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In Divorce

Divorce and Facebook: Could You Be Hurting Your Own Case?

Do you know who’s looking at your Facebook page?  Most people know that potential employers often check out your Facebook or MySpace profile before hiring you.  But, this is also an important consideration if you’re going through a divorce.  Your social media accounts (such as Facebook, MySpace, Twitter, YouTube, or LinkedIn) could contain a mountain of evidence that your soon-to-be ex spouse might use against you in court.

The use of online evidence in divorce cases has become so common that Time magazine recently featured an article about Facebook and divorce.  It has been reported by the American Academy of Matrimonial Lawyers that over the last five years, 81% of its divorce attorneys have dealt with evidence obtained from social networking websites.  When someone is going through a divorce, these websites can serve as an outlet to express their feelings of anger, hurt, or disappointment.  But sometimes, a person’s online posts may come back to haunt them. Continue Reading

In Division of Marital Assets

Division of Debts in a California Divorce

The division of assets and debts in a California divorce depends on their character.  Giving assets and debts a “character” sounds quite odd.  But how assets and debts are labeled ultimately determines who gets to keep what, and who is responsible for what.

Under California Family Code section 910 the community (meaning both spouses) is liable for all debts incurred during the marriage and prior to separation. It does not matter whether the debt was incurred by one spouse for his or her own benefit or for the family. It also doesn’t matter whose name appears on the bill or the credit card statements. If the debt was incurred during the marriage and before separation, it is a community debt and both spouses are equally liable. Debt incurred after separation may be either community or separate debt, depending on the circumstances. Continue Reading

In Divorce

Modifying Alimony/Spousal Support in California

The idea that a husband should financially support his ex-wife in the form of monthly alimony payments after a divorce has remained a tenet in divorce law throughout the United States and in California. According to the U.S. Census Bureau, in 2009, men accounted for 97% of alimony.  Alternatively, the idea that a dissolution order wherein both parties waive any right to past, present, or future alimony is FINAL has been perceived as an absolute in divorce law. Yet, both of these concepts are being challenged as the recession has given rise to greater numbers of unemployment and has depleted retirement and saving accounts.  According to statistics gathered by the American Academy of Matrimonial Lawyers, there has been a “spike” in clients seeking modification of their alimony obligations and attempts to rewrite divorce agreements.
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In Division of Marital Assets

Career Building During Marriage: Getting Education Costs Back In a California Divorce

Let’s say that a husband works full-time to support his wife while she goes to medical school.  The couple’s joint money is used to pay for the wife’s medical school, but not long after the wife becomes a doctor, the two decide to divorce.  Since the money used to pay for the wife’s education was community property (usually property is “community” if it was earned while married), should the wife pay this money back to the community estate upon divorce?

Many married couples in California have spent a lot of money on one spouse’s education.  Despite the steep price of an education, many couples feel it’s worth the cost because of the potential financial benefits they’ll both share down the road.  But what if there’s a divorce? Continue Reading

In Divorce

The 7 Deadly Sins You May be Guilty of After Your California Divorce

The road toward getting your California divorce judgment probably felt long and rough at times.  You worked hard to protect your family and financial interests during the divorce, and now you need to do the same after the divorce.  While not quite “deadly sins,” it’s still essential that you avoid these post-divorce mistakes before any damage is done.  You may want to ask yourself, are you guilty of any of the following? Continue Reading

In Divorce

Family and Financial Protection During Your San Diego Divorce, Part Two: What Other Court Orders Will You Need?

Divorces in San Diego and throughout California can’t become final until at least six months after a spouse is served with divorce papers.  Usually, a divorce will take longer than this minimum waiting period.  Many steps need to be taken during the transition to protect your family, business, and finances.

For divorcing spouses who have kids, a Divorcesupport.com blog provides advice on how to best meet your children’s emotional needs during a divorce.  It cautions that you shouldn’t be the only one providing your kids with emotional support.  When family and friends aren’t enough, then look for counseling options.  You’re also encouraged to get emotional support for yourself, such as through a local support group, family, and friends. Continue Reading

In Divorce

Family and Financial Protection During Your San Diego Divorce, Part One: Mandatory Restrictions

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

In Child Support

When Can a Judge Impute Income to an Unemployed Parent? Understanding How California Family Courts Calculate Child Support

Hard financial times are still troubling many parents in California who have been laid off from their jobs.  The Associated Press reports in the Los Angeles Times that nationally, new jobless claims have recently risen higher than expected, although California has fortunately seen some decreases.  For many of these parents who owe child support, the question is, when unemployment benefits end, will that parent be excused from paying the support until a new job is found?  On the other hand, if the paying parent is lucky enough to be in a better financial position than when the child support was first ordered, will that parent automatically pay more now to support his or her child?  The short answer in either case is no, and will continue to be no, unless and until one of the parent’s gets the child support order modified in family court.  Continue Reading

In Legal Separation

The Annulment: When Will California Law Say a Marriage Never Existed?

When a judge grants an annulment in California, the parties are deemed to have never been married in the eyes of the law (although the wedding guests who witnessed the union may tend to disagree).  Compare this to a dissolution (divorce), where a valid marriage is terminated for reasons created post-marriage.  Under California law, the grounds for nullifying a marriage or domestic partnership are broader than commonly believed.  Even so, most marriages can’t be undone with an annulment, and despite the myths, an annulment is not an easy way out.  An annulment is a potential alternative to divorce only when there’s reason to question the validity of the marriage.  Immediate regret and disappointment are not legal bases for annulling a marriage.  Depending on the basis for the annulment, a judge may either declare the marriage to have been unlawful from the outset (a “void” marriage), or to have been valid until formally annulled by the court (a “voidable” marriage).  Continue Reading

In Division of Marital Assets

It’s Not Too Late: The Postnuptial (or Marital) Agreement in California

The postnup hasn’t been in the spotlight nearly as much as its well known counterpart-the prenuptial agreement-but both agreements carry many of the same goals for California couples.  A postnup is a financial agreement created after getting married, as opposed to a prenuptial or premarital agreement that can only be entered into prior to exchanging vows.  A postnup, also called a marital agreement, is used to plan how the property you and your spouse own together or separately will be divided and distributed if there’s a separation, divorce, or death.  For some, a marital agreement can be created to address financial issues that are troubling a marriage.  On this point, a CNN article by Robert DiGiacomo, “Quit Fighting – Get a Postnuptial Agreement,” relates the story of a couple that had been married for 30 years but often fought over money.  They decided to get a postnuptial agreement, and although it didn’t solve all their problems, the two were able to ease tensions and “breathe easier” once they got a marital agreement.  While there’s no assurance that a marital agreement will help break an impasse for other marriages, for some, a postnup allows the couple to work on other issues once financial questions are resolved.  Continue Reading

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