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 »
Family Law Courts Can Deny Need Based Attorney Fees as a Sanction for Bad Conduct
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 »
15 Questions You Should Ask Potential Divorce Lawyers Before Hiring
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 »
Divorce Mediation Makes Sense Even with the Recalcitrant Spouse
Traditional litigation lawyers and parties are in adversarial roles. You can imagine that if one company sues another over trademark infringement for example, the case begins as a zero-sum game with a winner and a loser. It’s true most cases settle, but the mindset of the litigants is one of war. This can be the… Read More »
How Spousal Support is Determined in Los Angeles and Orange Counties
If there is a disparity in the income of spouses, a spouse may seek temporary support payments (commonly referred to as alimony). This occurs after a petition for divorce has been filed but before the divorce trial or stipulated judgment has been issued. The party seeking support asks the court through a formal, written request… Read More »
How to Obtain The Best Possible Outcome When You Have to Go to Court in Your Family Law Case
Four Steps to Improve Your Chances of Getting What You Desire In Family Law Hearings If You Are the Movant Submit Terrific Papers. Opposition Papers Should Be Filed As Early As Possible. Opposing Papers Should Attack the Weakness of The Movant’s Papers. Consider Telling Your Attorney You Don’t Want An Objection to The Evidence Pleading Filed…. Read More »