12
Aug
Benjamin Franklin once said, “[i]n this world nothing can be said to be certain, except for death and taxes.” What if death happens in the midst of a divorce or after judgment has been entered in a divorce case? California law provides that if a party dies while a divorce case is pending, then the […]
02
Oct
Getting divorce is an expensive undertaking. In some cities, it can cost on average $20,000.00 per party in a divorce case. In California, “[a] small trial can run from $40,000 to $80,000 in California (on the low-end) to $75,000 to $150,000,” says family law attorney Steve Mindel. Read more: http://www.businessinsider.com/cities-where-getting-divorce-will-cost-you-2013-11#ixzz3F1Acv479 But there is an alternative to getting […]
05
May
Top Five Myths about Divorce Court
- 0 Comments
Top Five Myths about the Divorce Court Whenever I meet with potential clients, I become more and more convinced that there is a rumor mill floating out there filled with misconceptions about the divorce court. These misconceptions about the divorce proceeding and the divorce court system are even shown in movies and other media outlets. […]
01
May
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 […]
19
Mar
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 […]
22
Jan
New California Case Law May Render Certain Spousal Support Waivers Unconscionable and Unenforceable.
- 0 Comments
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 […]
17
Jan
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 […]
25
Nov
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 […]
25
Nov
Title Presumption vs. General Presumption
- 0 Comments
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, […]
18
Nov
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 […]