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…
Spouse
Will you be requesting payments of spousal support? Or will your spouse be requesting a payment from you? There are no hard-and-fast-rules governing spousal support. Understanding the law will help you to limit your exposure or maximize your result.
We also cover the range of issues that could come up like: what to do if you suspect your spouse is hiding assets, how to determine your Date of Separation for purposes of dividing property and determining the length of support and whether or not you will be able to collect social security based on your spouse’s employment record.
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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…
Help, my spouse is missing!
I often get asked the question: I want to file a Divorce or other Family Law action but I don’t know where the Respondent is? Can I proceed?…
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…
How will my bonus income affect child or spousal support?
Many employers give an annual or quarterly bonus to their employees when certain company or individual goals are met. Payers and payees of support want certainty but sometimes…
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?…
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…
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…
Will Spousal Support Increase When Child Support Terminates?
Child support ordinarily terminates when a child turns 18 years old unless the child remains a full time high student, in which case, support continues until the child…
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…
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…
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…
FAQ: How Do I “Serve” My Spouse with a Divorce?
I keep hearing that I have to ‘serve’ my spouse for a divorce. What does this mean, and how can I do it? The law affords everyone ‘due…
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
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.…
The Buck Stops Here: Options for Long-Term Spousal Support
So here you are, trying to figure out whether long-term spousal support is going to be ordered and how much it would be. You have already been told…
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…
10+ (non legal) Essential Apps to Rely on While Uncoupling
Getting unmarried can sometimes be as expensive, insanely time consuming and detail driven as planning your wedding. When we tie the knot in the first place, we use…
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.…
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…
When are Attorney Fees Awarded in a Divorce Action?
It’s no secret that hiring an attorney is expensive. Even if you are using a lawyer on a ‘limited scope’ basis to help you only with strategy or…
Emails & Divorce: Five Things You Need to Know
For many of us, email is a primary method of communication for everything from connecting with family members and friends to running our businesses and talking to our…
Should I File a Response?
If you have been served with the Summons (FL-110) and Petition for Dissolution of Marriage (FL-100), you are the Respondent. The Petition tells you what your spouse is…
Which Type of Mediation Will Work Best for You? The Three Types – Explained
Wondering what type of Mediator is right for you? Michael Lubofsky shares an informative resource explaining the three general types of mediation services. If one or more of…
A Petition and Response Has Been Filed, What’s Next?
After both parties have filed and served their initial documents, the Petition, Summons and Response (Step 1), the real work begins. Step 2 is deciding if you need…
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…
Oh No! I Missed the Deadline to Respond to My Spouse’s Petition for Divorce. What Do I Do Now?
If you missed the deadline to file your Response to the Petition (30 days after the date of personal service), you will first need to confirm whether or…
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.…
Your Spouse Did Not Respond to Your Petition for Divorce. What Happens Next?
After you have served the Petition, your spouse has 30 calendar days to “respond”. By respond, we mean filing a “Response” (FL-12).If the thirtieth day falls on a…
My spouse can earn more but refuses to. How is this handled for purposes of Child Support?
When we calculate child support, we generally use the actual incomes of both spouses. But what happens when your spouse is under earning? That is, s/he is working…
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…
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…
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,…