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Author Archives: ladivorcelawyer

Do I Need a Lawyer to File for Divorce in California

I am often asked: “Do I need a lawyer to file for divorce in Los Angeles California? Do I need a lawyer to file for divorce in Orange County, Ventura, San Bernardino? The answer is: It depends. After more than 30 years of  family law practice I am confident that many people can handle their… Read More »

How is spousal support changed if the payor moves out of California?

How is spousal support affected if the payor moves out of California? Question: In my divorce judgment I have to pay long term spousal support. Do I still have to pay spousal support if I move out of California? I am moving to get a better job. Answer: Spousal support is also known as alimony…. Read More »

Learn How to Modify Child Support Orders

Question: My son, age 18, moved out of my ex’s, the custodial parents, home and lives with me, the non-custodial parent, who pays child support, can child support get terminated? My son is still in high school* but has decided he won’t stay at his mom’s house, she’s the Custodial Parent and receives child support… Read More »

Dividing the house or other real property in a California Divorce

I am often asked questions similar to this one: Am I entitled to anything from a living trust in divorce if I paid the mortgage? My ex put the home that we are living in into a living trust before the marriage. For the last 5 years or so, I have been paying the mortgage… Read More »

The Rules About Serving and Filing Responses to Requests for Orders in Family Law Courts can be Confusing. Here is a Primer on What to Do and When to Do It.

The questions I was asked: My ex hired a lawyer and their lawyer served me with a request to modify custody by mail at the wrong address, but I was notified and received the papers. Do I have to serve a copy of my response to the request before I file it? Who do I… Read More »

Why Date of Separation Is Important in a California Divorce

I am often asked questions relating to the date of separation in California divorces. The date of separation is important to the division of community assets and debts in the divorce. It’s also important in determining the long term spousal support. Here’s an informative example: Question: My husband took out a big loan from his… Read More »

Paying Off Debts in a California Divorce

Here’s an example of a question I often receive: Before my marriage I had a 750-credit score. Now I’m getting a divorce and my score is around 500 due to foreclosure and a pile of charge offs in my name because she had bad credit when we got married and everything was put in my… Read More »

Small Business Owners Must Justify Their Business Deductions To Claim Reduction of Income Available for Child Support

In 2020 the California Appellate court held that a trial court erred by allowing depreciation deductions taken on equipment and other assets used in self-employed husband’s businesses (as listed on his income tax returns) to reduce amount of income available for child support. The court stated the burden was not on wife to show that… Read More »

Family Law Courts Can Deny Need Based Attorney Fees as a Sanction for Bad Conduct

Intersection of need based attorney fees and sanctions. Recently I posted regarding the two different types of attorney fee awards available in family law courts in California: need based and sanction based. Read the article here: https://lnkd.in/gKdYifpS In a recent family law matter, the trial court denied a party need-based attorney fees under Family Code §… Read More »

The difference between need-based attorney fees and sanction-based attorney fees in California family law courts.

There are two types of attorneys fees and costs awards: one based on need, and one as a sanction. Need based attorney fees/costs are controlled by FC 2030   Sanctions based attorney fees/costs are under FC 271. Need based attorneys fees and costs: California Family Courts are authorized to make an order requiring any party to litigation to… Read More »