Articles Posted in Divorce

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original_1668472411-300x183The  COVID-19 pandemic has disrupted all American’s lives and created a trickle-down effect upsetting aspects of our lives many did not originally anticipate.  Federal and State governments have blown the metaphorical whistle signaling the changing of tides and ordering the closure of stores, schools, government offices, and generally life as we have known it.

The Department of Labor reported over 6.65 million Americans filed for unemployment insurance last week.  In California alone, almost one million claims were filed in the last two weeks.

Of the myriad of people facing loss of employment amid the pandemic, some will be fortunate enough to receive severance packages as they make their exit.  Whether this feels fortunate or not will likely depend upon the following information regarding how severance pay is handled by the Court for support purposes. Continue reading

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The global spread of COVID-19 (a.k.a Corona Virus) is affecting millions and has been deemed by the United States government a national pandemic.  Both the Federal and California state governments are calling upon citizens to do their part in assisting with slowing the spread of this novel virus, which has given rise to sudden deviations from all of our normal routines.

As experienced Family Law attorneys, we anticipate the current state of affairs may be especially difficult for separated or divorced parents trying to navigate through these peculiar times.  The following are general guidelines, based on our experience, that we believe all co-parents should be cognizant of: Continue reading

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In this era it is hard to meet any young adult who does not have some amount of debt, with the most common form being student loans.  These loans can be hefty, as college, graduate school, and living expenses are incurred.  But what happens when you marry, and then separate from someone who has student loans?  Is the community entitled to any reimbursement for helping pay those loans down during the course of the marriage?  Does it matter if the loans were incurred during marriage or before marriage?  The answer is, it depends. Continue reading

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Ex-Union-Tribune owner Douglas Manchester has divorced from his second wife, Russian immigrant Geniya Derzhavina.  Douglas, a wealthy real estate developer, filed for dissolution of marriage in October 2019 and the parties settled their divorce just two months later.shutterstock_448851367

Douglas married his first wife, Betsy, in January 1965.  They divorced in 2013 after 48 years of marriage.   Douglas and Betsy’s divorce lasted four years and Betsy highlighted the couple’s lavish standard of living throughout the proceeding.  Betsy claimed, amongst other things, that in 2007 the parties threw a birthday party for Douglas that cost over $200,000.  The parties then flew on a private jet to Costa Rica where they spent a week on a private chartered yacht.  Betsy claims the Costa Rica trip cost more than $350,000. Continue reading

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Did you know in shutterstock_129857873the state of California, you do not need to be genetically related to a child for a Court to find you to be the child’s parent and issue orders for you to pay financial support of the child?

It’s true! And it can occur under the following circumstances:

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Family law courts across the nation adhere to “guidelines” andshutterstock_755356498 a statutory formula in determining appropriate child support awards.  In actuality, the “guidelines” provide mandatory requirements intended to create uniformity in the calculations of child support that are presumed correct.

The guidelines take into account the general principles that (1) a parent’s first and primary obligation is to support his or her minor child consistent with his or her own circumstances and “station in life” (“station in life” meaning the parents’ social standings, i.e. lifestyle, work status, economic circumstances, etc.); and (2) both parents are by law mutually responsible for the support of their child. Continue reading

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In the headlines the end of 2019, the Miami Dolphins released Running Back Mark Walton hours after he was arrested for charges of aggravated battery against a pregnant woman.  The authorities received a 9-1-1 call in the early hours of November 19, 2019 from Walton’s girlfriend declaring Walton pushed her against a wall and punched her several times in the face and head.  According to her, she endured the beating for 10-15 minutes prior to calling the police.  It is important to note, at this time, Walton has only been charged and has not been convicted for these allegations. Continue reading

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puzzle-3223941_1280-300x182Whether you are getting ready to file for divorce, or already have, you probably have seen or heard the words “community property” and “separate property” many times.  These are common family law terms that parties will need to understand throughout their proceeding for dissolution.  Pursuant to Family Code section 760, “Except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property.”  This statute is followed by Family Code section 770, which states, “Separate property of a married person includes all of the following: (1) all property owned by the person before marriage, (2) all property acquired by the person after marriage by gift, bequest, devise, or descent, and (3) the rents, issues, and profits of the property described in this section.” Continue reading

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What does the “date of separation” mean and why is it so important?separation-date-300x202

When a spouse files for divorce the first issue to tackle is often the parties’ date of separation.  One might think that the date of separation is when the petition was filed in the divorce, or when one spouse moved out.  However, the date of separation is often fact driven and can be a complicated issue to resolve.

Pursuant to Family Code section 70 the “date of separation” means that a complete and final break in the marital relationship has occurred, such that (1) the spouse has expressed to the other spouse his or her intent to end the marriage, and (2) the conduct of the spouse is consistent with his or her intent to end the marriage.  The court has stated that there must be problems “so impaired” in the marriage that there is no reasonable possibility of “eliminating, correcting, or resolving these problems.”  (In re Marriage of Hardin (1995) 38 Cal.App.4th 448.)  Ultimately, the court will look towards the parties’ subjective intent to end the marriage, and the parties’ outward persona should not be considered. Continue reading

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For most people, the decision to get divorced is not reached on a whim.  More often than not, “Breaking up is like knocking over a Coke machine.  You can’t do it in one push.  You gotta rock it back and forth a few times, and then it goes over.” (-Jerry Seinfeld)

It is not uncommon for those going through the divorce process to at some point become frustrated by the amount it is taking to, what in itself sounds simple, end their marriage! While sometimes bittersweet, many people returning to checking the “single” box, provides, a sense of progress, relief, satisfaction, accomplishment, or even freedom. This is especially true for those who have been enmeshed in lengthy highly contentious and stressful litigation. Continue reading

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