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.
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 in their 60s. U.S. Census Bureau reports...
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 profoundly affects two important issues in divorce:...
For the uninitiated, the idea of representing yourself in family court seems outrageous. Why wouldn’t you hire a professional? Well, there are a number of reasons self-representation might be right for your subjective situation. Whether...
You may be wondering how to file for a divorce or other family law action when you don’t know where the respondent is. Sometimes the court allows litigants to serve documents other than by personal...
Many employers give an annual or quarterly bonus to their employees when certain company or individual goals are met. A common theme throughout our practice are questions like will I have to pay support based...
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? If you do not have an express...
You’ve separated from your child’s other parent. Life is tough, and litigation is messy. You are looking for good resources anywhere you can find it. • Do try a support group. • Do consult a...
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 against your ex-spouse as part of your...
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 agreement) is similar to the purpose of...
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 date of separation so important anyhow? The...
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 graduates or turns 19 (whichever comes first)....
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 – but rarely has a divorce litigant...
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 party to the divorce or domestic partnership...
Do you have a 401k? A military pension? Is your spouse a federal employee, or a police officer? Did you know that getting a divorce doesn’t automatically divide your retirement assets? Looking for more tips...
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 and various dating websites are all popular...
If your spouse isn’t complying with visitation schedules and child support rulings, you might just be pulling your hair out in desperate need of some stability, wondering where to go next. First, try speaking to...
“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 process.’ Or in plain English, before you...
Our exhaustive list of California divorce forms with links to download them.
Legalese made easy. This document has all of the terms you’re likely to hear and their definitions in plain English. Join us and download this free glossary of legal terms.
1. 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. Some of the factors the court...
Use our convenient child support calculator to determine an estimate of California child support. Enter in all of the requested information below, and the results will help inform your position for mediation and/or negotiation with...
This worksheet breaks down all of the things you need to think through and resolve before you can finalize your 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. Here is a list of typical examples...
One of the key issues that arises in a divorce proceeding is spousal support, aka alimony. Spousal support comes in two varieties, temporary spousal support and long-term spousal support. Spousal support is something that has...
In a nutshell, long-term spousal support (also referred to as ‘post judgment’ support or ‘permanent’ support) usually lasts for up to half the length of the marriage (assuming your marriage is less than 10 years)....
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 that the Judge enter orders providing you...
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 wedding planners, online worksheets, and various other...
Your first step to make the apportioning process more manageable is to make a spreadsheet that lists all of your property. Sign up for a free account to view our tips and download our example...
1. A marriage of at least 10 years triggers social security rights. 2. Ten years is defined as Date of Marriage to Date of Divorce. So, for example, even if you separated with your spouse...
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 to review and revise your forms, it...
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 children’s teachers. Email can be super helpful...
If you have been served with the Summons (FL-110) and Petition for Dissolution of Marriage (FL-100), you are the Respondent. Once you’ve been served, you have to file a Response (FL-120) within 30 days unless...
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 these techniques peeks your interest, make sure...
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 to file a Request for Order (“RFO”)...
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 to avoid arguing and to be...
Since Utah is a marital property state, if the home was purchased during the marriage, then the answer is yes. Marital property refers to nearly everything purchased during the course of the marriage (with some...
Is your house still joint property if you’re not on the title? Well the long answer is “maybe, and the short answer is, probably “yes!” Why can’t lawyers just say “yes” or “no?” Why does...
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 not your spouse has filed a Request...
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 Civil Law. The fact is that it most...
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 weekend or a holiday, your spouse has...
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. At Hello Divorce, we not only guide...
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 less than full time and/or is not...
As a general rule, you should think of the courtroom as a formal environment. Dress as you would when going for an important job interview or to church. You can be barred from the courtroom...
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 types refer to a divorce where one...
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 “Request for Order.” Depending on the complexity...
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 property. When an ex-spouse (or soon to...
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, regardless of that couple’s sexual orientation. In...
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 start. Read and follow our 10-step guide...
Starting January 1, 2019, one provision in the new tax bill could mean thousands of dollars saved or lost each year for those considering divorce.
In California, as of January 1, 2019, a judge may make “custody” orders regarding your pet. (AB-2274). This change in the law means that pets are no longer treated exclusively as property to be divided...
Therapist and divorce coach Dr. Kristin Davin, Psy.D. shares her best advice for choosing between divorce coaching or therapy.
Interviewing a few therapists and/or divorce coaches in advance is an excellent investment of your time, and a terrific way to determine fit – which can be the most important factor in a therapy/coaching relationship....
Learning that your ex has sought legal help is *not* a reason to panic. They should get advice from an expert - and you should, too. The more information both parties have, the more amicable...
Guess what? There’s a lot of good news when it comes to what the research says about children and divorce. In a nutshell, your kids are going to be just fine as long as you...
Our worksheet is designed to help you think through co-parenting details big and small, in advance. Completing this worksheet ahead of parenting plan discussions with your mediator or attorney can give you the space and...
There's a lot to think about when you start your co-parenting journey. We're here to help take the stress out of this transition with a checklist that will help you think about and plan items...
Alimony/spousal support is one of the most difficult issues to negotiate. These tips and strategies will help you navigate the spousal support converstion with your ex.
You’ll find yourself doing a lot of things you didn’t ever expect to be doing on your own as a newly divorced dad. I did. Along the way, there were a few things I learned...
I was married and divorced by the time I turned 30. Not long after that, I entered what I like to call a “charitable rebound” that lasted about two years. After we “officially” moved in...
Your relationship is over but you’ve waited to have the “Dear John” talk. Here’s how to do it (nicely). It may seem insensitive or trivial. Who do I think I am – writing your “Dear...
When you’re the founder of a post-breakup concierge service, you get to know a lot of interesting people offering interesting services that help people move past heartbreak. Here are a few services that we connect...
“When you forgive somebody, it doesn’t necessarily mean you want to invite them to your table.” —Oprah Winfrey Often in a divorce, we get hurt. Not just everyday small slights. Whether it’s an ex who...
For some of us divorced dads, the approach of any holiday, from Mother’s Day to Valentine’s Day, is enough to bring on the cold sweats. Relax. Survival, even redemption, is attainable — and it’s not...
As one of the top family law litigators in the country, I know the downside of the traditional litigation process. For many years as a top divorce attorney I watched thousands of clients spend huge...
Whether you're introducing a new partner, meeting a new partner, or *are* the new partner, our worksheet will help you prepare for this meeting, while considering the potential concerns and points of view from everyone...
When it comes to the California divorce process, the first step is knowing how and where to file for divorce. You or your spouse will have had to live in California for six months, and...
It's a question I hear a lot: "Do I need to meet with a divorce lawyer or coach before I begin mediation with my spouse?" Short answer:
Q: “It’s November. Can I still get a divorce this year? If not, is there anything I can do to formally separate our property, earnings and accounts to prepare to start fresh in the New...
So many clients walk in to my office fuming at their ex – for cheating, lying, stealing or a laundry list of other unsavory activities. They aren’t always interested in a fair divorce settlement; they...
There is a lot to think about after divorce, and that includes thinking about your Qualified Domestic Relations Order(s) (QDRO), which will divide your retirement plan(s). You may have questions after your QDRO is filed...
The right time to think about securing your share of retirement funds in a divorce is at the beginning of the divorce process. Retirement savings can be an important bargaining tool as you divide your...
Defining the QDRO-related terms you need to know.
Temporary Separation In cases where you and your spouse want to separate temporarily, intend to divorce if reconciliation doesn’t happen, this option might suit you. Either party can apply to the Court for a temporary...
Maintenance, also referred to as alimony, can be ordered for two different phases of divorce: 1) during the divorce proceedings, which is referred to as “temporary maintenance,” and 2) after the divorce is finalized, which...
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 process.’ Or in plain English, before you...
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 process.’ Or in plain English, before you...
If you are served with a Petition for Divorce and Summons in Utah, you are considered the Respondent spouse. The Petition is the document your spouse has filed with the Court to initiate divorce proceedings....
Your spouse has filed for divorce and you have received the initial paperwork. So, what are your next (or first) steps? Signing a Stipulation If you agree to the terms of the Petition, meaning that...
I have seen at least 5 articles lately about how “quarantining with my ex changed my life for the better” and while I am thrilled for them, I have had a very different experience. After...
Before seeking a divorce, it’s important to do your homework so you understand the divorce process, or seek legal assistance to get help understanding the nuances associated with this process. The state of Colorado has...
So you have decided on a cooperative divorce. Congratulations! No really, we mean it. You will be saving thousands of dollars in legal fees and be in control of your own destiny — not leaving...
I’ll admit it. I don’t have a magic wand. I wish I did! But what I do have is 15 years of experience helping people navigate out of their marriage in integrity. I’ve settled the...
There are the standard forms and process all divorces require, but it’s the Settlement Agreement that is the nitty-gritty elements specific to you and your spouse’s assets and life. We’ve created a checklist for you...
Military divorces can be complicated, whether you and/or your spouse are active members or past members. Below, you’ll find information to help you through the specifics of your process. Filing, Serving and Answering the Petition...
Military divorces can be complicated, whether you and/or your spouse are active members or past members. Below, you’ll find information to help you through the specifics of your process. Filing, Serving, and Answering the Petition...
Losing your job or small business is devastating, especially if you’re also paying child support and/or alimony. While it is stressful, you shouldn’t be down on yourself; so many people are suffering the effects of...
If you want better communication during divorce, remember first things first. If you want to negotiate a divorce agreement, you have to remember (and accept) the following principles: Be mindful that your purpose is to...
When it comes to parenting time schedules, the options are as wide as your imagination. From month on/month off, to every other weekend schedule, there are as many schedules as there are days in the...
Divorce can be a tricky process for many men to navigate, particularly fathers. Men and dads get divorced, of course, but some divorces are more successful than others. If you are a man and or...
You may have already heard me say it before: Divorce is both Procedure & Substance. Procedure = forms, processing with the court, “service of process” (delivery of documents to your spouse). Substance = the issues...
Chances are, if you have lived with your significant other for a long period of time, someone you know has brought up the subject of common-law marriage. This may be because many people believe that...
