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Family Law Blog

Ex-Spouse Beware? Pensions and Estate Plans After a California Divorce

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

Battle is Waged on Two Fronts Now That California’s Proposition 8 is Upheld

Even though the California Supreme Court reached its decision to uphold the same-sex marriage ban, both Proposition 8 supporters and opponents still have a lot of work ahead of them. The Los Angeles Times reports that fund raising efforts have begun on both sides, as the possibility of voter re-amendment of the constitution in 2010 to restore gay marriage is being planned. Strangely enough, the two rival lawyers in the Bush v. Gore case are now working together and have set the stage for a federal challenge to Proposition 8, as discussed in the San Diego Union Tribune. Continue Reading

Protect Yourself by Playing Fair: Why You Shouldn’t Hide Assets in a California Divorce

If you’re thinking about how to handle your California divorce and protect your assets, you may want to take into account the divorce of millionaire H. Beatty Chadwick. He’s never been charged with a crime, but since 1995 he’s been jailed for civil contempt after $2.5 million didn’t turn up during his divorce proceedings. When will he get out? Possibly not until he produces the money. While his wife believes he hid the money in offshore bank accounts, Chadwick maintains he lost the money in a failed overseas investment.  It’s important to protect your financial interests, but hiding assets or hiding money behind fraudulent business transactions is never the answer. Continue Reading