I’ve presented these articles which I have written because I feel they offer good information for my clients. Reading them at your leisure will help you better understand your situation. If you have any questions regarding what you’ve read here, especially how it may relate to your own family law issue, please feel free to contact my office. We will be happy to arrange a consultation to discuss all your questions.
One of the most common complaints by and sources of frustration to clients during a divorce is connected to the issue of attorney’s fees: specifically, the attorney’s fees which the client does not incur by choice. Fees incurred “not by choice” usually are due to unscrupulous conduct and behavior of the other party which drive up the fees in the case, including actions of that party which may cause marital assets to decrease in value.
After handling divorces, child support, custody and paternity matters for more than 20 years, I am well aware that not everyone has a happy and amicable relationship with their ex-spouse or ex-partner. I know that. But, what I also know (though not an easy task), are that words of thanks or appreciation can go a long way in those difficult relationships.
In the wake of the almost apocalyptic marital demise and subsequent divorce proceeding of Angelina Jolie and Brad Pitt, an interesting legal discussion has been raised regarding custody of the six Jolie-Pitt children.
Even the simplest divorce – no kids, few assets, little hostility – can take a while, often surpassing California’s 6 month statutory waiting period before a divorce can be final and brought to judgment. Delays in a divorce proceeding can occur for a variety of reasons: for example, the parties may avoid dealing with paperwork needed to quickly move the divorce along, the attorneys may be unable to prioritize their cases and their client’s needs, or budget cuts and staffing issues at the courthouse may be outside of anyone’s control.
The engagement period is magical, probably one of the happiest times of anyone’s life. The engagement period is full of fun – parties, gifts, wedding planning, thinking about a home and life together. This is certainly how I felt when I was engaged to be married more than 17 years ago. But leaving the single life to become married is a major transition. Because I am a family law attorney, I knew during my engagement there was also business to be taken care of, such as preparing a prenuptial agreement. And, after now practicing family law for more than 21 years, I can tell you there are three things anyone getting married should do besides getting a prenuptial agreement:
Can a court order a parent to undergo indefinite testing for illegal or controlled substances as a requirement for visitation? The answer is yes, according to a recent California Court of Appeal case that originated in Los Angeles County.
In this case, a mother lost custody of her young son after she was arrested and tested positive for controlled substances, and also was found to be intoxicated while she had custody of her son. Though the mother successfully completed an outpatient drug and alcohol program, attended 20 Alcoholics Anonymous meetings, and participated in a parenting course, the family court was still unmoved to modify the order requiring her to undergo indefinite testing for illegal and controlled substances.
On July 25, 2016, Governor Jerry Brown signed Senate Bill 1255 into effect. This bill redefines the date of marital separation for purposes of the California Family Code as the date that a “complete and final break in the marital relationship has occurred, as evidenced by the spouse’s expressions of his or her intent to end the marriage and conduct that is consistent with the intent.”
A self-employed party to a family law matter can present a unique set of challenges for a family law attorney when it comes to determining income available for support, as well as other financial issues. Regardless of the particular profession that the self-employed individual may have — gardener, mechanic, lawyer or movie producer — if that person is not keeping accurate records of their income and cash flow, seemingly simple family law issues may become increasingly more complex and expensive, too.
One of the most common questions family law attorneys get from their clients is “How long is this going to take?” Or, “When will this end?” While family law attorneys may not be able to provide a definitive date, or estimate, as to when the case may be over, by assessing various factors in the case, we can provide our clients a better understanding of how long, or short, their case may last.
Many people say a prenuptial agreement is an “anti-love” document; it’s “not romantic.” This may be true. Just Google the words “romantic” and “love” and you will find out that neither of these words alone defines a healthy, good or successful marriage. Now Google what makes a healthy, happy and successful marriage. You will find that while spouses may act romantic toward each other and love each other (which are admittedly important factors), these states of being are not enough to make a healthy marriage. There is much more involved, including building togetherness ̶ a partnership. This requires communication.
Marlo says...“A great way to help alleviate your concerns is to learn more about the process. Reviewing this information could also help you develop questions you hadn’t thought of before.”