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
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
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
Social media is an effective and fun way to stay connected with others. However, if you are not careful, this virtual lifestyle could potentially lead to self-sabotage in your family law case. Social media can offer a treasure trove of information for the other side in a legal case and has the...... Read more
In a family law case involving complex issues or an uncooperative party, discovery (e.g., interrogatories, requests for production of documents) may be necessary to gather information and documents. After the other party serves their responses to such requests, you may move to compel further...... Read more
Student loans are rapidly becoming a reality for most. Unfortunately, when splitting up comes into the picture, there is no divorcing your debt. Any student loans will need to be addressed during the division of assets and debts in your divorce.
In general, a student loan is the separate...... Read more
Special issues arise in a divorce case when one party lives outside of California, especially if they live outside of the country. The United States is a party to two multilateral treaties on service of process. Depending on the country, additional steps may be necessary in the family law process...... Read more
Today the United States Supreme Court issued its decision in Obergefell v. Hodges, holding that the Fourteenth Amendment to the United States Constitution requires a state to license a marriage between two people of the same sex and to recognize such a marriage when lawfully licensed and...... Read more
Many parents decide to enroll their children in private school. However, that decision is complicated when parents are separating or divorcing. The determination of whether to split the costs of private school may be considered as part of a child support order.
Under California child support law,...... Read more
Many families treasure summer as a time to travel, whether to visit family or embark on adventures. Divorced, divorcing, or separated parents face custody concerns that should be considered when making travel plans to avoid unnecessary stress and litigation. These include:
Standard Family...... Read more