How to Present Evidence in a Child Custody Case in California
QUESTION: How do you document your evidence in a child custody case? How do you organize it and present it to the Court? I am currently in a child custody case with my ex. I have numerous text messages and screenshots showing relevant events and facts I believe the judge should consider at our child… Read More »
Can I Return to My Home State to File for Divorce or Must I File in California
QUESTION: Can I file for divorce in Texas while residing in California if I got married in Texas? I am from Texas and my husband is from California. We got married in Texas and then moved to California. We had our baby in California as well and now I am seeking out divorce and seeing… Read More »
My Ex Was Ordered to Sell a House in Our Divorce and Divide the Proceeds. It Has Been Two Years. What to Do?
Question: My ex was ordered to sell a house by the court in our divorce and divide the proceeds with me. They have not sold the house and it has been 2 years. What can I do? Answer: In California, if your ex-spouse has failed to comply with a court order to sell a property… Read More »
What Effect Does Marital Infidelity Have on a California Divorce
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 »
Learn How Prenuptial Agreements Can Make Sense for You and Your Partner
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 »
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 »
Can I Obtain an Ex Parte Emergency Order if My Ex Does Not Follow the Child Custody Orders?
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 »
Please help me understand 1st, 3rd and 5th weekend child custody visitation
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 »
Paying Off Debts in a California Divorce
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 »