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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 »

Is Income Earned After I Separated from My Spouse Community Property?

I am often asked about the date of separation in the context of a California Divorce. Question: Is income earned and property purchased after the date of separation, included in the division of community property in a California divorce?  Answer: No. In California, income earned after the date of separation is separate property and is… Read More »

If I Have More Money in my 401k Account Than my Spouse Must We Equalize It in a California Divorce?

I am often asked questions about retirement account division in California divorces. Here’s an example: “We are getting a divorce. I have $20,000 more than my husband in my 401k. Should we do a qualified domestic relations order (QDRO) or should I make an equalizing payment?” Answer: It would be simpler to just pay him… Read More »

How to Prepare the Judicial Council Form FL-142 Asset and Debt Declaration

Getting divorced is a lot harder than getting married. Among the many steps necessary during the divorce is preparing and serving the parties preliminary disclosures. PRELIMINARY DISCLOSURES The preliminary disclosures consist of the FL-142 asset and debt declaration, the FL-140 declaration of disclosure, the FL-150 income and expense declaration. Once you have prepared all of… Read More »

What Steps Can a Person Take to Prepare for Divorce in California

HOW TO PREPARE FOR A DIVORCE IN CALIFORNIA There are several steps a party can take to prepare for a divorce in California: Gather information. This includes acquiring and making copies of important financial documents, such as tax returns, bank statements, and investment portfolios. It is also important to obtain the data necessary for you… Read More »

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 »