Generally, the community estate is liable for any debts that you, or your spouse, incurred before or during your marriage. However, if the debt was incurred as a result of harming another or harming another’s property, liability for the debt may in some cases be first satisfied from your separate...... Read more
What Does “Disturbing the Peace” Mean Under the Domestic Violence Prevention Act?
When you hear the term domestic violence, physical violence most likely comes to your mind. However, what you may fail to realize is that domestic violence encompasses much more than just physical...... Read more
Why do my Divorce Papers Mention Family Law Restraining Orders?
You may have noticed that your divorce paperwork mentions Standard Family Law Restraining Orders. Upon seeing those words, you may have wondered, “What are Standard Family Law Restraining Orders?” and “Do they apply to...... Read more
What is the Law on Child Support for Adult Children?
A parent’s principle obligation is to financially support his or her minor children according to his or her circumstances and station in life. Fam. Code §4053(a). While this is a well-known fact, many parents fail to realize that they may...... Read more
A deposition is a useful discovery tool for gathering information in a case. An oral deposition is the taking of a statement of a witness or party under oath and transcribed by a court reporter. At trial the transcript can be used to refresh the witness’ recollection, prove inconsistencies,...... Read more
In July of 2015, the California Supreme Court in the case Marriage of Davis set a bright line rule as to when a "date of separation" occurs between divorcing couples. That date is very important, because as of the date of separation, in general, the earnings of the parties are their...... Read more
If you have a child custody order from a different state and you or the other parent reside in California, you should strongly consider registering the order in California in case enforcement is necessary. To register your out-of-state order, you will need the following:
Two copies of the...... Read more
How are Retirement Plans Divided at Divorce?
Retirement funds contributed to during marriage including company match is considered community property. The biggest question divorcing couples ask; "How do we divide retirement accounts earned during marriage?" The answer is with a Qualified...... Read more
Divorce Option Workshop sponsored by Sacramento Collaborative Practice Group
If you are facing divorce or separation ...
attend a Divorce Options™ workshop, a low-cost public education workshop offered monthly in many counties across California. You have choices!
The schedule of Divorce...... Read more
There are many things you can do to make your divorce easier. Here is some advice about what not to do:
Hiding Information- Your attorney will be your advocate through this emotional process. It is important you disclose any and all information, no matter how embarrassing or personal it may...... Read more
Marriages fall apart for many reasons but when it comes to divorce the court is only interested in one reason.
Bottom line: in the eyes of the law marriages end because of irreconcilable differences. Period. It doesn’t matter if you and your spouse grew apart, or one of you betrayed the other,...... Read more
Are you a concerned family member, friend or co-worker? Are you trying to find family law answers for the person you care about? While it may be your intention to help, sometimes the best help is handing the phone number, email or website to the person in need of divorce advice or family law...... Read more
THE THINGS YOU AS A CLIENT MAY BE GOING THROUGH
You are not seeing your children as much as you would like to.
Grieving the loss of your marital partner.
Fear around money including having to pay the other party child support.
Or you may fear how you will support your children and how...... Read more
Child Dependency Credit – Who gets to claim it? How do you decide?
When the parents are separated or divorced, the dependency exemption for a dependent child is allocated pursuant to IRS Code 152 as follows:
(1) Automatically to the custodial parent, if the parents are sharing custody then...... Read more
A child’s relationship with a stepparent may grow stronger than with the child’s noncustodial parent
and the parties might consider stepparent adoption. Through adoption, the biological parent’s spouse (the stepparent) becomes the child’s parent. The other biological parent loses all...... Read more
Child support is your child or children’s right to be supported. I am often been asked if the parties can agree to set their own child support or waive the child support.
Parties may agree to waive child support or set support at an agreed amount. But this agreement is always modifiable as...... Read more
Declaration of Disclosure Form is part of the Divorce Disclosure Requirements
In a dissolution, legal separation, or nullity action, Both a preliminary and a final declaration of disclosure must be served on the other party with certain exceptions. (see Form FL-140)
Neither disclosure is...... Read more
ABC News 10 Interview with Carol Delzer
Valentine’s Day is this weekend – which studies say mean divorce attorneys are about to get very busy.
While it only costs $435 to file for a divorce in California, the total for many couples can make several hundred dollars seem tiny. But there...... Read more
On-Line Divorce Dangers- When faced with a divorce where do you go? Divorce Busters online? Or do you use the internet to instruct you on How to do your own divorce? Have you seen advertisements on the internet about how easy divorce can be through use of the internet? The internet may...... Read more
On Monday, July 20, 2015, the California Supreme Court held that a couple must be living apart to be deemed separated. Now, as an “indispensable threshold requirement,” the parties must be living in separate residences when determining the date of separation in a divorce case.
This...... Read more