We have discussed the issue of domestic violence and domestic violence restraining orders in many different contexts on our blog before. In this post, we will discuss an issue that just about every party with a restraining order faces: how to renew his or her restraining order. Continue reading
The “Right of First Refusal” is a concept originating from contract law that grants the holder of the right the option to enter into a business transaction with the owner of something before the owner may enter into a transaction with a third party. Put more simply; before you can sell your widget to a third party, you must ask whether I want to buy the widget. So why are we blogging about a contractual right on a family law blog? Continue reading
If you have been following the Brangelina news as closely as we have, you may have heard in early December 2016 that Brad filed an emergency motion with the Los Angeles court requesting that the Court’s records relating to the parties custody dispute be “sealed.” Brad’s request was denied.
This may have left you with many questions: What does it mean to have records under seal? Why would this be necessary? What are the requirements to place records under seal? And why was Brad’s request denied? Read on for answers! Continue reading
Almost every divorce case that comes through our office will have spousal support (also called alimony) as a major issue. Whether we represent the party who will pay spousal support or we represent the party who will receive spousal support, one of the first topics we discuss is how the IRS will treat spousal support payments.
The IRS will treat spousal support as “income” to the recipient and a “deduction” for the payor so long as all of the requirements of IRC §71 are met. These requirements are often referred as the “Seven D’s.” Continue reading
Under California law, once a party is served with the summons and petition for dissolution, they have 30 days to file a formal response with the Court. After this 30 days is expired, the petitioner has the option of filing for a default judgment granting them everything they asked for in their petition, including the dissolution of the marriage once the six month statutory cooling off period is completed. However, the respondent can come back within six months, under Code of Civil Procedure section 473, and get the default judgment set aside as if it never existed. Would such a default judgment also set aside the actual dissolution of the marriage, or do parties always remain divorced once they are divorced by the family court? Continue reading
You decided you want a divorce, you file for a divorce, and then…*crickets*… your spouse, for whatever reason, has decided not to participate in your divorce. Perhaps your spouse doesn’t understand the legal process, doesn’t want to get divorced, or he/she is upset that you filed for divorce and intends to do anything possible to make your life more difficult. If this sounds like you, don’t worry. YOU HAVE A RIGHT TO GET A DIVORCE, even if your spouse chooses not to take any part in it.
If you are experiencing the problem above and you wish to proceed with a divorce even in the face of an uncooperative spouse, you will need to seek a default judgment. In order to do so, you must follow very specific procedures to ensure that you will be granted a divorce. The following is a very general overview of the required steps (note that there may be additional forms or procedural steps that must be taken within each subsection which are not covered here). Continue reading
My favorite holiday song is Andy Williams’ version of “The Most Wonderful Time of the Year.” Something about that song encapsulates everything that is special about the winter holiday season. There are the lights, the food, the family, and the nostalgia of being a kid at Christmas. Now that I have a family of my own, seeing this special season through the eyes of my own children makes it all feel that much more real and special. However, for many divorced or divorcing parents the winter break is a difficult time. In this blog I want to address a couple common issues that divorcing parents face and with them provide some advice for enjoying the holidays in spite of the difficulties of a divorce. Continue reading
Change is a big part of any divorce. When you have children, dealing with change can be one of the most difficult parts of the divorce. No matter how many times people tell you that “kids are resilient and everything will be okay” it doesn’t make it any easier. The truth is, most kids handle divorce well especially when their parents are able to successfully co-parent. Nonetheless, there is one change that no amount of co-parenting can make easier. That is changing schools. Most families only have one residence which means that at least one parent will need to find a new home. If that new home happens to be in the same neighborhood as the former family residence, then changing schools should not be an issue. More often than not however, one parent moves to a residence that is zoned for a different school than the children currently attend.
So what do you do? Continue reading
If you have children and are currently going through the divorce process or have been recently divorced, you have probably already realized that the holidays as you’ve come to know them will be different from now on. The Thanksgiving holiday, as family-centered as it is, is one of the most difficult holidays to get through if you are just getting used to this idea. What follows is a brief overview of custody issues during the holidays and some tips on getting through the Thanksgiving holiday this year. Continue reading
Choosing your lawyer in a divorce case can be one of the most important decisions you ever make. You want someone who is experienced, intelligent, knowledgeable, and well-respected by the bench and bar. You might have noticed that some family lawyers advertise themselves as “Certified Family Law Specialists.” What are Certified Family Law Specialists and why should you consider hiring one?
San Diego Divorce Attorneys Blog