In the first week of April, news broke that Drew Barrymore will be seeking a divorce from her third husband, Will Kopelman, after a marriage lasting just under four years. The couple has two children together, 3-year-old Olive and almost 2-year-old Frankie. In light of the statistics, this news doesn’t…
San Diego Divorce Attorneys Blog
Should a Spouse Receive Less in a Divorce because they are Terminally Ill?
An interesting decision out of an Australian Federal Circuit Court this month caught our eye when a judge ruled that a man was entitled to only 1/3 of the marital estate because he had been diagnosed with terminal cancer and was estimated to live for only one more year. In…
Moore/Marsden – Determining the Community Interest in a Home after the Second Spouse is Added to Title
In two previous posts, we discussed the very important Moore/Marsden formula, which is the formula that determines the community interest in real property when the community pays down mortgage principal on the separate property of another spouse. In the first post, we discussed the basic formula, while noting that in…
Traveling Abroad
With summer right around the corner questions about summer vacations should begin coming soon. Inevitably one of the questions will be about the children traveling abroad. Whether you are the parent who wants to take the children abroad or you are a parent concerned about the children traveling abroad, this…
The Indian Child Welfare Act’s application to the case of Lexi from Santa Clarita
In the news over the past few weeks, you may have heard of Lexi, the 6-year-old Choctaw girl who was fostered by a family in Santa Clarita Valley and, against the wishes of her foster family, sent to live with her relatives in Utah: In photos, they are a happy…
Photographs and Memories
Famous clothing designer, Karl Lagerfeld once said of photographs, “What I like about photographs is that they capture a moment that’s gone forever, impossible to reproduce.” Mr. Lagerfeld captured in that simple quote what it is we humans love so much about photographs; capturing moments. Until scientists are able to…
The Panama Papers: Hidden Assets in Divorce
We’ve been hearing a lot about the “Panama Papers” lately; the leak of millions of documents out of the Panamanian law firm Mossack Fonseca disgorging details of the firm’s wealthy clients hiding money via shell companies in various tax havens. Among those allegedly involved are world leaders, athletes, celebrities and…
Child Custody – Getting to a Trial
In a previous post, we gave an overview of what parents can expect from the contested child custody process in California, from the filing of the Petition until the time the Court makes its first orders. In this post, we will go beyond the Court’s first orders and discuss the…
Getting off the Hook
The largest single asset I deal with in any divorce is a family residence. Home ownership in the United States has hovered between 63-69% over the last 20 years. In California the percentage is a bit lower coming in at 53% in 2015 – no big surprise when the median…
Child Custody – An Overview from Petition to First Orders
If you are a parent who is anxious about the child custody process in California, you are in good company. These feelings are perfectly normal. After all, the decisions on custody and visitation are so crucial and most parents know so little about the process. I thought I would explain…