In this segment, we will discuss how debt in one spouse’s name is generally presumed by the public to be the sole and separate obligation of that spouse and how that presumption is often wrong. In assessing whether a debt obligation in one spouse’s name is truly just the responsibility of that spouse, we firstContinue reading “Misconceptions of Divorce/Legal Separation & Debt (Part 2)”
Category Archives: Divorce
Misconceptions of Divorce/Legal Separation & Debt (Part 1)
Shocking News Flash: A breakdown of one’s marriage and debt usually go hand in hand. Money issues can lead to separation and separation between married people can lead to substantial debt issues. Debt does not go away when a couple separates; it merely sits in wait, ready to pounce as the next woe to beContinue reading “Misconceptions of Divorce/Legal Separation & Debt (Part 1)”
Can I Get An Annulment Or Do I Have To Get A Dissolution?
Many people come to my office determined to get an annulment to their marriage/domestic partnership because they’ve heard it’s simpler than getting a dissolution of marriage/partnership. In some cases, this is true, but an annulment is only possible under certain circumstances and there must be sufficient grounds for taking this action. First, let’s get theContinue reading “Can I Get An Annulment Or Do I Have To Get A Dissolution?”
Beware of Social Media Damaging Your Case
We all know or should know, that anything we post or upload online can be a risky proposition. Embarrassing celebrity videos or compromising text messages are in the news all the time. Don’t we all think to ourselves, “How could they be so stupid as to let that happen? I would never make that kindContinue reading “Beware of Social Media Damaging Your Case”
Want to Bad-Mouth Your Ex-Spouse? Bite Your Tongue!
Divorce triggers a lot of strong feelings so it’s natural for each side to have negative emotions and the desire to express them. But as a family law attorney with extensive experience in this area, I strongly urge my clients not to express those feelings in the home setting. Kids are “sponges” As a parentContinue reading “Want to Bad-Mouth Your Ex-Spouse? Bite Your Tongue!”
Is “Contempt of Court” the Right Strategy to Use for a Court Order Violation?
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 courtContinue reading “Is “Contempt of Court” the Right Strategy to Use for a Court Order Violation?”
Why Date of Separation is Important in a Divorce or Dissolution of Domestic Partnership Proceeding
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 orContinue reading “Why Date of Separation is Important in a Divorce or Dissolution of Domestic Partnership Proceeding”
The Double-Whammy Of Divorce And Debt
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 herContinue reading “The Double-Whammy Of Divorce And Debt”
Divorce in California: What “No Fault” Means
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.”Continue reading “Divorce in California: What “No Fault” Means”
When Divorce Happens Later in Life
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 drasticContinue reading “When Divorce Happens Later in Life”
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