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 »
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 »
Learn About Obtaining Information For a Domestic Violence Case from the Adverse Party
As of January 1, 2024, the Civil Discovery Act does not apply to matters under the Domestic Violence Prevention Act (DVPA) absent a good cause showing. INTRODUCTION: The applicability of the Civil Discovery Act to DVPA matters was a point of contention. In cases of alleged Domestic Violence some litigants would seek discovery under the… Read More »
Learn How California Courts Deal with Child Custody Issues in Domestic Violence Restraining Order Cases
California laws regarding child custody and visitation in the context of Domestic Violence Restraining Order Cases have been changed. If domestic violence or drug/alcohol abuse is alleged, amended Family Code Section 3011(a) requires courts to consider virtual visitation and grant unsupervised visitation only if the court finds that such visits are in the child’s best… 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 »
Learn How Social Media Posts Can Impact Your California Divorce or Paternity Case
In today’s digital age, where social media has become an undeniable part of life, navigating a divorce or a paternity case can be even more complex. While sharing updates and connecting with loved ones can be beneficial, careless posts can have a significant, and often negative, impact on your family law case in California. Here’s… Read More »
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 »
How do I add income from a small business to the California Income and Expense Declaration, form FL-150?
Question: If my spouse is self-employed with his own business, how should his income be stated in form FL-150 Income and Expense Declaration? On line (1.a) must he must state the name of his business, and on line (1.h) he must state his business’s gross income (before any taxes)? On line (7) must he must… 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 »