A San Diego client recently asked me if the court could seize control of the parties community property business, which was started during marriage and is managed by his spouse. His question was prompted by what recently happened to the Los Angeles Dodgers. The owners of the Dodgers, Frank and…
San Diego Divorce Attorneys Blog
Is the Spousal Support Waiver in Our Premarital Agreement Valid?
As a San Diego attorney, clients with premarital agreements often ask whether the spousal support waiver provision in their premarital agreement is enforceable. Whether my client wants to enforce the agreement or have it not enforced, the answer is – it depends. The Premarital Agreement Act applies to premarital agreements…
What if I want to move with the children?
Sometimes, during or after a divorce, my client may decide to move away from San Diego. The most frequent reasons I hear are that my client can no longer afford to live in San Diego, have family/friends elsewhere, or received a great job offer out of San Diego. When there…
Family Law Filing Fees in San Diego County
If you are heading to the court house to file a Petition for dissolution of marriage (or a Response), don’t forget to bring your check book. Here in San Diego County, the current filing fee for a “first paper” (which includes a Petition or a Response) is $395. And while…
Divorce Litigation: Can My Spouse Pay For My Attorney?
Did you happen to catch CNBC’s documentary Divorce Wars when it premiered last weekend? Promoted as “CNBC goes inside the confidential world of multi-million dollar divorce revealing the secrets of winning and losing on a battle field of emotional pain and financial gain”, the show highlighted, among other stories, the…
R&B Singer Rihanna’s Restraining Order Against Chris Brown Modified: An Overview of the DVPA
This month’s edition of Rolling Stone magazine features a cover story on R&B singer Rihanna, in which she opens up about why she agreed to a modification of her restraining order against ex-boyfriend and fellow R&B singer, Chris Brown. The restraining order stems from an assault that occurred on the…
When Fault Matters in a No-Fault State
California is considered a no-fault divorce state, meaning the reason a couple is divorcing is completely irrelevant to the court in whether the court will grant a divorce. Neither party has to prove the other was at fault for the break down of the marriage. There is even a statute…
Termination of Marital Status Before All Issues in a Divorce are Resolved
Jason London, star of the 1993 coming of age comedy Dazed and Confused, (not to be confused with his twin brother, Jeremy, the Party of Five and Seventh Heaven actor who was in the news last year for allegedly being kidnapping while changing a flat tire and forced to smoke…
Facebook and Other Social Networking Sites as Sources of Evidence in Divorce Cases
By now, most job seekers know that potential employers may take a look at Facebook, or other social networking sites, when evaluating a potential new hire. Job candidates are wise to this practice, and many take care to edit their social networking posts accordingly. But many divorcing spouses are not…
Family Court: Circumstances Under Which a Court May Order a Drug Test
TMZ.com reports that Charlie Sheen and Brooke Mueller have reached a custody agreement, which includes mutual drug testing. In the case of Sheen and Mueller, it appears the parties volunteered to submit to drug tests. But what if they didn’t volunteer to do so? Could the court order one, or…