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Articles Posted in Property Division

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Why Do I Need a Divorce Attorney?

Why Do I Need a Divorce Attorney? If you and your spouse have decided to end your marriage, it is not uncommon to feel overwhelmed when you imagine what to expect over the coming months as your divorce case unfolds. To help, one of the most important things you can…

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How Is Spousal Support Determined?

How Is Spousal Support Determined? One aspect of the divorce process that is often misunderstood is spousal support, also referred to as alimony. References to this form of support are often made in the media. Many people wonder why spousal support exists in the first place, beyond a convenient plot…

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Every Ending Is a New Beginning

COVID-19 has affected all sectors of the U.S. population.  The Governor of California, Gavin Newsom, has issued stay-at-home orders for all residents, with limited exceptions for “essential works.”  In California alone, over 1 million workers have filed for employment benefits.  The San Diego Courthouses have all closed to the public…

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Common Types of Discovery in a Divorce Proceeding

Once the initial paperwork in a divorce proceeding is filed, both parties must complete what is called a “Preliminary Declaration of Disclosure.”  This disclosure mainly consists of two documents, the first is the party’s “Schedule of Assets and Debts” and the second is the party’s “Income and Expense Declaration.”  Just…

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What is an Ex Parte Hearing?

It is no secret that the San Diego Family Law Courts are overutilized, overworked, and overbooked.  When a party files a motion with the court it can often take several months, or longer, to get a hearing date!  This can be frustrating for litigants who want to move their case…

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SPOUSAL SUPPORT BASICS

The infamous comedian-actor Robin Williams once said, “Divorce is expensive.  I used to joke they were going to call it ‘all the money,’ but they changed it to ‘alimony.’” Alimony, or more commonly now called spousal support, may be awarded to either spouse during the pendency of a divorce proceeding,…

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Money to Spare – How it Affects the Marital Standard of Living

Ex-Union-Tribune owner Douglas Manchester has divorced from his second wife, Russian immigrant Geniya Derzhavina.  Douglas, a wealthy real estate developer, filed for dissolution of marriage in October 2019 and the parties settled their divorce just two months later. Douglas married his first wife, Betsy, in January 1965.  They divorced in…

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COMMUNITY PROPERTY v. SEPARATE PROPERTY

Whether you are getting ready to file for divorce, or already have, you probably have seen or heard the words “community property” and “separate property” many times.  These are common family law terms that parties will need to understand throughout their proceeding for dissolution.  Pursuant to Family Code section 760,…

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Date of Separation

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…

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Divide and Conquer!!

For most people, the decision to get divorced is not reached on a whim.  More often than not, “Breaking up is like knocking over a Coke machine.  You can’t do it in one push.  You gotta rock it back and forth a few times, and then it goes over.” (-Jerry…

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