Unique Issues for the Baby Boomer Divorce
It’s no secret that Baby Boomer Divorces are on the rise. According to the Office for National Statistics, divorce is decreasing in every age group except for couples…
Property & Debt Division
All property and debt acquired during your marriage must be divided, assigned or equalized. Property includes everything from vehicles, pets and furnishings to bank accounts, tax refunds, real property, retirement benefits and stock options. This property must be divided fairly in order for the judge to grant your divorce.
These resources contemplate all reimbursements, credits, assets and debts that you must account for and empowers you to make choices that best impact your life. We also include tools that we’ve developed to help you evaluate your options and for use in negotiation, mediation or litigation.
Our Favorites:
Divorce and Pets — Who gets Fido?
In California, pets acquired during marriage are presumed to be community property. What does that mean? In a divorce or domestic partnership dissolution, the family court assign the…
Why is date of separation so important in a California divorce?
Date of Separation is often a hotly contested issue in California divorce actions. Why? The reason date of separation is so important is because duration of marriage often…
10 Tips for the Self Represented in Family Court
Are you representing yourself? Are you scheduled to go in front of a judge? Follow these 10 tips before your court date: Be Prepared; Understand your judge (consider…
Home is where the heart was; Divorce & the family home (Part 1)
What happens to the family home at divorce or domestic partnership dissolution? Most clients contemplating a divorce want advice about the family home from the get go. Pending…
Home is where the heart was; Divorce & the family home (Part 2)
When I first started practicing family law, everyone had equity in their homes. Most clients had so much equity that buying their spouse out of their community share…
What is a Legal Coach and should I get one?
Depending on the complexity of your case and your financial circumstances, a legal coach (aka consulting lawyer) may be a great way to obtain assistance with your Divorce…
Is a gift from your spouse really a gift?
When you are given a gift of substantial value from your spouse or Registered Domestic Partner, you might be in for a surprise at divorce in California. Why?…
Plan B: Why the Happily Married Should Consider a Post-Nuptial Agreement
What the heck is a divorce lawyer doing writing a blog for two people in love, married, and with no intention of ever separating? Hmmm… Is it because…
Should I stay or should I go? 5 issues to consider before you move out of the marital residence.
While each divorce is different, and every case requires legal advise tailored to the client’s individual situation, there are certain issues that everyone can consider before taking the…
7 Tips for Collecting Your Family Law Money Judgment
So you have spent months (or maybe even years) reaching a resolution in your matter, but the process is not over yet. If you received a money judgment…
Our Postnup Primer
Post-nuptial agreements are a written consensus between two parties, entered into after the marriage occurs. The purpose of a post-nuptial agreement (also known as Marital agreement or Transmutation…
My Debt or Yours? How student loans are treated upon divorce.
The news has been full of headlines highlighting ballooning student loan debt. Between 1993 and 2015, the average debt accumulated by students attending four-year colleges nearly quadrupled, from…
Should I Stay or Should I Go? Date of Separation Laid to Rest
One of the first questions a divorce lawyer will ask you when you come in for your initial consultation is ‘What is your date of separation?’ Why is…
You, Your Spouse, and…. (3rd Parties Joined to Divorce Actions)
Most people are aware that in Divorce or Domestic Partnership Dissolution, certain employee benefit plans can be joined to the action to ensure that retirement accounts are divided…
Divorce Court 101
Most people who end up in a family law courtroom have never been to court before. Perhaps they’ve served on a jury or appeared for a traffic infraction…
What is Financial Discovery?
Not all Family Law cases require financial discovery. However, there are many cases in which a spouse must take the extra step of investigating all financial issues of…
Rules of Engagement in Divorce: Play Fair or Pay Up
Between the time the divorce petition is filed and the final entry of judgment, parties are under the purview of the Family Court System. This allows parties to…
Suspect Your Spouse is Hiding Assets During Divorce?
Hopefully, you’re never in a situation where you believe that your spouse has failed to disclose marital assets in your divorce proceedings. Unfortunately, there are times when one…
Understanding QDROs: Dividing Retirement Plans in Divorce
In short, Qualified Domestic Relations Orders (QDRO’s) are often used in a divorce proceeding to serve two functions: – divide retirement benefits earned during marriage and/or a registered…
How Social Media Can Undermine your Divorce Action
More than ever, litigants and lawyers are using social media to collect information that they can use as ‘evidence’ in a Family Law Case. Facebook, LinkedIn, Twitter, Instagram…
What Is “Community” Property?
California is a community property state, which affects how assets and debts can be divided in the event of a divorce. Community property means any property (including income)…
How Can I Enforce a Court Order?
My ex and I are divorced with two children. We have a visitation schedule in place, but the kids are always picked-up late, or not at all, and…
What Is a QDRO?
A QDRO (pronounced ‘Quad-ro’ for those in the know) stands for a Qualified Domestic Relations Order. This is basically an order from the court that recognizes a non-account…
What Is “Separate” Property?
If California is a “community property state,” then what is separate property? Separate property is any asset or debt that was acquired before the marriage or after separation,…
Complete List of CA Divorce Forms, with Links
Petition (FL-100): This is the document that initializes your divorce with the Court. It is the first thing you file and requires a $435 filing fee. Download Petition…
Glossary of Terms
Legalese made easy. This document has all of the terms you’re likely to hear and their definitions in plain English. Download Now
Ten Important Laws You Need to Know About (if You’re Getting a Divorce)
Spousal Support (Family Code Section 4320): While pre judgment spousal support is generally calculated using a formula, long term spousal support is determined by review of various factors.…
Child Support Calculator
Calculate an estimate of California child support by entering in all of the requested information below. The results will help inform your position for mediation and/or negotiation with…
The Hello Divorce Worksheet
This worksheet breaks down all of the things you need to think through and resolve before you can finalize your divorce. Download Now
Five Reasons Your Divorce Judgment May Have Been Rejected (& What to Do about It)
You have spent hours poring over all of the forms necessary to finalize your divorce. You researched online, browsed a DIY book, and maybe even had a meeting or…
Dividing Personal Property in a Divorce
Because personal property is defined as everything that you and your spouse own that is not real property (real estate), this category covers a vast number of items.…
Five Points to Consider if You or Your Spouse Has a Business
1. A Business Is an Asset Though the spouse who owns the business may feel proprietary over it, a business is an asset. And because it is an…
10 Tips for Writing a Persuasive Family Law Declaration (to Attach to Your Request for Orders)
A declaration is a written statement made under the penalty of perjury. If you are filing a “Request for Order” (or responding to a “Request for Order”) asking…
Your Hello Divorce “Cheat Sheet” to Self Representation
If you’re navigating divorce without legal representation, we’ve got your back! Review this outline to understand what will happen throughout the divorce and what you need to do.…
Divide, Buyout or Cash-out Retirement Accounts?
There are several types of retirement benefits that you or your spouse may have. The IRS provides descriptions of the different plans here. The most common plans we…
Property and Debt Division Cheat Sheet
When and Why When: When you and your spouse are ready to dive into the ‘nitty-gritty’ and divide you assets and debts. You can use this spreadsheet for everything…
Dividing Personal Property Spreadsheet Example
Furniture, Art, and Miscellaneous Item Agreement Apportioning personal property (think: furniture, furnishings, sporting/ camping equipment, tools, antiques, appliances, wedding gifts, etc.) can feel overwhelming. Here are some tips…
Social Security Benefits & Divorce – 10 Facts You Need to Know
A marriage of at least 10 years triggers social security rights. Ten years is defined as Date of Marriage to Date of Divorce. So, for example, even if…
How to Keep Your Divorce Conversations Productive
First things first. If you want to negotiate an agreement with your spouse, you have to remember (and accept) the following principles: Be mindful that your purpose is…
I Am Not on Title to Our House, Is it Still Joint Property?
Well the long answer is “maybe” (followed by explanation below). The short answer is, probably “yes!” Why can’t lawyers just say “yes” or “no?” Why does everything have…
Presenting Evidence in Family Court
Most people (even some lawyers) don’t expect the Evidence Code to apply in family law — in the same way that we see it used in Criminal or…
Tips for Getting Your Spouse On Board with Mediation
Mediation, whether through Hello Divorce, with a trained mediation counselor or a divorce financial planner, can be a great option for resolving the issues pertaining to your divorce.…
What to Wear to Court
Ok, we know our readers are smart and understand that appropriate attire is necessary for court. We’ve listed some suggested (and mandatory) guidelines below. Our readers also know…
Mandatory Financial Disclosures: In a Nutshell
In California, each party to a divorce is required to complete a set of mandatory documents entitled “Preliminary Declaration of Disclosures” prior to any Judge or Commissioner granting…
FAQ: What is a divorce by default?
As if “divorce by default” isn’t a foreign enough term on its own, we get the wonderful opportunity to inform you that there are actually two types. Both…
What Are the Different Types of Court Hearings I Might Have to Attend?
The most common type of hearings in Family Court are related to child support, spousal support and/or child custody. These hearings are scheduled after one spouse files a…
What is Contempt?
In the course of your divorce, the family court may issue a range of orders, including visitation and custody determinations, orders to pay attorney’s fees, and divisions of…
Judgment Checklist
Use our checklist to ensure that you have completed every document you could possibly need to get your Divorce Judgment past those pesky clerks and into the hands…
Special Considerations for Your Same Sex Divorce
We have all heard the good news. California no longer recognizes a distinction between same-sex and opposite-sex marriages. Any couple can now obtain a marriage license and wed,…
10-Step Quick Guide for Tackling Divorce Financial Issues
Tackling the financial issues of divorce can be overwhelming even for those of us who are comfortable with numbers. Sometimes the biggest challenge is figuring out where to…
Financial Questions You Should Be Asking During Divorce, by Age Range
What financial questions or considerations should a person be asking/making when divorcing in their 20s? 30s? 40s? 50s or 60s? While many of the questions below could easily…
