During marriage, neither spouse is supposed to devalue the community estate by wasting of assets. “Wasting” means spending community money for a non-marital purpose. The classic case has been the spouse who changes his lifestyle, often in the process acquiring a friend to whom the spouse gives money, pays expenses…
Articles Posted in Property Division
Amazon Tycoon Jeff Bezos Divorce
Earlier this year, Amazon tycoon Jeff Bezos announced his divorce from wife MacKenzie after 25 years of marriage and four children together. The couple met and married before Jeff founded Amazon. Jeff, who has a reported net worth of nearly $157 billion is the world’s richest man. The couple, who…
Types of Experts
In a previous blog, we talked about different classes of experts (Joint, Hired Gun, Review) employed in family law cases. In this blog, we will talk about the different “types” of experts we use in family law. Forensic Accountant Forensic accounting is a specialty practice area of accounting that is…
Hiring an Expert in Your Family Law Case
Lawyers love to make jokes about how bad we are at math. Often those jokes include statements like, “if I were good at math I would have become an engineer” or if “I was good at math and science I would be a doctor not a lawyer.” Nobody likes lawyer…
What to do when the other party files in the wrong county
Sometimes a divorce isn’t filed in the right county and a party might be seriously disadvantaged as a result. What do we mean by “wrong county”? Let’s start with the law. Family Code section 2320 states, in relevant part, as follows (emphasis added): “A judgment of dissolution of marriage may…
You Don’t Have to Wait for A Court Order to Freeze a Bank Account
Every once in a while, there is a divorce case where there is a real risk that one of the parties is going to bilk a community property financial account and run. This is more likely to happen in cases where one party has connections to another country and wishes…
Discovery…But Not the ‘Eureka’ Type
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…
Behind DivorceHotel
If you have been through or are going through a divorce, you likely learned the hard way that a divorce is a longer and more complicated process than you previously expected. Wouldn’t it be nice if you could finalize your divorce in one weekend? Well, a Dutch company called DivorceHotel…
Arguments Over Divorce Jurisdiction
Tracey Hejailan-Amon’s husband Maurice Amon filed for divorce in Monaco in October of 2015. Tracey then filed for divorce in New York. About a year and a half later, the parties are still arguing over which court has jurisdiction over their divorce. Why? Because Monaco’s divorce law allows spouses to…
Can spouses that have not yet separated limit their spousal support rights?
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…