The Petition breakdown wraps up today. The Judicial Council updated the Petition and Response as of January 1, 2015. The information contained in the pre- and post-updated forms are (for the most part) the same. However, in seeking to complete the task at hand (a walk-through of…
In Oklahoma this week, a court ordered a husband to pay approximately $1,000,000,000 in “property division alimony” to his former wife. Click here or here for the complete story. While California does not have “property division alimony,” the case provides a good starting point with regard to property division and…
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…
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…
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…
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.
In Section 2 of the Petition, the Petitioner lists the Date of Marriage and the Date of Separation (“DOS”). These dates are important and can impact spousal support and the division of community property. Most people can agree on the Date of Marriage. But what is the DOS?…
Engagement rings are in the news this week. The Huffington Post reports on one gentleman’s attempt to sell a used ring. That angry seller got his ring back – but is that always the case? It depends. Are the parties disagreeing about the ring before the marriage takes…
After parties reach a Judgment in their dissolution (divorce) either by trial or settlement agreement, they may not necessarily be done dealing with each other. DO’s Modification: Parties may return to Court if circumstances change. If a party’s salary changes and the parties cannot reach agreement on a…
A family law judge in Spain has ordered parents to divide their family home in half. The judge found that dividing the family residence in half was in the best interest of the parents’ two daughters, ages 6 and 7. Click here to read in today’s New York Times….