Dick & Wagner : Family Law

It is in our clients' best interests to be represented by lawyers who are on the cutting edge of their profession. For more than four decades, the firm has actively participated in writing books and articles on issues related to family law.

BOOKS

Complex Issues in California Family Law (LexisNexis/Matthew Bender), a ten-volume set of books on selected complex issues in family law which includes:

VOLUME A: Fiduciary Duties — Nature and Extent: Understanding Interspousal Fiduciary Duties in Current Family Law Practice. Now in 2nd edition.
VOLUME B: Fiduciary Duties — A Practical Approach: Handling Fiduciary Duty Issues in the Day-to-Day Practice of Family Law. Now in 2nd edition.
VOLUME C: Transmutations: Understanding, Defending and Challenging Changes in Property Ownership Between Spouses. Now in 2nd edition.
VOLUME D: Tracing Separate and Community Funds: Using Tracing Concepts in the Daily Practice of Family Law. Now in 2nd edition.
VOLUME E: Equitable Remedies — Moore-Marsden and Beyond: Apportionment and Reimbursement Based On Use of Funds to Benefit Another Estate
VOLUME F: Equitable Remedies — Pereira-Van Camp and Beyond: Apportionment and Reimbursement Based on Use of Efforts to Benefit Another Estate
VOLUME G: Family Law Business Valuations: Fundamental Legal Principles for Family Law Practitioners and Forensic Experts
VOLUME H: Family Law Business Valuations: The Mechanics of a Business Valuation
VOLUME I: Complex Financial Issues in Determining Support, Fees and Sanctions
VOLUME J: The Building Blocks of Family Law Cases: Characterization, Presumptions, Burdens and Standards of Proof and Interspousal Duties (to be released in the Fall of 2009)

TO ORDER: www.lexisnexis.com.

ARTICLES (Available in PDF format)

California Family Law Monthly Point of View Columns:

"Family Law Business Valuations," California Family Law Monthly, Point of View, Vol. 2016, No. 1, January 2016.
"The Building Blocks of Family Law: Burden and Standard of Proof, Characterization, Presumptions and Interspousal Fiduciary Duties, Part 3," Calilfornia Family Law Monthly, Point of View, Vol. 2015, No. 10, October 2015.
"The Building Blocks of Family Law: Burden and Standard of Proof, Characterization, Presumptions and Interspousal Fiduciary Duties," California Family Law Monthly, Point of View, Vol. 2015, No. 7, July 2015.
"The Building Blocks of Family Law: Burden and Standard of Proof, Characterization, Presumptions and Interspousal Fiduciary Duties," California Family Law Monthly, Point of View, Vol. 2015, No. 4, April 2015.

"Step-by-Step Approach to the Proper Characterization of Community and Separate Property," California Family Law Monthly, Point of View, Vol. 2015, No. 1, January 2015.
"Informing Your Client of Fiduciary Rights and Duties," Calfornia Family Law Monthly, Point of View, Vol. 2014, No. 10, October 2014..
Green + Watts = Imperato and Barnert -- 'Reverse Apportionment' Where the Community Business is Operated by One Spouse After Separation," California Family Law Monthly, Point of View, Vol. 2014, No. 7, July 2014.

"The Power of Family Code §§1100(e) and 2102," California Family Law Monthly, Point of View, Vol. 2014, No. 4, April 2014.

"When and to What Extent May Support be Made on a Retroactive Basis," California Family Law Monthly, Point of View, Vol. 2014, No. 1, January 2014.
"The Passage of Time as a Basis for Lowering or Terminating Support: When, If Ever, is Enough Enough?" California Family Law Monthly, Point of View, Vol. 2013, No. 10, October 2013.

"Trial Skills for Family Law Attorneys -- Sample Questions for Laying the Proper Foundation for Introduction of Documents," California Family Law Monthly, Point of View, Vol. 2013, No. 4, April 2013.
"Basic Elements of Trial Advocacy for Family Law Attorneys -- Direct Examination of Lay and Expert Witnesses -- Part Four," California Family Law Monthly, Point of View, Vol. 2013, No. 1, January 2013.
"Basic Elements of Trial Advocacy for Family Law Atttorneys -- Going Back to Basics for a Successful Evidentiary Hearing or Trial -- Part Two," California Family Law Monthly, Point of View, Vol. 2012, No. 7, July 2012.

"Basic Elements of Trial Advocacy for Family Law Attorneys -- Going Back to Basics for a Successful Evidentiary Hearing or Trial -- Part One," California Family Law Monthly, Point of View, Vol. 2012, No. 4, April 2012.
"In Re Margulis: An Important Tool in the Enforcement of Postseparation Duty to Account," California Family Law Monthly, Point of View, Vol. 2012, No. 1, January 2012.

"An Overview of Spousal Fiduciary Duties -- Before and After Separation," California Family Law Monthly, Point of View, Vol. 2011, No. 10, October 2011.
"Brooks and Robinson and Valli are Fundamentally Unsound, But There Are Ways to Eliminate or Minimize Their Effect,” California Family Law Monthly, Point of View, Vol. 2011, No. 7, to be published July 2011.

“The Building Blocks of Family Law Cases: Characterization, Presumptions, Burdens and Standards of Proof and Interspousal Duties Part III,” California Family Law Monthly, Point of View, Vol. 2011, No. 4, April 2011.
“The Building Blocks of Family Law Cases: Characterization, Presumptions, Burdens and Standards of Proof and Interspousal Duties Part II,” California Family Law Monthly, Point of View, Vol. 2011, No. 1, January 2011.

“The Building Blocks of Family Law Cases: Characterization, Presumptions, Burdens and Standards of Proof and Interspousal Duties Part I,” California Family Law Monthly, Point of View, Vol. 2010, No. 10, October 2010.

"What Should a Letter Requesting All Material Facts and Information Include? -- A Sample Letter," California Family Law Monthly, Point of View, Vol. 2010, No. 7, July 2010.
"When is Intent to Acquire as Separate Property an Essential Element of a Family Law Tracing?" California Family Law Monthly, Point of View, Vol. 2010, No. 4, April 2010.

"How an Equitable Apportionment Tracing Works," California Family Law Monthly, Point of View, Vol. 2010, No. 1, January 2010.

"Evidence Code § 622: The Presumption in Favor of the Truth of Factual Recitals in a Contract," California Family Law Monthly, Point of View, Vol. 2009, No. 10, October 2009.

"What is the Standard of Proof Necessary to Overcome the General Presumption of Community?" California Family Law Monthly, Point of View, Vol. 2009, No. 7, July 2009.

"The Building Blocks of Family Law Cases: Characterization, Presumptions, Burdens and Standards of Proof and Interspousal Rights and Obligations." California Family Law Monthly, Point of View, Vol 2009, No. 4, April 2009.

"No Increase in Value, No Moore/Marsden -- However, There is the Right of Reimbursement," California Family Law Monthly, Point of View, Vol 2009, No. 1, January 2009.

"Should Professional Fees be Awarded to a Spouse Who Bears the Burden of Postseparation Disclosure?" California Family Law Monthly, Point of View, Vol. 2008, No. 10, October 2008.
"The Effect of Societal Changes on Spousal Support," California Family Law Monthly, Point of View, Vol. 2008, No. 7, July 2008.

"What is the Proper Standard of Value in Family Law Business Appraisals and Who Decides Which Standard to Use?" California Family Law Monthly, Point of View, Vol. 2008, No. 4, April 2008.

“In re Marriage of Feldman: Teeth in the Bite of Family Code § 2107(c) – Part 2,” California Family Law Monthly, Point of View, Vol. 2008, No. 1, January 2008.
“In re Marriage of Feldman: Teeth in the Bite of Family Code § 2107(c),” California Family Law Monthly, Point of View, Vol. 2007, No. 10, October 2007.

“The Proper Application of the ‘Fair Market Value’ and ‘Investment Value’ Standard in Appraising Professional Practices or Businesses in a Family Law Matter,” California Family Law Monthly, Point of View, Vol. 2007, Page 207, July 2007.

“‘Retroactivity’ of Amendments to Family Code § 721(b)”, California Family Law Monthly, Point of View, Volume 2007, No. 4, April 2007.

“The Acknowledgment of the Importance and Complexity of the Practice of Family law in California – A Call to Arms,” California Family Law Monthly, Point of View, Volume 2007, No. 1, January 2007.

“Equitable Apportionment (Pereira-Van Camp) Tracing,” California Family Law Monthly, Point of View, Volume 2006, No. 10, October 2006.

“Equitable Apportionment for the Contribution of Community Efforts – When Do You Apply the Pereira Approach?,” California Family Law Monthly, Point of View, Vol. 2006, Page 183, July 2006.

“Equitable Apportionment and Restitution in Family Law Matters,” California Family Law Monthly, Point of View, Vol. 2006, No. 4, Page 87, April 2006.

“Tracing: Understanding The Step-Child Of Family Law–But Help Is On The Way”, California Family Law Monthly, Point of View, Vol. 2005, No. 10, Page 268, October 2005.

“Ethical Issues Relating to the Client’s Disclosure Obligations”, California Family Law Monthly, Point of View, Vol. 2005, No. 4, Page 85, April 2005.

“Fiduciary Duty in the Management and Control of Community Property”, California Family Law Monthly, Point of View, Vol. 2005, No. 7, Page 160, July 2005.

“Equitable Apportionment and Reimbursement: Is Consent to the Use of Community Funds for Separate Purposes a Defense to Moore/Marsden/Bono?”, California Family Law Monthly, Point of View, Vol. 2005, No.1, Page 12, January 2005.

“The Conflict Between the “Mediation Privilege” and “Full Disclosure” Requirements of the Family Code,” California Family Law Monthly, Point of View, Vol. 2004, No.11, Page 310, November 2004.

“The Importance of Fiduciary Duties in Modern Family Law Practice,” California Family Law Monthly, Point of View, Vol. 2004, No.5, Page , May 2004.
“Lifestyle Analysis, Down and Dirty,” California Family Law Monthly, Point of View, Lifestyle Analysis, Pub. 110, Page 6, January 2004.

“Marriage of Delaney: Something New and Something Old,” California Family Law Monthly, Point of View, Pub. 110, Page 273, November 2003.

Getting Back to Basics: Reimbursement of Mortgage Principal, Property Taxes, and Insurance,” California Family Law Monthly, Point of View, Pub. 110, Page 192, August 2003.

“Who’s on Deck?” California Family Law Monthly, Point of View, Pub. 110, Page 142, June 2003.

Other Articles:

“The Advantages of Using Informal Discovery Authorized by the Family Code Rather Than Formal Discovery Authorized by the Civil Discovery Act," ACFLS Newsletter, Winter 2008, No. 1.

"Classifying Fiduciary Duty Issues," Family Law News, Issue 3, Vol. 26, No. 3, Page 5, 2004.

“Transmutations of Property,” California Family Law Monthly, Vol. 2004, No.1, Page 65, April 2004.

“The Impact of Marriage of Delaney: No Good (Grant) Deed Goes Unpunished,” Family Law News, Winter 2003-2004, Vol. 26, No.1, Page 2.

"Does He or Doesn't She?" California Family Law Monthly, Vol. 3, No. 6, Page 225, Gainer.

"Tax Implications of the California Divorce," The Journal of California Taxation, Chapter 5, Vol. 3, No. 3, Page 27, Spring 1992.

"The Use of Litigation Consultants for Family Law Matters," News Alert, California Family Law Service, Vol. III, No. 5, Page 2, April 1989.

“To Disclose or Not to Disclose? That is the Question," California Family Law Monthly, Vol. 5, No. 1, Page 1, August 1988; Reprinted in Family Law News, Vol. 12, No. 3, Fall 1989.