Author Archives: ladivorcelawyer
Estate Planning Considerations During Divorce
You Should Update Your Estate Plan During a Divorce If you are going through a divorce, it is important to update your estate plan. This includes your will, your living trust (if you have one), your power of attorney, and your health care directive. Some estate planning documents you can change immediately by yourself or… Read More »
The Divorce Process in California Explained
A PRIMER ON THE DIVORCE PROCESS IN CALIFORNIA Just like any lawsuit, a divorce case has a beginning. a middle and an end. 1. The Beginning In California a divorce case begins with a summons and petition of divorce and a response to the petition. In cases with minor children, certain data such as the age, birthdate, and residence of… Read More »
What happens to my retirement accounts in a California divorce?
In California, all types of retirement benefits are considered community property, which requires the benefits to be divided upon a dissolution of marriage. Community property is the contributions you made and the service credit you accrued and/or purchased during your marriage or domestic partnership. Generally, your former spouse’s community property interest may be up to… Read More »
How Long Does a Divorce Take in Los Angeles California?
I am often asked “How long how long does it take to get divorced in Los Angeles County? (or Orange County, San Bernardino County, Ventura County, etc) Most lawyers play it safe and say ” It depends.” While that is true it’s not helpful. Based on my experience Post COVID California divorces are taking about… Read More »
Summary Dissolution–A Simpler Faster Way to Divorce in California
A summary dissolution is a simpler way to end a marriage or domestic partnership for couples who qualify and are able to cooperate in obtaining the divorce judgment. A summary dissolution becomes final 6 months after you file with the court. It’s less expensive. Our firm charges a flat fee: no retainers, no deposits, and… Read More »
Are bank accounts your spouse shares with their family member community property in a California divorce?
Question: I am getting divorced in Los Angeles. My wife has a joint checking account with her mother. We are divorcing. Is the joint account part of our community property? Answer: Maybe. If your wife can access the money but only the mother contributes to the account it is likely not a part of the… Read More »
What is a 2-2-3 Parenting Schedule in a Child Custody Order?
A 2-2-3 parenting schedule is a way that parents with joint physical custody of children divide the custody time. Many parents choose this schedule because it allows a reasonable amount of uninterrupted time with the children and the children are never apart from either parent for long. The phrase 2-2-3 in the context of a… Read More »
Please help me understand 1st, 3rd and 5th weekend child custody visitation
Child custody parenting schedules can be confusing. I am often asked questions about the “5th” weekend. Question: “My ex has visitation is ordered to be 1st, 3rd, and 5th weekends. To me it sounds as alternate weekends. But when 5th weekend comes, the 1st weekend of the new month is the following weekend (2 weekends… Read More »
Is Alimony Deductible and Reported as Income for Taxes?
Is Alimony (known as Spousal Support in California Family Law Courts) deductible by the payor and reportable income to the payee? On your California Return the answer is yes. In California if you receive alimony payments, you must report it as income on your California return. If you pay alimony to a former spouse/RDP, you’re allowed… Read More »
Learn What to Do if Your Ex Files an Ex Parte about Child Custody
I am often contacted by nervous parents who state that their ex has filed (or is about to file) an Ex Parte Application concerning modifying or creating a child custody order in Family Law Court. Often after I listen to their story, I am able to tell them to relax. The most common reason I… Read More »