Category Archives: Divorce
Understanding Bonus Income in California Divorce Cases: The Ostler-Smith Approach
If you’re a Californian contemplating divorce or currently undergoing one, and you or your spouse has a variable bonus income, understanding how this income is accounted for in support payments is crucial. This is especially true if the party paying support has both W-2 income and variable bonus income. One of the seminal cases in… Read More »
Will I Lose My Share of Our Home’s Equity in the Divorce if I Move Out?
Uncover the truth about home equity and property rights during a divorce in California. Learn why moving out doesn’t mean losing your share of the home’s equity. Navigating Home Equity Concerns During Divorce in California Deciding to divorce is a challenging decision, one that you may have grappled with for a long time. The situation… Read More »
Where Do I List Assets and Debts in My California Divorce Petition?
I am often contacted by people who are confused by the forms which California law requires they use for initiating or responding to a divorce filing. One of the most common questions relates to community property and debts and separate property and debts. Question: My spouse and I arebeginning the process for divorce in California…. Read More »
Navigating Mental Health Factors in California Family Law Court: A Guide for Contested Custody Cases
Navigating Mental Health Factors in California Family Law Court: A Guide for Contested Child Custody Cases Learn how mental health factors of parents are considered under the amendments to Family Code and how they impact contested custody cases in California Navigating Mental Health Factors in Contested Custody Cases: A New Era in California Family Law… Read More »
My Ex Was Ordered to Sell a House in Our Divorce and Divide the Proceeds. It Has Been Two Years. What to Do?
Question: My ex was ordered to sell a house by the court in our divorce and divide the proceeds with me. They have not sold the house and it has been 2 years. What can I do? Answer: In California, if your ex-spouse has failed to comply with a court order to sell a property… Read More »
Does Temporary Spousal Support Have an End Date in California?
Question: If temporary spousal support (alimony) is awarded, will that temporary support order have an end after the standard “half the length of the marriage” or does the temp support continue until there is a final judgment? I had a short marriage of 18 months. Answer: This is a great question. Unless the court order… Read More »
Learn About Obtaining Information For a Domestic Violence Case from the Adverse Party
As of January 1, 2024, the Civil Discovery Act does not apply to matters under the Domestic Violence Prevention Act (DVPA) absent a good cause showing. INTRODUCTION: The applicability of the Civil Discovery Act to DVPA matters was a point of contention. In cases of alleged Domestic Violence some litigants would seek discovery under the… Read More »
What Effect Does Marital Infidelity Have on a California Divorce
Question: If one’s marriage ends due to infidelity, does the unfaithful spouse have to pay damages or lose any rights to the equal division of community property? What about child custody? Does infidelity influence the parenting time schedules or custody? Answers: Infidelity does not influence the division of property in a California Divorce. In California,… Read More »
Learn How Prenuptial Agreements Can Make Sense for You and Your Partner
Good Reasons for a Prenuptial Agreement Without a prenuptial agreement, divorce is complicated. With one it’s not easy peasy but it is less complicated. Reason 1 – Under the statutory law in California, once married half of all earnings, property accumulated from those earnings during marriage including your retirement, as well as the increaese in… Read More »
Understanding Automatic Temporary Restraining Orders in Effect in a California Divorce
When you file for divorce in California, Automatic Temporary Restraining Orders (ATROS) take effect immediately upon service of the petition of divorce. These are designed to protect both parties and maintain the status quo until further court orders are issued. While ATROS can be confusing, understanding their scope and implications is crucial for any divorce… Read More »