How to Prove Falsehoods in Divorce Proceedings Whenever an individual is involved in any type of legal case, honesty is absolutely essential even when it comes at a detriment to one’s own personal interests. Unfortunately, in many divorce cases in San Diego and throughout California, divorcing spouses attempt to hide…
In many ways, a divorce can seem, and typically is, final. It requires the filing of a judgment, a judge’s signature, and a marriage that is no longer the same. But what happens when a party files for divorce and then changes his or her mind? Or, what happens when…
What does the “date of separation” mean and why is it so important? When a spouse files for divorce the first issue to tackle is often the parties’ date of separation. One might think that the date of separation is when the petition was filed in the divorce, or when…
Discovery is not the first topic that comes to mind when parties meet with a family law attorney for the first time. In fact, there is a good chance most litigants have no idea what discovery actually is. Sure, anyone who watches any of the serialized crime dramas on TV…
Family Code section 3580 et seq. provides that spouses may enter into agreements regarding support upon separation. In Pendleton and Fireman, our Supreme Court held that parties could agree to limit or waive spousal support in premarital agreements. What about the time in between? Can married spouses who have…
You decided you want a divorce, you file for a divorce, and then…*crickets*… your spouse, for whatever reason, has decided not to participate in your divorce. Perhaps your spouse doesn’t understand the legal process, doesn’t want to get divorced, or he/she is upset that you filed for divorce and intends…
Bifurcation is an often underutilized procedure in civil cases (including family law cases) that, if used correctly, can significantly reduce the attorney fees and costs necessary to bring a case to a conclusion and can significantly increase the prospect of settlement. So what is bifurcation exactly? In the process of…
We have written several blogs about the date of separation and its importance to a dissolution action. In some cases, the date of separation can be the most critical issue in a case. The reason is the date of separation can be a significant factor in determining how long spousal…
Last year, we wrote a blog post on the blockbuster case of Marriage of Davis issued by the California Supreme Court. In that case, the Court resolved a split among the lower courts and held that it was impossible for spouses to be separated unless they were physically living separate…
There are so many reasons a client wants to remain in the family home after the divorce proceedings have been filed. Often it is a custodial parent who wants to provide normalcy for their children. Other times it is for financial or emotional reasons, or a combination of the three. …