Dividing Community Property and Debts

Depending upon the length of your marriage, you accumulate an abundance of items during marriage.  In the unfortunate event of a divorce, items and property you once never imagined dividing must now be divided.  If you share with family and/or friends that you and your spouse are at a point in your Dissolution of Marriage process of […]

Read more...

The Mediation Process

Any time that a Dissolution of Marriage or Paternity matter is filed with the Court and there are pending child custody and/or child visitation orders, a Family Court Services Mediation appointment is mandatory.  A mediation appointment is an appointment between both parents together and a Family Court Services Mediator only.  Attorneys for either party, or any other […]

Read more...

Can the Court Order Custody of Family Pets in Divorce?

Many pet owners would considers their pets more like their children than property.  However,  pets animals are considered personal property. Penal Code section 491 provides: “Dogs are personal property, and their value is to be ascertained in the same manner as the value of other property.” Newly enacted Family Code section 2605 provides that the court may […]

Read more...

What Constitutes Annulment?

Annulment is likely one of the most misunderstood areas of Family Law. Having worked as a Family Law Paralegal for more than four decades, I find that most people have a false belief of what constitutes annulment. Most believe a short-term marriage, i.e., months long, qualifies them for annulment. Not true. Such a short-term marriage […]

Read more...
Financial Records

Keep Your Financial Records

When parties get married, they rarely think of their relationship ending in a divorce. Unfortunately, some couples eventually do get divorced, which may then require proof of the character and value of their property and debts. California is a community property state, which means that all property and debts acquired during marriage will be divided […]

Read more...

Pensions and Retirement Plans at the Death of Participant Spouse

  Can you divide a retirement plan when the participant spouse dies before entry of an Order dividing the plan? In California, Pension and other retirement plan contributions made during marriage are considered community property. Any contributions made prior to marriage or after separation are the separate property of the contributing spouse. Determining the community […]

Read more...

Three in One: Questions From You

I am answering three separate legal questions on family law topics which clients have asked me this past month. As a family law specialist, this blog answers current client questions to educate readers with information on divorce that they may not know or understand.

Read more...

Reimbursements for Community Property Contributions to Education or Training

Family Code Section 2641 provides that the community shall be reimbursed for community contributions to education or training of a party that substantially enhances the earning capacity of the party.  Additionally, the amount reimbursed includes interest at the legal rate (currently 10 %) calculated from the end of the calendar year in which the contributions […]

Read more...