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 »
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 How to Describe Assets and Expenses on the FL-150 Income and Expense Declaration in Your California Divorce
Learn How to Describe Assets and Expenses on the FL-150 Income and Expense Declaration in Your California Divorce The FL-150 is a lot easier for most people getting a divorce in California to complete than it is to complete and compile the information on the FL-142 Asset and Debt Declaration. I address the FL-142 here…. 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 »
Learn How Social Media Posts Can Impact Your California Divorce or Paternity Case
In today’s digital age, where social media has become an undeniable part of life, navigating a divorce or a paternity case can be even more complex. While sharing updates and connecting with loved ones can be beneficial, careless posts can have a significant, and often negative, impact on your family law case in California. Here’s… Read More »
Attorneys Fees as Sanctions: the Difference between the Family Code and the Civil Code
I recently wrote about attorney’s fees as a sanction and distinguished an award of attorneys fees as a sanction from attorney fees based on need in this post. I noted that Family Code Section 271 provides authority for sanctions against the adverse party (i.e. one’s ex). It does not authorize sanctions against the adverse party’s… Read More »