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Recent Blog Posts

What To Do If Your Spouse Won’t Sign the Divorce Settlement Agreement Agreed on in Court?

Very often California divorces end with an agreement between the parties. Sometimes those agreements are reached in court. Are the agreements enforceable? Yes, they are. What if my ex won’t sign the written agreement after the court hearing? You can still get your judgment. Here’s how: Question: How can I ask the court to enter… Read More »

How Does the Payment of Temporary Spousal Support Influence the Final Jugment of Divorce: How Long Does Temporary Support Last?

Question: Our marriage lasted four years, and our dissolution has been pending for two years, with temporary custody and child support plus alimony orders issued by the court. Should the two-year period and the amount paid for temporary support influence the final judgment on child support and alimony?   Answer: Yes, temporary spousal support counts… Read More »

What Effect Does Infidelity Have on a California Divorce Case

Question: If one’s marriage ends due in whole or in part to infidelity, does the unfaithful spouse have to pay damages or lose any rights to the equal division of community property? What about custody? Does infidelity influence custody? Answers: Infidelity does not usually influence the division of property in a California Divorce. The process… Read More »

Secret Recordings Are Admissible When Used for Domestic Violence Restraining Orders

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 »

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 »

How Do I Add My Spouse to My House Deed? How Do I Change Property from Community to Separate Property?

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 »

Can I Receive Credit for My Down Payment on Our Marital Residence in a California Divorce

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 »