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Recordings made by one party without the other party’s knowledge are admissable in court and cannot be excludabled under Penal Code Section 632(d) if intended to obtain evidence for a Domestic Violence Restraining Order (DVRO). Many people know that in California recordings made without the other party’s knowledge or consent are generally inadmissable in court…. Read More »

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 »

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 »

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 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 »

Under California law, if you want to add your spouse to the deed of your house, you would typically use a grant deed. This deed transfers ownership interest in the property from you to both you and your spouse jointly. You would need to prepare and sign the grant deed, then have it notarized and… Read More »

Question: How can I prove my cash down payment towards the home I purchased before marriage ? I’m going through a divorce. I purchased my home five years prior to getting married and then added my spouse to the title later on when I refinanced. She now wants half the equity. I put $200,000 cash… Read More »

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 »

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 »

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 »