Divorce

Here in San Diego, there’s no shortage of ways for a divorcing spouse to spend away all of the couple’s assets during a divorce, if he or she really wanted to.  Thankfully for the other spouse or domestic partner, one important way that California deals with this concern is with “automatic temporary restraining orders.”

An automatic temporary restraining order (ATRO) sets out many ground rules that both spouses have to comply with during the divorce process, known as “dissolution of marriage” in California.  For the spouse who begins the divorce, the ATROs are effective when the divorce papers are filed in court.  For the spouse responding to the divorce, the order goes into effect once the divorce papers are served. Continue Reading

If you’re getting married, then you should think about how California’s community property rules will affect you, and whether there’s a better way for you to promote your financial goals.  You may have heard that after seven years together, Harrison Ford and Calista Flockhart confirmed they’re getting married, and I can’t help but wonder-will there be a prenup?  Thinking back to another famous Hollywood marriage, the Tom Cruise-Katie Holmes prenuptial agreement reportedly provides Holmes from between $3 to $33 million per year, according to MSNBC. Continue Reading

If your California divorce decree says that you or your former spouse will give up the right to the other’s pension, is it ever possible for that spouse to be paid the benefits anyway? San Diego divorcées and soon to be ex-spouses alike should pay attention, because earlier this year the United States Supreme Court ruled on this question in Kennedy v. Plan Administrator for DuPont Savings & Investment Plan. Continue Reading