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Category Archives: Divorce

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 the wife to show… 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 »

Child Custody Orders Can Be Changed in Los Angeles and Orange County Courts

Child custody orders can be changed by making a written request to the Court that issued the original child custody order. This is called a Request for Orders and is made using the FL-300 Request for Orders form. This is the same form one uses to obtain an initial child custody order. CUSTODY MODIFICATIONS DURING… Read More »

Learn How To Avoid Probate Using a Transfer on Death Deed for Real Estate

What is a California Transfer on Death Deed?  Why Should You Care? The California transfer on death deed allows property to be transferred to a new owner when the current owner dies The transfer does not require a probate of the estate. The current owner retains ownership and control over the property, including the right… Read More »

What Is the Difference Between a Prenup and a Premarital Agreement?

There’s no difference. The phrases prenuptial agreement and premarital agreement and the word “prenup” all refer to the same thing: an agreement signed prior to marriage which contracts to modify the rights and obligations of parties from the statutory rules which govern the characterization of real and personal property as community property, the division of… Read More »

How to Obtain an Order from the Court to Compel a Spouse to Contribute to Attorney Fees in a Divorce?

The Court can order one spouse to pay or contribute to the payment of attorneys fees for the other spouse in a divorce if there is a need. The law that authorizes this is Family Code Section 2030. The purpose of a § 2030 fee award is to ensure a party has sufficient resources to… Read More »