Did you file for a legal separation? Did you change your mind and now want to seek a divorce?  Fortunately, the process is quite easy in California to change your legal separation petition to a petition for marriage dissolution.  If your case is still pending, you can file an Amended Petition using Judicial Form FL-100 […]

As a divorce attorney, I have seen it all.  I have seen doctors, lawyers, engineers and other professionals who earn a great living but, as a result of a separation or divorce, end up with no cash flow.  I always cringe when I have to tell my clients that yes, they have to split their […]

Most prenuptial agreements include a provision in which the future bride and groom agreed to waive their statutory right to receive spousal support from the other in case of a separation or divorce.  Sometimes, instead of a waiver, the parties will agree to limit the amount and duration of the spousal support payments. In January […]

Parents who receive uncertain or variable income such as commissions, bonuses or self-employment income generally fear that they will have to pay child or spousal support that exceeds their monthly income.  California law permits the court to make an Ostler-Smith support order (which is a holding from the case entitled In re Marriage of Ostler […]

Family Code Section 780 provides as follows: Except as provided in Section 781 and subject to the rules of allocation set forth in Section 2603, money and other property received or to be received by a married person in satisfaction of a judgment for damages for personal injuries, or pursuant to an agreement for the settlement or compromise […]

Under California family law codes, real properties acquired during marriage are generally presumed to be community property.  However, this presumption is triumphed by the “form of title” presumption which holds that the description in a deed as to how title is held is presumed to reflect the actual ownership interests in the property.  In other words, […]

If you have a high-conflict custody case, you may have heard of the term “minor’s counsel” from the other party or the court.  A “minor’s counsel” is an attorney appointed either by the court or by agreement between the parties to represent the interest of the minor children. California Family Code Section 3150 provides for […]

Tis the season! Unfortunately, there are no Christmas songs about making memories with your former spouse or creating a new family tradition for newly separated parents.  However, as a newly separated or divorced parent, you can still manage to have a great holiday season if you can put your “poor me, I’m divorced” mentality aside […]

I recently attended a seminar hosted by a very famous custody lawyer who handled custody disputes for various celebrities during his 50-year career.  The seminar was very informative and this famous custody lawyer discussed all of the things that parents do during the custody case that hurt, rather than help their case.  I must admit […]

How To Plan Your Divorce

If you strip a divorce of all the emotions such as resentment and anger, it very much resembles a business transaction.  In a business transaction, the parties will have to discuss their needs and the goal of the transaction and determine the best way to achieve the goal in a cost-effective manner.  In a divorce, […]