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.” If you are like most spouses […]

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, […]

Getting divorced can be a hectic experience: it’s often emotional, complicated, and lasts longer than most people would like. To add another layer of unpleasantness to your divorce, there are tax implications that need to be considered as you work through you separation. Splitting from your spouse, dividing up your assets and sharing custody of […]

  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 […]

When you are getting a divorce, it is just as important to fight for your assets as it is to try to get rid of your debt. No matter how many assets you have or how high your net worth is, you still may have debt such as a low interest rate mortgage or student […]

Top Divorce Trends in 2014 2014 showed us some pretty surprising trends in divorce that have begun to accompany California’s reported high (near 75%) divorce rate*. Of course, no one goes into marriage with plans to get a divorce, so besides being unfortunate, in many cases, it’s inevitable. So, what’s changing with the world of […]

Hiring a San Diego Family Lawyer In today’s unsettling economy, many Americans are resorting to any means possible to save their hard earned money. Unfortunately, in the legal arena, some people attempt to handle family law or divorce cases without the aid of an attorney. By doing so, they potentially make matters much worse and […]

Myths About California Divorce Many people still feel that only husbands pay support and that only wives receive support. The term “spousal support” is gender-neutral because either spouse can pay support to the other spouse. For most individuals who file divorce in California, the legal basis is referred to as “irreconcilable differences.” California is a “no […]

Divorce Statistics With Americans’ gnawing need to know, most seek relevant information regarding the diverse demographics involving marital statistics including divorce statistics. Recently, a U.S census bureau report revealed some startling divorce statistics. What is unique about this survey was the collection of national and state level marriage and divorce statistics including demographic characteristics of […]

In a partial reaffirmation, the California Court of Appeals, 4th Judicial District, heard a case involving a lump sum payment of Worker’s Compensation Benefits to wife after the Parties have separated.  The Court of Appeals affirmed that part of wife’s lump-sum settlement represented compensation for lost earnings during the marriage.  The Court found that portion […]

California follows the “no-fault divorce” concept. In other words, in California, a dissolution of marriage can be granted if the Court finds there to be “irreconcilable differences” that have caused an irrevocable breakdown of the marriage. In effect, this means that if a married person wants to end their marriage, that person can do so, […]