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Recent Blog Posts

After a Family Law Hearing on Custody, Support or Some Other Issue How Does A Party Make an Order?

After a Court makes a decision in a family law case court hearing at which the judge issues an order, how does one make a record of what the judge said? I am often asked about Court Orders after a judge has made a decision in a family law hearing over a disputed issue. For… Read More »

Can My Spouse and I Divide Our Assets Prior to Filing for Divorce?

I often receive questions regarding dividing property prior to filing for divorce. Here’s a recent one: Question: My Spouse and I are planning to file a divorce. I’ve agreed to buyout my spouse’s portion of our home and transfer the house title through a Inter-Spousal transfer deed. I’m planning to draft a buyout settlement agreement…. Read More »

Is a Financial Statement Required When the Payor Wants to Change a Spousal Support Order after a California Divorce Judgment?

Is a financial statement required when the payor wants to change or terminate spousal support after a California divorce judgment was issued? I often receive questions about modifications of spousal support orders after a divorce judgment has been issued by the court. Recently, I recently received the question below regarding a post judgment spousal support… Read More »

How to Ensure Fluctuating Income from Bonuses or Commissions Is Included in Spousal Support and Child Support Orders in Los Angeles Divorce or Paternity Cases

Bonus Income and Ostler Smith Awards: Navigating Fluctuating Income in Support Proceedings in California Divorce or Paternity Cases One  of the important issues divorcing couples face is determining appropriate spousal and child support awards (For unmarried couples with children child support is usually an issue too). In cases where one party receives bonus income or… Read More »

Changes to 529 College Savings Accounts Next Year Will Influence California Divorce Spouses as the 529s Can Be Rolled Over to Roth IRAs

Excerpt: Starting in 2024, 529 education savings accounts can be rolled over into Roth IRAs under certain circumstances. People in California Divorce cases presently should take into account these changes in the law in drafting California divorce marital settlement agreements and, if necessary, litigating the issues in California divorce trials. Late last year, President Joe… Read More »

Dividing Children’s Health Costs Not Covered by Insurance: A Neglected Child Support Component of California Divorce and Paternity Cases

In every order for child support the court includes orders addressing health costs for the parties’ children which are not covered by insurance. Many parents forget about this important issue. The default order* of the court is that each parent is responsible for one half of these costs. Examples are co-pays for healthcare visits, blood… Read More »

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 »