Archive for the ‘Divorce’ CategoryThe Benefits of a “No-Court” DivorceMonday, January 30th, 2012A “no court” divorce, also called “collaborative divorce” is a way for divorcing spouses to resolve all the major issues of divorce outside of court. This gives control over important matters like property division, child custody, and support to the spouses rather than to a judge. It also costs a fraction of what both of spouses would spend fighting over these issues in court. Here is how a “no court” divorce generally works. (more…)
How Divorce Affects a Family-Owned BusinessFriday, December 23rd, 2011When a couple owns a business together, the dissolution of their marriage or registered domestic partnership has the potential to seriously harm their business. Because the business is likely to be one of the most valuable assets the couple has, protecting the business during the dissolution should be a joint priority. Both parties need to remember that unless there was a written agreement that the business would be the separate property of one of the parties, the community property will include the amount by which the business has appreciated during the marriage, and each of them will own half of that amount. (more…)
How to End a Short-Term Marriage or Domestic PartnershipWednesday, November 23rd, 2011The recent 72-day marriage of reality-show celebrity Kim Kardashian to NBA star Kris Humphries brings to light a poignant truth: sometimes, a legal relationship just isn’t going to be a happy one, and one or both persons know it within a very short time. In California, there are three possible ways to end a short-duration marriage or domestic partnership. (more…)
Getting Temporary Emergency Orders in San Diego Divorce and Family Law CasesFriday, October 28th, 2011If you have a divorce or other family law case pending in a San Diego court, there’s a difference between getting a temporary order and an emergency order. Temporary orders are common, and these are usually orders that a court makes after a hearing with all parties. But sometimes one side may ask the court to make an order immediately—without notifying the other side and without a hearing. This is called an “ex parte” order, and they’re not granted in the typical divorce or child custody case. (more…)
How to Handle an Upside-Down Property in a DivorceFriday, July 29th, 2011It once was the case that a jointly-owned house was a divorcing couple’s largest asset. However, in this poor economy, many divorcing couples find themselves with homes that are “upside-down,” worth less than amount owed on the mortgage. Upside-down property can be one of the most difficult assets to handle in a divorce. When a divorcing couple owns a house worth MORE than the mortgage, one of two things usually happen: (more…)
A Mediator is not a “Shared” Divorce LawyerMonday, June 20th, 2011Divorce can be long and expensive if spouses battle in court over child custody, the division of their belongings, and/or child support and spousal support (alimony). In many cases, a neutral, experienced divorce mediator can help the spouses reach an agreement on some or all of these issues, reducing the time and expense of court proceedings. In a typical mediation proceeding, each party consults separately with the mediator, and then the mediator brings both spouses together to craft a compromise agreement, which the spouses then sign. (more…)
Navigating the California Courts to Collect Unpaid SupportFriday, May 20th, 2011When a couple divorces, one spouse is often required to pay money to support the children (child support) and/or the other spouse (spousal support or alimony). Unfortunately, getting an award for support and collecting it are two different things entirely. It’s up to the spouse receiving the money to make sure that the money is being paid and to take action if it is not. Courts in California will not step in automatically. If your ex-spouse isn’t paying, then you or your attorney can ask the court to deduct support payments from their paycheck; this is called “wage garnishment.” (more…)
Relationship Conflicts and Divorce LawFriday, April 1st, 2011It’s well known that divorces can be difficult. Besides dealing with property division, alimony, child support, and visitation, the spouses must also cope with the array of emotions accompanying the end of their marriage. Those emotions can worsen already-existing conflicts and make the divorce process more difficult. As a sociologist recently explained, no marriage is conflict-free, and those conflicts may fall into one of four categories. First are “one-time, solvable problems,” which are conflicts created by a particular situation, not a clash of personalities. Second are “cyclical conflicts,” which are ongoing, but alternate between being a big problem at some times, a small problem at others. Third are “deal-breakers” – the sort of conflicts that cannot be solved by agreement, because they arise from a fundamental difference in personality or belief. Lastly, there are “wounding problems.” These conflicts arise over and over – like cyclical problems – but they tend to produce feelings of hurt and frustration, and can be very difficult to resolve. (more…)
Prenuptial and Co-Habitation Agreements in CaliforniaWednesday, December 22nd, 2010It was recently reported that actress Eva Longoria filed for divorce from her husband, NBA star Tony Parker, after allegations of infidelity on Parker’s part. Because the couple entered into a prenuptial agreement before their marriage, the agreement will determine how their assets are divided and whether any spousal support must be paid. California is a community property state. This means that property acquired during a marriage belongs equally to both spouses. However, couples can modify their property rights by contractual agreement. Prenuptial, or premarital, agreements allow couples to decide how property will be divided and/or spousal support paid should the marriage end. These agreements must be carefully drafted and comply with specific requirements in order to be enforceable. (more…)
Divorce and Facebook: Could You Be Hurting Your Own Case?Friday, October 22nd, 2010Do you know who’s looking at your Facebook page? Most people know that potential employers often check out your Facebook or MySpace profile before hiring you. But, this is also an important consideration if you’re going through a divorce. Your social media accounts (such as Facebook, MySpace, Twitter, YouTube, or LinkedIn) could contain a mountain of evidence that your soon-to-be ex spouse might use against you in court. The use of online evidence in divorce cases has become so common that Time magazine recently featured an article about Facebook and divorce. It has been reported by the American Academy of Matrimonial Lawyers that over the last five years, 81% of its divorce attorneys have dealt with evidence obtained from social networking websites. When someone is going through a divorce, these websites can serve as an outlet to express their feelings of anger, hurt, or disappointment. But sometimes, a person’s online posts may come back to haunt them. (more…)
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