Articles Posted in Date of Separation

Discovery is nmagnifying-glass-1537023-300x225ot the first topic that comes to mind when parties meet with a family law attorney for the first time.  In fact, there is a good chance most litigants have no idea what discovery actually is.  Sure, anyone who watches any of the serialized crime dramas on TV has heard of a subpoena, but most people have no idea what they are why they are useful.

In a nutshell, discovery is the process of collection evidence, whether that evidence comes in the form of documents, statements, testimony, or information.  There are several types of discovery a party can issue.  Which method a party chooses depends on what type of evidence they are looking to obtain.  This blog will briefly describe the most common forms of discovery used in family law cases. Continue reading

 

Family Cquestions-answers-indicates-questioning-asked-and-assistance-300x243ode section 3580 et seq. provides that spouses may enter into agreements regarding support upon separation. In Pendleton and Fireman, our Supreme Court held that parties could agree to limit or waive spousal support in premarital agreements. What about the time in between? Can married spouses who have not yet separated enter into enforceable agreements to limit or waive spousal support?

Although the answer to this question has not been definitively settled by our appellate courts, there is a strong argument to be made that married couples who have not yet separated cannot agree to limit or waive spousal support. Continue reading

You decided you want a divorce, you file for a divorce, and then…*crickets*… your spouse, for whatever reason, has decided not to participate in your divorce. Perhaps your spouse doesn’t understand the legal process, doesn’t want to get divorced, or he/she is upset that you filed for divorce and intends to do anything possible to make your life more difficult. If this sounds like you, don’t worry. YOU HAVE A RIGHT TO GET A DIVORCE, even if your spouse chooses not to take any part in it.feuding-cups-1-1315590-300x225

If you are experiencing the problem above and you wish to proceed with a divorce even in the face of an uncooperative spouse, you will need to seek a default judgment. In order to do so, you must follow very specific procedures to ensure that you will be granted a divorce. The following is a very general overview of the required steps (note that there may be additional forms or procedural steps that must be taken within each subsection which are not covered here). Continue reading

Bifurcation is an often underutilized procedure in civil cases (including family law cases) that, if used correctly, can significantly reduce the attorney fees and costs necessary to bring a case to a conclusion and can significantly increase the prospect of settlement.family-law-shows-blood-relative-and-court

So what is bifurcation exactly? In the process of bifurcation, the Court, usually on the motion of one of the parties, agrees to hear a trial on just one part of a case. Often times there are difficult issues, that once resolved, simplify the rest of the case. Continue reading

Time MarriageWe have written several blogs about the date of separation and its importance to a dissolution action. In some cases, the date of separation can be the most critical issue in a case. The reason is the date of separation can be a significant factor in determining how long spousal support will last , or whether a particular piece of property is separate or community. If you Google “date of separation,” your web browser will retrieve dozens, if not hundreds, of articles on this topic.

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Last year, we wrote a blog post on the blockbuster case of Marriage of Davis issued by the California Supreme Court. In that case, the Court resolved a split among the lower courts and held that it was impossible for spouses to be separated unless they were physically living separate and apart. The date of separation can be the most important issue in a given case. The date of separation determines the duration of spousal support and it determines the end of the community and the end of the creation of new community property.

In another words, this case was a big deal.seperated-by-wall-1166017

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home-158089_960_720There are so many reasons a client wants to remain in the family home after the divorce proceedings have been filed.  Often it is a custodial parent who wants to provide normalcy for their children.  Other times it is for financial or emotional reasons, or a combination of the three.  Whatever the reason, unless one party agrees to move out of the residence,  a court order will be required to exclude a party from living in the family residence.

Deciding who will remain in the residence at the beginning of a case is a problem nearly every family law litigant will face; requiring the assistance of the court in reaching that decision is far less common.  In most cases, one or both parties will decide to leave the family residence.  In these situations it is important to have a written agreement about who is leaving, who is staying, and how the expenses related to the residence are going to be paid.   These agreements are where most of the controversy lies, especially with regard to the payment of the expenses.  That is an issue that should be addressed in a separate blog.

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As a cast member of the Real Housewives of New York, Jules Wainstein is no stranger to drama. Surprisingly though, Jules’ impending divorce from husband Michael Wainstein filed in June has already been deemed the most dramatic divorce in Housewives history. And while it may be the most dramatic divorce the show and its cast have ever seen, Jules’ situation is actually not all that uncommon out here in the REAL, real world.

According to all of the press that the couple has received as of late, it would seem that Jules caught Michael cheating on her with one of her close friends. At that point Michael was prompted to file a petition for divorce after their eight year marriage. Since then, numerous accusations of domestic violence have surfaced, along with recent pictures of police outside the couples’ apartment. Continue reading

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The latest Hollywood divorce drama comes as Amber Heard files for divorce after a 15-month union with Johnny Depp. Heard alleged an incident of domestic violence just days before she filed for divorce, and pictures later surfaced of her with a black eye. The media is abuzz with discussions of whether the abuse actually happened, or whether it was just a ploy on Heard’s part to gain sympathy and secure more money from the divorce.

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Taxes are already complicated enough. Unfortunately, divorce makes it more complicated. Here are three rules of thumb every divorcee should try to remember:

1. Claim community income before the date of separation: In California, all property acquired during the marriage is presumed to be community property, including any property acquired derived from labor. This presumption ends at the date of separation. Any property acquired after the date of separation is presumed to be the separate property of the acquiring spouse.

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