Articles Posted in Divorce Settlement

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It’s no secret that many divorces can be difficult and contentious (although they certainly don’t have to be). Between the raw feelings from splitting up, disagreements regarding how to deal with the children, and the inability to reach agreements regarding spousal support and property, things can be difficult. One case in particular, Sagonowsky v. Kekoa, illustrates what happens when a contentious case totally goes off the rails.

The appeals court, in somewhat of an understatement, called the underlying proceedings a “lengthy and acrimonious battle.” Here are just some of the ways this case was acrimonious: Continue reading

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This won’t be the first, and probably won’t be the last, time that I post a blog about how dogs get treated in a divorce. Why? As a dog owner I know what a meaningful role the family pet plays in our lives. As an attorney, I have seen the emotional impact that this issue can have on my clients. Because pets play such a big role our lives, it can become a major issue when divorcing spouses don’t agree on what should happen to the dog when they divorce. In Part 1 of this blog, I examine a recent decision by a Canadian judge and in Part 2, new legislation in Alaska, which together make this topic more relevant than ever.

A decision of the Queen’s Bench for Saskatchewan dated August 31, 2016 begins by stating “Dogs are wonderful creatures. They are often highly intelligent, sensitive, and active, and are our constant and faithful companions. Many dogs are treated as member of the family with whom they live.” True! I don’t think any dog or pet owner could disagree with that! Continue reading

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Personal health is a very important aspect of our lives, but for some reason we do not seem to give it as much thought as we should until that health is compromised.  It is cold and flu season right now and many of you reading this have either had a cold this year, or are going to catch one in the near future.  To those readers who will avoid getting sick this year, please tell us your secrets because we want to know. 

Getting the cold or the flu is not the “health” I am referring to in this blog.  When I discuss health, I am referring to long-term or chronic health issues such as Lyme’s disease.  This also includes mental health issues such as clinical depression, as well as physical disabilities like carpel tunnel syndrome or paraplegia.  These chronic health issues are all very different, but they do have one thing in common; they often impact a person’s ability to work. Continue reading

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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

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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

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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

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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

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..…I just couldn’t pass up the chance to write about a divorcing couple that went through a heated battle over World Series tickets. Apparently this battle became was so “serious” that a suburban wife felt it appropriate to file an emergency petition in a Chicago court for orders that the husband hand over the tickets which were obtained prior to filing for divorce. Even more surprising is the fact that the Chicago judge made an emergency ruling on this issue. Read on to find out what the ruling was. Continue reading

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Child support in California can be very complicated and the changed circumstances rule is one of the reasons why. The changed circumstances rule requires a court to deny a request to modify child support if the court determines that there was no material change in circumstances since the time the last child support order was made.

First, let’s go over some basics. California, like every other state, is required to have a Guideline formula to determine what the proper amount of support should be. The Court is required to follow the Guideline, absent a few very narrowly construed exceptions (See Family Code section 4059). If a child support order is determined to be “above Guideline,” i.e. more than what the formula would provide, that child support order cannot be subsequently changed unless there has been a material change of circumstances. However, if a child support order is determined to be “below guideline,” no change of circumstances is required to increase that order to a Guideline order. Continue reading

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Bifurcation is an often underutilized procedure in civil cases (including family law cases) that, if used correctly, can significantly reduce the attorney fees and costs necessary to bring a case to a conclusion and can significantly increase the prospect of settlement.

So what is bifurcation exactly? In the process of bifurcation, the Court, usually on the motion of one of the parties, agrees to hear a trial on just one part of a case. Often times there are difficult issues, that once resolved, simplify the rest of the case. Continue reading

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