It is no secret that the cost of higher education in America is HIGH. Each year, the average amount of student loans borrowed increases, as does the number of students taking out educational loans. A 2013 study done by the One Wisconsin Institute found, after surveying 61,762 people, that the…
Dividing pensions and retirement plans can be a very complicated aspect of divorce. The rules that apply to social security benefits do not make things any less complicated. Pension and retirement plans acquired during the marriage are community property just like any other community property. Pensions and retirement plans usually…
There is a saying I use when talking to clients about difficult issues in Family Law Case; “The word ‘fair” only appears in the Family Code in a discussion about attorney fees.” The stark reality is this…Family Law is not fair. It can be equitable and it can be reasonable,…
A family law judge out of New Jersey made the following finding in a case involving a post judgment request to sell a residence due to one party’s failure to refinance the residence post-judgment: “This court takes judicial notice, as a matter of indisputable common knowledge, that a positive credit…
I remember the first time I purchased a new couch. It cost me around $800 (which at the time was all the money in the world – I was studying for the bar) and was the first “new” and “adult” purchase my Wife and I made. I also remember when…
As divorce attorneys, it is often useful to recall the reasons that people get married in the first place. We may try not to be cynical of the union of marriage, but it is easier said than done when every day is spent helping people navigate through their divorces. And,…
It is often said that when one marries his or her spouse, he or she is also “marrying their debt.” Is that how it works in California, too? It depends. Family Code section 910 provides the following: “(a) Except as otherwise expressly provided by statute, the community estate is liable…
If you are considering a divorce or are already involved in the divorce process, you have likely done some research and been left scratching your head in bewilderment. Divorce is so common these days that you may assume it’s easy to do. Unfortunately, however, it’s not the most “user friendly”…
In Marriage of Davis, the Supreme Court of California was asked to decide the following question: can spouses truly be “living separate and apart” within the meaning of Family Code section 771(a) if they share the same residence? The Court, in a unanimous decision, held that spouses cannot be separated…
In recent years, same-sex marriage has undergone a radical transformation in California and in the rest of the nation. Bickford Blado & Botros are well aware of these important changes in the law. On June 16, 2008, the Supreme Court of California held that California’s same-sex marriage ban was not…