Family Law

How does a finding of domestic violence between the parties affect their divorce or custody case? Such finding may result in a denial of spousal support to the abuser and affect the abuser’s custodial rights.  California Family Law Code section 3044 provides as follows: “Upon a finding by the court that a party seeking custody […]

What do Social Security disability benefits have to do with family law? Before we discuss how social security benefits may affect a divorce or support case, first we must distinguish the types of Social Security benefits.  There are two basic types: one is an insurance claim and the other is a welfare program.  The insurance […]

Pension plans are complex assets that must be divided through the use of a Qualified Domestic Relations Order.  Many spouses have a divorce judgment which provides for a division of the pension plan.  However, since payments from the plan do not commence until the participant spouse retires, many people failed to obtain a QDRO subsequently […]

Do you need to obtain a domestic violence restraining order against your ex-partner, former spouse or someone you used to date? Do you have questions as to whether the conduct of that person rises to a level that will satisfy the standard for a restraining order? In California, Family Law Codes sections 6320 and 6203 […]

In 2011, California has more than 240,000 consumer bankruptcy filings which account for approximately 17 percent of the filings nationwide.  While a bankruptcy allows a person to reorganize and/or discharge personal debts, the bankruptcy taints the filer’s credit score and remains on the credit report for up to ten years.  If your former spouse files […]

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 […]

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: But there is an alternative to getting […]

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.  […]

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 […]