The Divorce Process in California Explained
A PRIMER ON THE DIVORCE PROCESS IN CALIFORNIA Just like any lawsuit, a divorce case has a beginning. a middle and an end. 1. The Beginning In California a divorce case begins with a summons and petition of divorce and a response to the petition. In cases with minor children, certain data such as the age, birthdate, and residence of… Read More »
Is Alimony Deductible and Reported as Income for Taxes?
Is Alimony (known as Spousal Support in California Family Law Courts) deductible by the payor and reportable income to the payee? On your California Return the answer is yes. In California if you receive alimony payments, you must report it as income on your California return. If you pay alimony to a former spouse/RDP, you’re allowed… Read More »
Do I Need a Lawyer to File for Divorce in California
I am often asked: “Do I need a lawyer to file for divorce in Los Angeles California? Do I need a lawyer to file for divorce in Orange County, Ventura, San Bernardino? The answer is: It depends. After more than 30 years of family law practice I am confident that many people can handle their… Read More »
How is spousal support changed if the payor moves out of California?
How is spousal support affected if the payor moves out of California? Question: In my divorce judgment I have to pay long term spousal support. Do I still have to pay spousal support if I move out of California? I am moving to get a better job. Answer: Spousal support is also known as alimony…. Read More »
Why Date of Separation Is Important in a California Divorce
I am often asked questions relating to the date of separation in California divorces. The date of separation is important to the division of community assets and debts in the divorce. It’s also important in determining the long term spousal support. Here’s an informative example: Question: My husband took out a big loan from his… Read More »
What Is the Difference Between a Prenup and a Premarital Agreement?
There’s no difference. The phrases prenuptial agreement and premarital agreement and the word “prenup” all refer to the same thing: an agreement signed prior to marriage which contracts to modify the rights and obligations of parties from the statutory rules which govern the characterization of real and personal property as community property, the division of… 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 »