We are divorce attorneys, not tax experts, but marriage and finances are so intertwined that inevitably divorce and taxes do intersect. Each year as the IRS tax return filing deadline approaches, we are increasingly confronted by our clients with tax preparation questions. For specific tax inquiries, we advise that you consult a tax professional. However, we felt it may be useful to share a brief (non-exhaustive) list of some common points Continue reading
The lender intent rule in California family law is, at once, one of the most consequential and one of the most unfathomable rules.
The general idea is this: if a loan is incurred during the marriage, that loan, and any proceeds acquired with said loan, will presumed to be a community obligation/property. The burden then falls on the party seeking to show that the loan is separate to produce evidence to that effect. What exactly is that burden? Well, therein lies the rub.
The State of California imposes very broad duties of disclosure between spouses that are in the midst of a divorce. Inevitably, a spouse will try to cut corners or try to defraud their spouse altogether in an attempt to get an edge in the divorce case. The Family Code has built-in provisions that severely punish or otherwise disincentivize this kind of behavior. We will talk about a few of these provisions below.
Billionaire tech mogul Elon Musk’s wife, British actress Talulah Riley, filed for divorce on March 21st in Los Angeles. Musk may be experiencing deja vu right about now, as this is the second time that the couple will be going through a divorce. Originally married in 2010, the two already divorced in 2012. Then they remarried just a year later, in 2013. And yet again, Musk filed for divorce in 2015, only to later dismiss his request. This time it is Riley who pulled the trigger to initiate the divorce process once again.
California has one of the most complicated child support laws of any state. Sometimes, the complications don’t end once you have an order: a parent sometimes has to deal with the other parent not paying the Court ordered child support. Here are 5 helpful tips Continue reading
Coldplay singer Chris Martin opened up in an interview published in The Sunday Times on March 20th about his 2014 spilt with Gwyneth Paltrow. He described his divorce from Paltrow as a “weird one,” their split having been referred to as a “conscious uncoupling” rather than a “divorce,” where they remain close and continue to take vacations together with their two children. But even as smooth as their split has seemed, Martin admits that it led to a year-long depression, and he continues to struggle daily.
At a recent continuing education seminar for San Diego family law attorneys, a family court judge was asked what, if anything, the court tries to do to minimize the harmful impacts of divorce on children. The judge responded that she often refers families in her courtroom to a program called Kids’ Turn San Diego, and that she has found the program to be very beneficial for children whose parents are going through a divorce. I began to do some research on the program out of my own curiosity, and I’ve decided to share a bit about the program in case any of our readers with children are also interested in knowing more about what they can do to help their child cope with divorce or separation.
Let’s be honest shall we? I am a custody attorney, and there is only one kind of custody case that I take to trial; the high conflict custody case. (Okay…To be fair I take other custody cases to trial that are not “high conflict”, but those are generally move away cases that almost always require a trial.)
But just as a robbery detective does not do his job because he loves theft, as a custody lawyer I do not do my job because I love high conflict cases. Quite the opposite is true. My favorite case is the “low conflict” custody case. The problem is those cases do not get talked about.
One of the most frequent complaints I hear from family law litigants is the length of time it takes to finalize their divorce. Some of the fault for this complaint is institutional while a good deal of the time it takes to finalize a divorce is a result of each case’s unique issues. In this blog I want to discuss some of the institutional reason why divorce cases take time to resolve.
Last week, we wrote a post with some tips about child custody and international travel. This week, we will look a little more closely at the provisions in the Family Code that help the Court prevent international child abductions. Although the relevant provisions apply to domestic as well as international child abductions, we will be focusing on the international aspects in this post. While domestic child abduction is still a concern worth writing about, it is much more difficult to undo the harmful effects of an international abduction.
Before a Court can make orders intended to prevent the risk of abduction, the Court first must find that there is such a risk.