Monthly Archives: September 2012

If you are considering declaring bankruptcy during your California divorce, you really should consult an expert, preferably one in bankruptcy and one in family law. Filing for bankruptcy has a “ripple effect” in other courts in that there is an automatic stay of litigation until the bankruptcy case is adjudicated. This can have ramifications in…

Divorce attorneys in Orange County and family law practitioners throughout California use this jargon all the time. The number refers to California Evidence Code section 730, which has to do with the court’s appointing an expert to investigate and to make a report to the court concerning a complicated issue in a case. In a…

A common question I get from people is what happens if we forget to list a community property asset? Well, assuming the asset was never listed on the declarations of disclosure and never found its way into the judgment, the court should have jurisdiction to divide the asset. Family code section 2556 gives the court…

While you are still married, planning for your divorce in California may feel a little unwholesome or even disloyal to your spouse because, well, you’re still married. Most of us have been brought up to feel this way and feel guilty for even contemplating divorce. However, if you are seeing signs of an impending divorce,…

Fathers’ Rights in Orange County California Child Custody Cases – Part 1 If you are a father facing an initial custody determination in an Orange County divorce case, or you are contemplating modifying your current custody orders, this question has no doubt come across your mind: “Do fathers have rights in an Orange County California…

Most divorcing parties can agree on when they separated.  Maybe there was an event that was “the last straw” and one party demanded a divorce, or the parties cannot remember an exact date but know within a week or so when there was an irremediable breakdown in the marriage.  For some divorcing spouses, however, it…

Whether you are in an Orange County divorce, legal separation, or paternity proceeding, if you have children, you will have to deal with the issue of child support sooner or later. Child support is something that parents must deal with when their children live part of the time with one parent and part of the…

How long do you pay spousal support (alimony) in an Orange County, California divorce? Well, to answer that question, one needs to know how long the marriage lasted.  The rule of thumb, at least for marriages lasting less than 10 years, is that support is generally due for one-half the duration of the marriage.  There…

One of the most troublesome issues in an Orange County divorce is what to do with the marital home.  For many divorcing couples the family residence represents the family’s life savings in the form of equity built up in the house.  Depending on the parties’ goals, there are many options to disposing of the community’s…

It is a common question that most parents dealing with Orange County child support issues have.  Whether you are the child support payor or the recipient, it is often a struggle for each parent to manage a budget and adequately meet their child’s needs.  There are two California statutes that should be read together to…