Author Archives: ladivorcelawyer
Accused of Domestic Violence in California? Take These Steps to Prepare
Here are some steps that a person accused of domestic violence in California should take prior to the hearing: Understand the charges: The first step is to understand the charges against you. You should know what you are being accused of and what the potential consequences are. You may face criminal charges and/or civil charges… Read More »
Attorneys Fees as Sanctions: the Difference between the Family Code and the Civil Code
I recently wrote about attorney’s fees as a sanction and distinguished an award of attorneys fees as a sanction from attorney fees based on need in this post. I noted that Family Code Section 271 provides authority for sanctions against the adverse party (i.e. one’s ex). It does not authorize sanctions against the adverse party’s… Read More »
How do I add income from a small business to the California Income and Expense Declaration, form FL-150?
Question: If my spouse is self-employed with his own business, how should his income be stated in form FL-150 Income and Expense Declaration? On line (1.a) must he must state the name of his business, and on line (1.h) he must state his business’s gross income (before any taxes)? On line (7) must he must… Read More »
Is Income Earned After I Separated from My Spouse Community Property?
I am often asked about the date of separation in the context of a California Divorce. Question: Is income earned and property purchased after the date of separation, included in the division of community property in a California divorce? Answer: No. In California, income earned after the date of separation is separate property and is… Read More »
Can I Obtain an Ex Parte Emergency Order if My Ex Does Not Follow the Child Custody Orders?
I am often asked about Ex Parte Applications for Child Custody Orders. If you have heard the phrase Ex Parte, but aren’t sure what it means read this post. Here is a question I received today: Question: How do I word my ex parte application for a child custody order modification? My ex has 1st,… Read More »
If I Have More Money in my 401k Account Than my Spouse Must We Equalize It in a California Divorce?
I am often asked questions about retirement account division in California divorces. Here’s an example: “We are getting a divorce. I have $20,000 more than my husband in my 401k. Should we do a qualified domestic relations order (QDRO) or should I make an equalizing payment?” Answer: It would be simpler to just pay him… Read More »
Understanding Your Rights After a Custody Hearing in a California Paternity Case
I often receive questions about Findings and Orders After Hearing in California Paternity Cases similar to this one: QUESTION: “Have I received temporary child custody orders or a final judgment? I am currently in a parentage case in CA. I have been told (by a judge) I am a presumed father and was given… Read More »
How to Prepare the Judicial Council Form FL-142 Asset and Debt Declaration
Getting divorced is a lot harder than getting married. Among the many steps necessary during the divorce is preparing and serving the parties preliminary disclosures. PRELIMINARY DISCLOSURES The preliminary disclosures consist of the FL-142 asset and debt declaration, the FL-140 declaration of disclosure, the FL-150 income and expense declaration. Once you have prepared all of… Read More »
What Steps Can a Person Take to Prepare for Divorce in California
HOW TO PREPARE FOR A DIVORCE IN CALIFORNIA There are several steps a party can take to prepare for a divorce in California: Gather information. This includes acquiring and making copies of important financial documents, such as tax returns, bank statements, and investment portfolios. It is also important to obtain the data necessary for you… Read More »
After a Family Law Hearing on Custody, Support or Some Other Issue How Does A Party Make an Order?
After a Court makes a decision in a family law case court hearing at which the judge issues an order, how does one make a record of what the judge said? I am often asked about Court Orders after a judge has made a decision in a family law hearing over a disputed issue. For… Read More »