Law
01
Aug
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 […]
17
Apr
Studies show that approximately 40% of children will experience the breakup of their parents’ marriage prior to turning 18 years old. Children of divorced parents are more likely to experience emotional and behavioral problems in comparison with their peers. Although there is a belief that some children are better off with divorced parents than living […]
12
Jan
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 […]
11
Jan
Obtaining a Domestic Violence Restraining Order You do not need to show that you suffered physical violence in order to obtain a Domestic Violence Restraining Order. One must show “abuse” which has many meanings in family law court. In California, Family Law Codes sections 6320 and 6203 set out the requirements for a domestic violence […]
13
Aug
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 […]
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 […]
22
Jan
New California Case Law May Render Certain Spousal Support Waivers Unconscionable and Unenforceable.
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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 […]
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 […]