Clients often ask me what they can do when an ex-spouse or former domestic partner violates or ignores a Family Court order regarding child support, visitation rights, restraining orders, etc. If such a violation occurs, they ask, shouldn’t the offending party be subject to a contempt of court action? In California, most contempt of court […]
In any dissolution of a marriage or domestic partnership, one critical issue of fact is the date of separation. Generally, “date of separation” is defined as the time when the people involved actually separate—either physically (one party moves out of the common residence) or subjectively (when one party feels the marriage is truly over or […]
Sometimes bankruptcy is worth considering as an answer to your debt problems. But before coming to that decision, there are other options—one good, one bad—worth exploring. Here’s a bad option: Ignore your debt. Some people fall into debt and just pretend it’s not there. Others think they can put off creditors and debt collectors indefinitely. […]
It’s a sad fact of life but money issues often lead to marital discord, which in turn can lead to the overall breakdown of marriage and eventual divorce. In this difficult area, many misconceptions persist regarding the responsibility of debts. For example, one client recently came to me with the following situation: she and her […]
Although California has been a “no-fault” divorce state since 1969, people still come to my office saying, “I don’t know if I have grounds for divorce.” That’s the stark simplicity of “no-fault”—in this state, the only standard for obtaining a divorce is proof that “irreconcilable differences have led to an irremediable breakdown of the marriage.” […]
Age is not a predictor of divorce. It can happen to anyone at any time. Many older people feel trapped in a burdensome marriage because they either feel they cannot move on financially without the combined income and resources they have grown accustomed to or feel they are too old to make such a drastic […]
If you’re thinking of representing yourself in a divorce proceeding, there are two options I would suggest considering. Both come with significant pros and cons, which you should be aware of before moving forward. Option 1 – Family Law Facilitator Most counties in California offer a “for-free” service called the Family Law Facilitator. One or […]
In a recent blog post, I discussed the pros and cons of choosing to represent yourself in court actions, rather than hiring an attorney to handle your matter. In such legal areas as civil litigation, family law, bankruptcy, small claims, traffic court, etc., there are times when you can act effectively on your own behalf […]
If you’re thinking of representing yourself in a divorce or dissolution of domestic partnership proceeding in California, there are two options I would suggest considering. Both come with significant pros and cons, which you should be aware of before moving forward. Option 1 – Family Law Facilitator Most counties in California offer a “for-free” service […]
Is someone who relies upon support payments from his or her ex-spouse (either for themselves or for any children they may have) affected when their former spouse or partner files for bankruptcy? When someone files for bankruptcy relief under Chapter 7 or Chapter 13, that person’s creditors must immediately stop all collection efforts on their […]