Articles Posted in Divorce Advice

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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 to take community assets or the parties’ children to that country while suffering little to no repercussions for their actions. This can be especially disastrous in child custody litigation. If one party absconds with the children to another country and bilks the parties’ financial accounts, the aggrieved party will have fewer financial resources to prosecute an undoubtedly expensive international custody battle.

There are steps, however, that can be taken to prevent the other spouse from running off with hard earned community assets. Most attorneys understand that they can seek an emergency order from the Court. What many attorneys do not know, is that a party can actually unilaterally freeze an account, even one held in the name of the other spouse! Continue reading

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It is no secret that getting a divorce can be pricey. While there is almost no way to estimate exactly how much any particular divorce will cost to finalize, there are some fees that will be present in any divorce case. In this blog we will break down some of the fees charged by the Superior Court in a divorce or family law matter. Continue reading

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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 International has recognized this desire in divorcing couples and come up with a solution: a weekend divorce getaway, where divorcing couples stay at a hotel and in one friendly weekend sort out all of the details of their divorce. Continue reading

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Child custody is one of the most difficult and emotional parts of any contested divorce.  It is not uncommon for two parents to agree on all of the financial issues, child and spousal support, and property division, only to find it impossible to come to any agreements about how their children will be raised post-divorce.  It is understandable too; we love our children and we want what is best for them. This point, wanting the best for our children, is the great irony of child custody litigation.  Ask any parent whether they believe dragging their children through months or years of custody litigation is healthy for them.  They answer will be a resounding, “No.”  Yet that is exactly what happens in so many family law cases. Continue reading

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Appeals can be a lengthy, difficult, and expensive process. In fact, most civil appeals in the Fourth District Court of Appeals, Division One (San Diego) take about a year from start to finish. If a trial court’s error is the result of a minor oversight or a mathematical error, it might be a better idea to simply direct the Court’s attention to the oversight or error than go through the trouble of an appeal. In our experience, judges have been almost universally open to correcting these kinds of minor oversights or errors at the trial level, particularly if the oversight or error resulted from the judge’s own mistake.

It is very important, therefore, for one to use the proper procedures. There are two procedures that come to mind. The first is a motion pursuant to Code of Civil Procedure 473(d), which is designed to allow for the correction of clerical mistakes. Code of Civil Procedure section 473(d) reads as follows: Continue reading

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“What Is In A Name”…A Lot Come To Think Of It.

If you dig deep enough into your memories from high school English class you will know that quote is from Shakespeare’s Romeo and Juliet. And while Romeo waxes poetically about why Juliet’s name should not matter, the truth (as they both learn), is that a name is very important.

For many married couples, one of the parties changed their legal name as part of the marriage ceremony. It could be a Husband/Wife who took the other party’s name or it could be a situation where both parties moved to a hyphenated surname.   The symbolic act of changing your name at marriage is meant to show the world the joining of two people.  However, what do you do when those same two people decide they want a divorce? Continue reading

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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 take back gifts that were given while married. It appears that New York law, on the other hand, provides that gifts stay with the receiving spouse even after divorce. And the Amon’s divorce is not your typical one. The “gifts” that the parties are fighting over amount to about $70 million dollars!! Continue reading

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There are many different enforcement methods available for child support. Although contempt is always an option, it involves the other parent ending up in jail and can be a costly and expensive process to prosecute. Some of the best incentives for the other parent to pay child support already exist as a matter of law without the supporting parent having to do anything. For instance, child support arrears can never be discharged in bankruptcy, so they stay with the support obligor for life. Further, they accrue rate at the legal rate of 10 percent. What kind of investments today gets you 10 percent? Not many.

There is, however, another incentive that many parties and even many attorneys are not familiar with: Continue reading

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Divorce is hard. Divorce where minor children are involved is harder.

As divorce attorneys, child custody disputes often become the most contentious issues that we face.  Of course this is understandable. When parents divorce, they have to face the reality that they will no longer be with their children 100% of the time. This is a hard pill to swallow for almost every parent, and it seems to be more difficult the younger the children are.

Often, each parent becomes stuck in the mindset that the children are better off with him or her, and 50/50 custody quickly becomes an unacceptable proposal. Unfortunately though, many times this is because the parents are caught up their own feelings about their soon-to-be ex-spouse, and forget to consider what is really in their children’s best interest.  Continue reading

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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 not yet separated enter into enforceable agreements to limit or waive spousal support?

Although the answer to this question has not been definitively settled by our appellate courts, there is a strong argument to be made that married couples who have not yet separated cannot agree to limit or waive spousal support. Continue reading

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