California’s New Joint Petition for Divorce—A Collaborative and Economical Start to Your Life’s New Chapter
California’s New Joint Petition for Divorce—A Collaborative and Economical Start to Your Life’s New Chapter For decades, starting a divorce in California meant one spouse had to “sue” the other, creating an adversarial tone from day one. However, as of January 1, 2026, a new, transformative legal pathway—the Joint Petition for Dissolution, Judicial Council (Form FL-700), allows… Read More »
Is a Pension of One Spouse a Community Property Asset in a California Divorce?
I receive questions like this with some frequency: QUESTION: I married after I retired and starting receiving a pension. Now, I am getting divorced. Is my spouse entitled to part of my pension in the divorce settlement? ANSWER: No, under these facts in a California Divorce the pension is the separate property of the spouse… Read More »
Dividing the Home in Divorce: Understanding reimbursement for Unequal Contributions to the Down Payment of the Marital Residence. Cal. Family Code 2640
QUESTION: How is equity from a home sale divided in a California divorce if each spouse contributed to the down payment from pre-marriage funds but one spouse contributed more of the down payment from pre-marriage funds? FACTS: I got married three years ago. Shortly after marrying, we bought a house together. We both contributed to the… Read More »
I Have Never Had A Couple Get Divorced After Getting a Prenuptial Agreement
This is obviously clickbait. But, it’s true. In my career I have never had a couple who retained me to prepare a prenuptial agreement for them file for divorce. The implication is that Prenups make marriages stronger, right? Well…no. I believe that couples who who agree that they want a prenuptial agreement and come to… Read More »
MORE ON MOORE MARSDEN: DIVIDING A HOUSE OR OTHER REAL PROPERTY IN A CALIFORNIA DIVORCE
If you get a divorce in California and one spouse purchased real property before the marriage the other spouse may have a community property interest in the house by operation of law. Very commonly people get married and one of them already owns a house. If they get a divorce the Court will not give… Read More »
Who Gets the House When a Married Couple Are Separated And the Spouse In the House Dies? Learn How to Protect Your Rights
Who gets the house when husband and wife are separated at time of death? Question: Husband and wife own house together in California as joint tenants. They split in 2001, after which wife is the only occupant of the home. She pays all of the property taxes, utilities, and maintenance thereafter.They never seek a divorce… Read More »
J Lo Filed Her Divorce Petition Without a Lawyer, If Jennifer Lopez Does Not Need a Divorce Lawyer Do You?
Jennifer Lopez is crazy rich. So is Ben Affleck. Obviously, both of them can afford to hire lawyers. And both of them have been married multiple times. So why did she file by herself? The reason has not been made public, but I’m willing to bet that the reason is she and Ben are working… Read More »
Californians Going Through Divorce Should Address Their Estate Plan
Summary: One should consider starting on one’s estate plan modifications prior to completing your divorce. A living trust empowers Californians by avoiding probate, ensuring privacy, and adapting to life’s twists and turns. A living trust should be the basis of a California residents estate plan. Introduction: As soon as you know that your marriage is… Read More »
Am I Stuck with Our Home Loan In a Divorce Since Only My Name Is On It?
What are my rights to my home if I divorced? What happens to the loan if it’s only in my name? Am I stuck with it? QUESTION: My husband and I own a home and have kids. We bought the home together during our marriage. It is titled in both our names.However, after a recent… 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 »