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In Division of Marital Assets

Military Benefits Owed by a Non-Military Spouse in a California Divorce

A military divorce is uniquely complicated, in part because there are specific laws that determine what military benefits can be claimed by a nonmilitary ex-spouse of a service member.  If you or your spouse is in the military and are considering divorce, here is what you should know about the nonmilitary spouse’s benefit rights following the divorce.

Summary of Unique Military Benefits

If the nonmilitary ex-spouse of a service member meets all the required conditions, he or she may be entitled to military benefits that include: Continue Reading

In Divorce

The Benefits of a “No-Court” Divorce

A “no court” divorce, also called “collaborative divorce” is a way for divorcing spouses to resolve all the major issues of divorce outside of court. This gives control over important matters like property division, child custody, and support to the spouses rather than to a judge.

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In Division of Marital Assets

How Divorce Affects a Family-Owned Business

When a couple owns a business together, the dissolution of their marriage or registered domestic partnership has the potential to seriously harm their business. Because the business is likely to be one of the most valuable assets the couple has, protecting the business during the dissolution should be a joint priority.  Both parties need to remember that unless there was a written agreement that the business would be the separate property of one of the parties, the community property will include the amount by which the business has appreciated during the marriage, and each of them will own half of that amount. Continue Reading

In Divorce

Getting Temporary Emergency Orders in San Diego Divorce and Family Law Cases

If you have a divorce or other family law case pending in a San Diego court, there’s a difference between getting a temporary order and an emergency order.  Temporary orders are common, and these are usually orders that a court makes after a hearing with all parties.  But sometimes one side may ask the court to make an order immediately—without notifying the other side and without a hearing.  This is called an “ex parte” order, and they’re not granted in the typical divorce or child custody case.  Continue Reading

In Division of Marital Assets

How to Handle an Upside-Down Property in a Divorce

It once was the case that a jointly-owned house was a divorcing couple’s largest asset. However, in this poor economy, many divorcing couples find themselves with homes that are “upside-down,” worth less than amount owed on the mortgage. Upside-down property can be one of the most difficult assets to handle in a divorce.

When a divorcing couple owns a house worth MORE than the mortgage, one of two things usually happen: Continue Reading

In Child Support

Navigating the California Courts to Collect Unpaid Support

When a couple divorces, one spouse is often required to pay money to support the children (child support) and/or the other spouse (spousal support or alimony).  Unfortunately, getting an award for support and collecting it are two different things entirely.

It’s up to the spouse receiving the money to make sure that the money is being paid and to take action if it is not.  Courts in California will not step in automatically.  If your ex-spouse isn’t paying, then you or your attorney can ask the court to deduct support payments from their paycheck; this is called “wage garnishment.” Continue Reading

In Divorce

Relationship Conflicts and Divorce Law

It’s well known that divorces can be difficult.  Besides dealing with property division, alimony, child support, and visitation, the spouses must also cope with the array of emotions accompanying the end of their marriage.  Those emotions can worsen already-existing conflicts and make the divorce process more difficult.

As a sociologist recently explained, no marriage is conflict-free, and those conflicts may fall into one of four categories.  First are “one-time, solvable problems,” which are conflicts created by a particular situation, not a clash of personalities.  Second are “cyclical conflicts,” which are ongoing, but alternate between being a big problem at some times, a small problem at others.  Third are “deal-breakers” – the sort of conflicts that cannot be solved by agreement, because they arise from a fundamental difference in personality or belief.  Lastly, there are “wounding problems.”  These conflicts arise over and over – like cyclical problems – but they tend to produce feelings of hurt and frustration, and can be very difficult to resolve.  Continue Reading

In Domestic Partnerships

Domestic Partnerships in California

People living in California are well aware of the ongoing controversy surrounding Proposition 8, the ballot measure seeking to ban gay marriage, which was passed in 2008 and subsequently upheld by the California Supreme Court.  However, in August 2010, a federal judge ruled that Proposition 8 violates the U.S. Constitution’s guarantees of due process and equal protection.  The controversy is likely to go on for some time, as the case is expected to reach the United States Supreme Court.
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