Question: If one’s marriage ends due to infidelity, does the unfaithful spouse have to pay damages or lose any rights to the equal division of community property? What about child custody? Does infidelity influence the parenting time schedules or custody? Answers: Infidelity does not influence the division of property in a California Divorce. In California,… Read More »
Good Reasons for a Prenuptial Agreement Without a prenuptial agreement, divorce is complicated. With one it’s not easy peasy but it is less complicated. Reason 1 – Under the statutory law in California, once married half of all earnings, property accumulated from those earnings during marriage including your retirement, as well as the increaese in… Read More »
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 »
I am often asked about Ex Parte Applications for Child Custody Orders. If you have heard the phrase Ex Parte, but aren’t sure what it means read this post. Here is a question I received today: Question: How do I word my ex parte application for a child custody order modification? My ex has 1st,… Read More »
Child custody parenting schedules can be confusing. I am often asked questions about the “5th” weekend. Question: “My ex has visitation is ordered to be 1st, 3rd, and 5th weekends. To me it sounds as alternate weekends. But when 5th weekend comes, the 1st weekend of the new month is the following weekend (2 weekends… Read More »
The Rules About Serving and Filing Responses to Requests for Orders in Family Law Courts can be Confusing. Here is a Primer on What to Do and When to Do It.
The questions I was asked: My ex hired a lawyer and their lawyer served me with a request to modify custody by mail at the wrong address, but I was notified and received the papers. Do I have to serve a copy of my response to the request before I file it? Who do I… Read More »
Here’s an example of a question I often receive: Before my marriage I had a 750-credit score. Now I’m getting a divorce and my score is around 500 due to foreclosure and a pile of charge offs in my name because she had bad credit when we got married and everything was put in my… Read More »
Intersection of need based attorney fees and sanctions. Recently I posted regarding the two different types of attorney fee awards available in family law courts in California: need based and sanction based. Read the article here: https://lnkd.in/gKdYifpS In a recent family law matter, the trial court denied a party need-based attorney fees under Family Code §… Read More »
How to Obtain an Order from the Court to Compel a Spouse to Contribute to Attorney Fees in a Divorce?
The Court can order one spouse to pay or contribute to the payment of attorneys fees for the other spouse in a divorce if there is a need. The law that authorizes this is Family Code Section 2030. The purpose of a § 2030 fee award is to ensure a party has sufficient resources to… Read More »
Asking questions about an attorney’s qualifications and skills can be embarrassing and a little intimidating. A divorce is one of the most important events in your life. It makes sense to enquire about the attorney’s background and experience. Here are 15 Questions You Should Ask Potential Divorce Lawyers Before Hiring. Your lawyer should be able… Read More »