In a divorce, personal property (such as furniture, furnishings, art, family photos, pets, and other general property) is treated no differently than the division of other assets. Parties to a divorce can spend a significant amount of money fighting over silverware and lamps by placing a dollar figure on each…
In a San Diego divorce, a party’s date of separation is the first date when either party subjectively (mentally) decided the marriage was over, finished, and not salvageable. The parties’ overt actions usually demonstrate that subjective frame of mind. For instance, there can’t be ongoing marriage counseling to save the…
Spousal support is an issue commonly litigated in a divorce in San Diego. Carol Abar filed for divorce after sixteen years of marriage, when she learned that her husband had sexually assaulted her daughter. In a hearing on spousal support (commonly referred to as alimony in San Diego), a California…
Although we are located in California, and primarily represent clients in divorce in San Diego, sometimes family law decisions made in other states are noteworthy. Recently, Florida lawmakers discussed putting a stop to spousal support awards extending beyond half the length of the marriage, even for long term marriages. There…
The National Network to End Domestic Violence recently spoke out against proposed Senate Bill 518, “The Healthy Marriages Act,” which would extend the waiting period for a divorce in North Carolina to two years and require the couple to complete courses on communication skills and conflict resolution. Further, if there…
On April 12, 2013, Kim Kardashian arrived at the family courthouse in Los Angeles to attend her Mandatory Settlement Conference (“MSC”). As San Diego divorce attorneys are aware, if the parties are unable to reach an agreement and must proceed to trial for court intervention on any issues, they are…
Recently, Patricia Cohen’s lawsuit against her former husband, billionaire Steve Cohen, was given the green light by a New York court. Ms. Cohen and her divorce attorney filed the lawsuit accusing Mr. Cohen of hiding assets during their 1990 divorce. In 2011, Ms. Cohen’s lawsuit had been dismissed because the…
As we have previously blogged, there are two distinct divorce paths that spouses can take in a San Diego divorce proceeding, the litigation path and the mediation path. As the case goes on, parties may end up using a combination of the two approaches. Part one of this blog explained…
In San Diego, once parties decide to file for divorce, it is not uncommon for them to be in a rush to just “get it over with”. However, rushing through the divorce process is easier said than done. One of the most important factors in determining the length of the…
Sharing Custody of Children During Religious Holidays As previously blogged about in “Part I: Religion and Child Custody,” a common issue in divorce revolves around which religion a child will follow after parents separate. Another common issue recognized by divorce attorneys is how to fairly share custody of children during…