As divorce attorneys, it is often useful to recall the reasons that people get married in the first place. We may try not to be cynical of the union of marriage, but it is easier said than done when every day is spent helping people navigate through their divorces. And,…
Articles Posted in Property Division
Fact or Fiction: When you marry your spouse, do you really marry their debt too?
It is often said that when one marries his or her spouse, he or she is also “marrying their debt.” Is that how it works in California, too? It depends. Family Code section 910 provides the following: “(a) Except as otherwise expressly provided by statute, the community estate is liable…
DO I NEED A DIVORCE ATTORNEY?
If you are considering a divorce or are already involved in the divorce process, you have likely done some research and been left scratching your head in bewilderment. Divorce is so common these days that you may assume it’s easy to do. Unfortunately, however, it’s not the most “user friendly”…
The Supreme Court Interprets “Living Separate and Apart” in Marriage of Davis
In Marriage of Davis, the Supreme Court of California was asked to decide the following question: can spouses truly be “living separate and apart” within the meaning of Family Code section 771(a) if they share the same residence? The Court, in a unanimous decision, held that spouses cannot be separated…
Same-Sex Divorce
In recent years, same-sex marriage has undergone a radical transformation in California and in the rest of the nation. Bickford Blado & Botros are well aware of these important changes in the law. On June 16, 2008, the Supreme Court of California held that California’s same-sex marriage ban was not…
Never Look a Gift Horse in the Mouth
The divorce battle between celebrity Chef Bobby Flay and his Wife of a little over 10 years, Stephanie March, have been anything but civil. At the heart of the divorce is a premarital agreement executed by the parties before they said their nuptials. The agreement clearly lays out what Stephanie…
Pets are People Too, Right?
Pets are members of our families, and we would be horrified if something happened to them. For example Johnny Depp’s dogs face being euthanized when he flew them to Australia without permission. Most of us will not face this type of situation with our pets, but what happens to your…
Co-Parenting Fido with your Ex-Spouse
For many couples, worrying about who will get custody over the family pet is just as important as worrying about custody of the children. This is because pets are like family for many people. Although pets are treated like personal property under the eyes of the law in California, they…
Keeping Inherited Money Separate
Most parents want to ensure their children have every advantage and opportunity they can afford to provide to ensure they are successful and happy. Many parents also want to leave a financial legacy for their children after they pass away in the form of trusts or inheritances. These gifts of…
Duke Order – What is it and How do I Get One?
Dealing with what to do with the family home is a big issue for divorcing couples. Typically one spouse will buy out the other spouse’s interest or the house will be sold and the proceeds divided between the parties. However, when the parties have a minor child, another option that…