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.
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.
You are in shock. You finished dinner, put the kids to bed and just as you are falling asleep, your spouse comes to the bedroom and says, “I am not happy; I want a divorce.” You spend hours talking about this pronouncement– trying to figure out what went wrong and if your marriage can be fixed – only to realize, it’s over. Now what? Here are three things to do now (besides seeking legal advice immediately):
There are many questions that one should ask a divorce lawyer, but a business owner (or his or her spouse) has an issue that is not present in every divorce: the business itself. While both spouses have a financial interest in the business, it is not uncommon for one spouse to operate the business. It is the operating spouse who is earning his or her living from the business; who has invested his or her heart and soul into the business; and worries (likely on a daily basis) about the success or failure of the business – the feeling that it is all on his or her shoulders.
Those involved in the divorce process often painstakingly comb through financial documents to map out the source of funds used to purchase property in an effort to develop and prepare the necessary evidence to characterize property as either community or separate property. Thus, the focus tends to be on property that has been acquired during the marriage; i.e. property that has been brought into the marriage. But, what about community property that has been gifted or disposed of, during the marriage, i.e. community property that’s been given away during the marriage?
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.”