California, like many states, has a waiting period for getting divorced. Under Section 2339(a) of the California Family Code, spouses cannot finalize their divorce until six months after, “the date of service of a copy of [the] summons and petition or the date of appearance of the respondent, whichever occurs first.” No Exceptions or Alternate Methods for […]

As Congress continues to grapple with the President’s mandate to find an alternative to the Affordable Care Act (also known as the ACA or Obamacare), the potential consequences of a repeal are weighing heavily in some spouses’ decisions regarding divorce. According to an article published on Time.com, some spouses are choosing to delay finalizing their divorces based, […]

Although divorce rates in the United States have declined gradually since 2000, in recent years, the number of divorces in which social media and connected devices have played a factor has been on the rise. Studies show that constant connectivity affects parents’ relationships with their children as well, with nearly a third of children saying that they […]

While it is common for couples to separate while their divorce is pending, this separation can raise a couple of unique issues with regard to distribution of the spouses’ property rights and financial responsibilities. For example, if the spouses are legally separated, any income earned during the separation period may qualify as “separate” (rather than […]

Spouses often choose to live apart while their divorce is pending. While this can be in everyone’s best interests (though neither spouse should leave the marital residence without first consulting an attorney), it raises some important questions: What if one spouse cannot support himself or herself independently? If the couple has children, how will they […]

Whether you are wealthy, your fiancé is in debt, or you simply see value in planning ahead, there are numerous reasons to consider entering into a prenuptial agreement in California. From addressing financial planning and tax considerations to the practicalities of married life, prenuptial agreements can serve a wide range of purposes, and soon-to-be spouses […]

More Americans are getting divorced in their senior years. While this trend has come as a surprise to some, if you are a senior citizen contemplating divorce, you understand that relationships can deteriorate gradually, and that changes in circumstances can warrant developing a new outlook on life. As individuals approach their later years in life, […]

Under California law, the obligation to pay child support ends at age 18 (or 19 if the child is still in high school). Except in cases of disability, California law does not contain provisions for adult child support. As a result, in the vast majority of cases, child support will not cover tuition, room and […]

If you are preparing for a divorce, you are preparing for a unique and complicated process that requires careful preparation and thoughtful decision-making. We have previously outlined 5 Steps to Prepare for Divorce and provided suggestions for Preparing for Your Divorce Consultation. In this article we take a step back and explain some of the […]

If your marriage has devolved to the point that you are considering a divorce or are concerned that your spouse may serve you with divorce papers, it is worth investing the time and effort to plan ahead. Going through a divorce is a process – not an event – and you will need to be […]

In California, once you or your spouse has been served with divorce papers, what happens next depends on whether you will be going through a contested or uncontested divorce. In this article, we provide a brief overview of what you can expect during both types of divorces in San Diego County. Before we get there, […]

  The answer to this question depends on many different factors, but there are very few situations where someone should even consider not revising his or her will after a divorce – or even earlier. Although most states assume that you do not want property going to your ex-spouse, it is always best to lay […]

They say that you can contract into anything. With prenuptial agreements becoming so commonplace, this is seeming more and more true – but how much of your spouse’s behavior can you actually control via a contract? If your spouse does not hold up the other half of the bargain, are you entitled to more of […]

  According to the behavior of many couples considering divorce, January seems to be the most popular month to begin the process of starting the next phase in their lives. There is also a similar but slightly lower peak around September. In addition to considering the reasons behind these trends, there are many other factors […]

Money is not the only factor that should be considered when getting a divorce, but it does not hurt to get divorced at the most financially-optimal time. In addition to tax considerations, there are many other financial benefits or pitfalls to review before finalizing a divorce. While many couples focus on dividing up assets, there […]

In the past couple of decades, pets have taken on an increasingly more important role in our lives, and now many people consider their pets to be members of the family instead of just animals that they own. The United States legal system has begun to follow suit in rulings on divorce proceedings. Where pets […]

There has not been an outright movement – perhaps because this issue is not as romantic as the case for same-sex marriage – but lately more and more couples have been struggling to get a same-sex divorce. Where is Same-Sex Divorce Legal? In states where same-sex marriage is legal, same-sex divorce is also an option. […]

Although divorce has only become more and more socially accepted each decade, divorce rates have begun to go down since their peak in the late 1970s and early 1980s. According to an article by The New York Times, “Those who married in the 2000s are so far divorcing at even lower rates. If current trends […]

When you are newly in love and the stars are twinkling, birds chirping, and hearts floating ‘round your head, the last thing you really want to think about is the “what if” factors of the relationship. At that moment in time, it seems that life could not possibly go on without the other person in […]