The Petition – Part 5 – Community Property

At Part 5 of the Petition, the Petitioner can identify his or her separate property.  Community property is: Property acquired during the marriage (except if it’s not per the separate property statutes (Family Code Section 760) or the parties agree otherwise in a prenuptial agreement)  . Community property is…

The Petition – Part 4 – Separate Property

At Part 4 of the Petition, the Petitioner can identify his or her separate property.  Separate property is: All property owned by the person before marriage. All property acquired by the person after marriage by gift, bequest, devise, or descent. The rents, issues, and profits of the property…

Lottery and Divorce

An Indiana lottery winner was ordered to share some (but not half) of his lottery winnings with his spouse.  The parties had been living separate and apart for several years, but neither had filed for a legal separation or divorce.  Click here for the complete article. This blog…

More on Adult Child Support

On March 5, this blog referenced a New Jersery adult child support case and a California parent’s responsibility (or lack thereof) to pay for a child’s college education. As previously noted, parents are not responsible for their non-minor children unless the child is “incapacitated from earning a living…

Split – A must see divorce documentary by film maker Ellen Bruno

Twelve bright, articulate kids talk about their experiences as children of divorce in this sad, funny and thought provoking new documentary by Ellen Bruno.  Divorced parents should see this film.  Click here for more information.

Divorce need NOT end that family business

NPR reports on divorced couples who continue working together in the old family business. The parties may not love each other, but they can work together.

The Petition – Part 3 – kids

In a California dissolution, the Court will make custody and visitation orders regarding the minor children (to be discussed under Part 7(a) – (c). Before it can make such orders, the Court must first determine if it has jurisdiction (the power or authority) to make such orders. If…

Child Support – above guideline?

In Washington, DC, parents are in court disputing the appropriate amount of child support to be paid for the parties’ two children.  It gets press (here at the Washington Post) because of the money involved (millions) and because the father, Peter Orszag, is a former Clinton and Obama administration…

Supreme Court Family Law Decision

On December 11, 2013, this blog discussed Lozano v. Alvarez , an international family law case at the Supreme Court.  The Court issued its unanimous decision today. The Court ruled that the Hague convention’s one-year requirement to file a claim is not equitably tolled (i.e.paused) even if the removing parent…

(ALL!) NJ Parents Breathe a Sigh of Relief

New Jersey parents can sleep a little easier tonight knowing that one of their own won’t have to pay for their over-18-child-who-would-not-listen-yet sued-them-in-court-for-child-support youngster.  The full story is here. In California, both parents are responsible for the support of their minor children.  Fam. Code § 3900.  The duty to…