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 »
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 »
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 »