California Divorce Blawg

Denise Richards Slaps Charlie Sheen With A Restraining Order

In a searing court attack on Charlie Sheen, actress Denise Richards alleges that her estranged husband is unstable, violent, addicted to gambling and prostitutes, and visits pornographic web sites featuring young men and girls who appear underage.  Click here for more on the story and to see a copy of the essay that Richards wrote to the judge.

Woman's Conviction For Domestic Violence Ends Right To Receive Spousal Support

California Family Code Section 4325 creates a rebutable presumption that a spouse convicted of domestic violence against the other spouse shall not receive spousal support.  In a recently published opinion the California Court of Appeals held that woman who was convicted of domestic violence against her husband could have her spousal support terminated even though the earlier settlement agreement awarding her the spousal support was the non-modifiable.  Click here to read the court's opinion.

New law includes pets in protection orders

Spurred by growing evidence of a link between domestic violence and animal abuse, Maine has enacted a first-in-the-nation law that allows judges to include pets in protection orders for spouses and partners leaving abusive relationships.  Click here for more.  My prediction:  similar statutes will soon be enacted by the California Legislature.

Do Spouses Have To Share HIV Info?

The California Supreme Court will sift through the ruins of the marriage of an AIDS-infected couple to decide what information partners must tell one another about past high-risk sexual activity.  Click here for more.

Religious Discrimination in Child Custody Cases

A recent article by UCLA law professor Eugene Volokh (PDF file available here) documents an astonishing pattern of systematic religious bias by family court judges. The clear message this article sends is that many family court judges are more likely to award custody of children to parents who hold religious beliefs similar to their own--even if more relevant considerations, such as the parents' moral character or history, would otherwise lead to a different outcome.  Click here form more.