOMESTIC VIOLENCE RESTRAINING ORDERS (DVRO)
See Restraining Orders.
EX PARTE
A hearing scheduled by one party on short notice, by 10AM on a day prior to the scheduled hearing date. An ex parte application requires a true emergency.
FIDUCIARY
A person who owes a high obligation to manage and protect property to another party. Generally, each party owes a fiduciary duty to the other spouse.
GROUNDS FOR DIVORCE
There are only two grounds for divorce in California: (1) insanity, which must be proven by professional testimony; and (2) “irreconcilable differences,” which is a finding that the court can make based merely on the statement of one party.
HAGUE CONVENTION
This generally refers to an international convention (law when adopted by a country) on child abduction/custody matters that are governed by an international agreement between countries to protect children from abduction and wrongful retention of a child. It is only effective as to countries that are “members” of the Hague Convention.
INTERROGATORIES
A series of written questions served upon the opposing party to discover specified facts regarding disputed issues in a dissolution proceeding. Answers to interrogatories are to be under oath and served within 30 days.
JOINDER (Motion)
A request for the court to add a third party or entity (i.e., community business) to the dissolution proceedings. Generally, joinder is only permitted when the person/entity has rights of custody or rights in, or to control, community property.
JOINT LEGAL CUSTODY
See CUSTODY
JOINT PHYSICAL CUSTODY
See CUSTODY
JURISDICTION
The authority given by the legislature to a court to try cases and rule on legal matters. In order for California to have jurisdiction to grant a dissolution of marriage, a party must have been a resident of California for 6 months prior to filing; no time limit is needed to file an action for legal separation or paternity. Generally, the person against whom an award is sought must be a resident of California.
LEGAL SEPARATION
A court-decreed right to live apart, with the rights and obligations being defined but without termination of marital status. The parties will remain married and cannot remarry.
MANDATORY SETTLEMENT CONFERENCE
A meeting, usually at the courthouse, with the spouses, their attorneys, and a settlement officer (a judge or attorney volunteering his/her time) to attempt to settle the case, or at least some of the issues, before trial. The MSC is usually scheduled at least 2 weeks before trial. Attendance of the parties is generally mandatory.
MEDIATION
A process in which the parties work, through discussion and compromise, in an attempt to reach an agreement/settlement, using a neutral third party (attorney, private judge, mediator).
MINOR'S COUNSEL
A court-appointed attorney for a minor child or children, to represent their interests in the custody and visitation issues.
MOTION
Formal request made to the court for an order. Motions require a written factual declaration and a written brief of legal authority for granting the motion (often called “points and authorities”). Motions are generally heard only on the filed papers, rarely on live testimony.
MOTION TO QUASH
A motion requesting the court to set aside or nullify an action, such as “quashing” service of a summons when there is no jurisdiction in California to handle the case.
NO-FAULT DIVORCE
California is a “no-fault” state. This means that in a divorce neither party has been accused of or found guilty of any misconduct; nor is it an “issue” in any proceeding.
Accordion Title
If records requested pursuant to a subpoena relate to consumer transactions (i.e., the opposing party’s phone bills, purchases, bank records, etc.) or to his or her job, notice must be given, at least 10 days prior to the requested production, advising the consumer that said records are being requested. The law gives the consumer the right to object to the witness producing the records for certain reasons, hence the notice requirement.
ORDER TO SHOW CAUSE
See REQUEST FOR ORDER
PATERNITY
An action in Family Court to establish the paternity of a child. DNA tests are often ordered in paternity cases. Determination of paternity is generally required before the court will issue orders for child support, custody, visitation and/or attorney’s fees. It is possible to seek orders prior to birth.
PETITIONER
The party who files the action.
QDRO
Qualified Domestic Relations Order. A QDRO is a court order declaring that one spouse shall be entitled to a portion of the other spouse’s pension as a part of the marital assets.
QUASI-COMMUNITY PROPERTY
Property accumulated by married persons while they lived in a non-community property state.
QUITCLAIM
To release or relinquish a legal claim; or a formal document relinquishing a claim, such as a quitclaim to property.
REQUEST FOR ADMISSION
A formal document requesting a party to admit or deny the alleged facts or documents. Potential substantial consequences may be imposed for false denials.
REQUEST FOR ORDER
A Request for Order (RFO) is filed with the court to request an order, or to change an existing order or judgment. If to modify an order, generally there must be a change in circumstances since the order or judgment sought to be modified was made.
REQUEST FOR PRODUCTION OF DOCUMENTS
A formal document requiring the production of documents for examination and copying.
RESPONDENT
The party against whom the action was filed.
RESTRAINING ORDERS
An order by the court whereby a party is ordered not to do certain things after proof of improper conduct. (See also ATROs.)
SEPARATE PROPERTY
Income and assets of a spouse earned before the date of marriage, after the date of separation, and money and other property received by gift or inheritance at any time.
SERVICE
The act of formally delivering legal papers. Some documents must be personally served. Most may be served by mail or delivery service. Service by e-mail is only permitted by agreement.
SOLE LEGAL CUSTODY
See CUSTODY
SOLE PHYSICAL CUSTODY
See CUSTODY
SPOUSAL SUPPORT
Payment for support of an ex-spouse (or a spouse while a divorce is pending) ordered by the court. Also called alimony.
STANDARD FAMILY LAW RESTRAINING ORDERS (On Summons)
See ATROs
STIPULATION
An agreement. Should be in writing and signed by the parties and their lawyers.
SUBPOENA DUCES TECUM
A document requiring a witness to bring documents in their possession or under their control, to a certain place at a certain time. This subpoena must be served personally on the person subpoenaed.
SUPERVISED VISITATION
Visitation between a parent and child with a third party present, usually a court approved person, so the visiting parent and child are not alone during visitation periods. Only ordered in extreme cases where a child may be in danger from the visiting parent.
TEMPORARY RESTRAINING ORDER
A court order made for a limited period of time until the court can conduct a more in-depth hearing on the issue(s) in dispute. A party’s request for a temporary order is often made when action is needed on an urgent basis. In extreme cases, these orders can be made without notice to the other party.
TRACING
Following the transfer of monies from their source.
TRANSMUTATION
The legal change of character of an asset from community property to separate property, or vice versa. (See also Commingling.)
Trial
The formal legal process in which the court (judge) receives evidence and testimony upon which the court will decide the dispute.
UNCONTESTED
When the issue has been resolved, the issue is said to be “uncontested.”
VALUATION (of property)
Determining the value of the property in dispute. This can be done either by stipulation or by appraisal by experts.
VENUE
The court location (state, county, city) where a case is filed and proceeds, or where it should be filed and proceed.
VISITATION
The time period when the non-primary custodial parent will have the children.
VOID MARRIAGE
A marriage that is not legally entered into and is invalid from its beginning. Void marriages are annulled and treated as though they never existed.
VOIDABLE MARRIAGE
A valid marriage that can be annulled if challenged, but that otherwise remains legitimate.
WAITING PERIOD
The waiting period refers to how long it takes to get a divorce in California; it always takes at least six months and one day before the court has the power to grant a divorce.
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LINKS
Below you’ll find a list of helpful links.2014 AAML TRIAL ADVOCACY INSTITUTE
2013 FAMILY LAW CONTEMPTS COVER AND BENCHBOOK
State Courts Online
- Alameda County
- Amador County
- Butte County
- Contra Costa County
- El Dorado County
- Fresno County
- Kern County
- Lake County
- Los Angeles County
- Marin County
- Mono County
- Monterey County
- Nevada County
- Orange County
- Placer County
- Riverside County
- Sacramento County
- San Bernardino County
- San Diego County
- San Francisco County
- San Joaquin County
- San Luis Obispo County
- San Mateo County
- Santa Clara County
- Santa Cruz County
- Solano County
- Sonoma County
- Stanislaus County
- Ventura County
- Yolo County
ON-LINE FAMILY LAW ORGANIZATIONS
- American College of Family Trial Lawyers
- AAML
- The AAML – Southern California Chapter
- IAML USA Chapter
- IAML – International
LAW LINKS
- California State Bar Association
- Find California Code
- CAL-LAW
- FindLaw California
- Meta-Index for U.S. Legal Research Collection of Databases
- Overview of Current CLE Requirements for Each State/Territory
- Los Angeles County
FORMS
IN THE COMMUNITY
KolodnyLawGroup has a long tradition of involvement in charitable and public service organization. Many of the firm’s lawyers have served, and continue to serve, in a variety of leadership roles for public interest and charitable organizations. We give back to support the causes that have changed lives for the better, or assist the disadvantaged members of our society, and we serve these organizations with the same passion and dedication we offer our clients. For example, we support:
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PRO BONO
The KolodnyLawGroup has proudly represented members of the United States Armed Forces, as well as many other low income individuals who could not afford to retain the firm but were in desperate need of help.
Many of the KolodnyLawGroup lawyers volunteer their time to perform services as court mediators as well as to several outside pro bono family law organizations that offer services to low income communities.
KolodnyLawGroup lawyers, paralegals and support staff volunteer their services to the Los Angeles County Bar Domestic Violence Project, regularly helping to staff that important service to help victims of domestic violence obtain court protection.
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HARRIETT BUHAI CENTER
Stephen A. Kolodny, on behalf of his prior law firm, accepted the Harriett Buhai Center for Family Law Hall of Fame Volunteer Award for 2010. The KolodnyLawGroup has made volunteer work at the Center a priority and encourages, supports and requests that all of our attorneys donate their time for this important organization.
Mr. Kolodny was an early supporter and director of the Harriett Buhai Center, and remains a member of its Advisory Council.
The mission of the Harriett Buhai Center for Family Law is to protect victims of domestic violence and improve the well-being of children living in poverty. The Center provides comprehensive legal assistance to victims of domestic violence, which includes sexual assault and stalking by intimate partners. The assistance includes direct legal assistance, pro bono representation, legal education, VAWA immigration, social service and mental health referrals for the victims and their children. A significant portion of the Center’s clientele report current or former histories of abuse.
The Center pioneered the delivery of pro per (self-representation) family law services in California. Its methods were adopted and then modified by the LA Superior Court in development of their family law self-help program. Self-empowerment is a key objective with an emphasis on building skills and increasing self-esteem. Through the Pro Per Program, the Center teaches self-advocacy by preparing individuals to represent themselves in the legal system. For those clients who are unable to represent themselves, a Pro Bono Panel of lawyers, including lawyers and paralegals from the KolodnyLawGroup, is available. The Center established one of the largest and only pro bono panels of attorneys representing low-income litigants in Los Angeles County and California, of which the v are part.
The Volunteer Program is one of only a few legal aid programs in the state that has as many volunteers devoted exclusively to helping low-income families with family law problems. The Center dedicates significant resources to recruit, train, manage and recognize volunteers who provide legal assistance to those in need. In 2009, 320 volunteer lawyers, law students and post-graduate interns contributed over 16,000 hours of legal work. The KolodnyLawGroup alone has single-handedly donated over 1000 hours to the Center in addition to funding so many of the other vital programs.
Additional information about the Center and becoming a volunteer and/or donor or participating in other meaningful ways can be found at its website, www.hbcfl.org.
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Firm-wide donation drive to provide items needed at LAMP facility.
Volunteers from the committee worked at the Dress for Success offices in addition to conducting a firm wide donation drive of business attire.
Ronald McDonald Charities 5K Walk
Compton Junior Posse
Volunteers from the committee assisted in organizing an event.
Volunteers from the committee worked in the kitchen and helped prepare meals for homebound clients. Other volunteers helped deliver those meals.
Union Station
Firm wide donation drive.
Firm wide donation drive of back-to-school supplies.
The committee invited the Cart for a Cause to visit the office for lunch.
Volunteers from the committee worked at the annual Adoption Fair.
Firm wide efforts to put together at least 20 Thanksgiving meals.
The firm “adopts” three families for the Holidays and provides food and gifts to and for each family member.The people at the KolodnyLawGroup have participated in MEND since 2011.
SOCIAL ACTION
In addition to financially supporting many local, national and international charities, KolodnyLawGroup believes service to the community is of paramount importance. The firm encourages and supports the investment of time and resources by its attorneys and staff to many local Los Angeles charities. Each year the Social Action Committee creates a calendar of monthly events benefiting local organizations, with a myriad of opportunities for participation. Some of the charities that benefited from the generosity of the firm are:
Firm-wide donation drive to provide items needed at LAMP facility.Volunteers from the committee worked at the Dress for Success offices in addition to conducting a firm wide donation drive of business attire.Ronald McDonald Charities 5K WalkCompton Junior Posse
Volunteers from the committee assisted in organizing an event.
Volunteers from the committee worked in the kitchen and helped prepare meals for homebound clients. Other volunteers helped deliver those meals.Union StationFirm wide donation drive.
Firm wide donation drive of back-to-school supplies.
The committee invited the Cart for a Cause to visit the office for lunch.
Volunteers from the committee worked at the annual Adoption Fair.
Firm wide efforts to put together at least 20 Thanksgiving meals.
The firm “adopts” three families for the Holidays and provides food and gifts to and for each family member.The people at the KolodnyLawGroup have participated in MEND since 2011.
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DV PROJECT
From its inception, the KolodnyLawGroup made the commitment to partner with the Los Angeles County Bar Association’s Domestic Violence Project. In addition to regular donations to the Project, our partnership includes a commitment to send one of our attorneys and an additional staff member (paralegal and/or secretary) to work at the Project each month for a day of volunteer services. As a further show of commitment to the Project, in July 2012, Stephen Kolodny accepted the honor of becoming the Domestic Violence Project’s Liaison with the Los Angeles County Bar Association.
The Los Angeles County Bar Association’s Domestic Violence Project has assisted victims of intimate abuse for more than 25 years at its two Los Angeles Superior Court clinics. One is located at Stanley Mosk Courthouse, in downtown Los Angeles. The other is located in the Pasadena Courthouse. More than 150,000 persons-women, men, and children-have received legal services since its inception.
Seeing nearly 5,000 persons per year, the clinics are the busiest of its kind in California, providing pro bono legal services so that victims may file for Restraining Orders against their abusers. More than 80% of the petitioners are female, and more than 68% of the petitioners have children in their violent homes. Attorneys, paralegals, and law students donate thousands of volunteer hours per year, and work alongside staff in handling the high-volume and dangerous matters.
Each victim of domestic violence has his or her own story, but most victims have suffered abuse for years before coming forward. Often, the very first time they have shared their story is upon entering the clinics. It is an important initial step for protection. The battered, bandaged, and bloody come forward, looking for access to justice as a means to safety.
Providing legal assistance to victims of domestic violence is the Domestic Violence Project’s primary mission. However, we also provide Preparation for Hearings, Law Enforcement Training, and Legal Education Seminars.
WEBSITE: Listen to victims’ stories by visiting their website at www.lacba.org/dvp.
CONTACT US
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KolodnyLawGroup
310.271.5533 (phone)
310.271.3918 (fax)
9100 Wilshire Boulevard
Ninth Floor, West Tower
Beverly Hills, California 90212
Email KLG
310.271.5533 (phone)
310.271.3918 (fax)
9100 Wilshire Boulevard
Ninth Floor, West Tower
Beverly Hills, California 90212
Email KLG
