Change is a big part of any divorce. When you have children, dealing with change can be one of the most difficult parts of the divorce. No matter how many times people tell you that “kids are resilient and everything will be okay” it doesn’t make it any easier. The…
Articles Posted in Judgment
Dealing with Divorce at Thanksgiving
If you have children and are currently going through the divorce process or have been recently divorced, you have probably already realized that the holidays as you’ve come to know them will be different from now on. The Thanksgiving holiday, as family-centered as it is, is one of the most…
In Honor of the Cubs World Series Win………
..…I just couldn’t pass up the chance to write about a divorcing couple that went through a heated battle over World Series tickets. Apparently this battle became was so “serious” that a suburban wife felt it appropriate to file an emergency petition in a Chicago court for orders that the…
You Think Disneyland Lines Are Long…Just Wait Until You Submit Your Divorce Judgment
It was recently reported that Khloe Kardashian and Lamar Odem finally submitted their divorce judgment for processing with the Court. I say finally because the case was first filed in December 2013. It was stagnate for nearly two years while Lamar allegedly battled substance abuse issues. When Lamar nearly died…
Can The Changed Circumstances Rule in Child Support Be Suspended by Agreement?
Child support in California can be very complicated and the changed circumstances rule is one of the reasons why. The changed circumstances rule requires a court to deny a request to modify child support if the court determines that there was no material change in circumstances since the time the…
A Family Law Appeal is Not Just a “Do-Over” of a Family Law Trial
Some family law litigants (and even some attorneys) may think an appeal is just a “do-over” of what happened at the trial level. However, trials and appeals are two very different proceedings. In this post, we will address one of the most fundamental differences between proceedings at the trial level…
The Date of Marriage: Not always a simple issue
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…
Income Available for Support – A Complicated Issue
The question of a party’s income available for support has been the scourge of many attorneys and forensic accountants for a long time. It is a difficult and evolving issue, with new cases coming out honing and refining the interpretation of Family Code section 4058. Below, we take a look…
What Happens When My Case Is Over?
For anyone in the middle of a divorce case – which I imagine is most of the readers of this blog – reaching the finish line of your case may seem like an impossible dream. I am here to tell you it happens every day and it will happen for…
What Are Court Orders; When Are They Effective; and Who Drafts Them
In family law we spend a good deal of time talking about court orders. There are orders for child support, orders for spousal support, custody orders, and orders for the payment of attorney fees. Getting more specific, all of the aforementioned orders can either be interim orders (also called temporary…