Articles Posted in Post-Divorce Issues

insurance-message-represents-send-communication-and-financialA new product has just come on the market that may have piqued your interest if you are going through a divorce: Divorce Insurance. That’s right, you read correctly, divorce insurance actually exists!

A man named Richard Zizian, a legal educator and holder of a California Juris Doctorate (not a licensed or practicing attorney), has collaborated with Great American Insurance Group to develop a new program called Marital Settlement Agreement Insurance, or “MSAI.” Zizian, after going through a divorce himself, understood the emotional toll that a divorce can take. An emotional toll which, he states, makes one more susceptible to be laid off from employment. Continue reading

world-globe-indicates-place-to-stay-and-check-in-300x233If you have been through or are going through a divorce, you likely learned the hard way that a divorce is a longer and more complicated process than you previously expected. Wouldn’t it be nice if you could finalize your divorce in one weekend? Well, a Dutch company called DivorceHotel International has recognized this desire in divorcing couples and come up with a solution: a weekend divorce getaway, where divorcing couples stay at a hotel and in one friendly weekend sort out all of the details of their divorce. Continue reading

C7df9a9b7f03c042ccdfba2b0252bb070-300x200hild custody is one of the most difficult and emotional parts of any contested divorce.  It is not uncommon for two parents to agree on all of the financial issues, child and spousal support, and property division, only to find it impossible to come to any agreements about how their children will be raised post-divorce.  It is understandable too; we love our children and we want what is best for them. This point, wanting the best for our children, is the great irony of child custody litigation.  Ask any parent whether they believe dragging their children through months or years of custody litigation is healthy for them.  They answer will be a resounding, “No.”  Yet that is exactly what happens in so many family law cases. Continue reading

“What Is In A Name”…A Lot Come To Think Of It.hello-my-name-is-1244204-300x214

If you dig deep enough into your memories from high school English class you will know that quote is from Shakespeare’s Romeo and Juliet. And while Romeo waxes poetically about why Juliet’s name should not matter, the truth (as they both learn), is that a name is very important.

For many married couples, one of the parties changed their legal name as part of the marriage ceremony. It could be a Husband/Wife who took the other party’s name or it could be a situation where both parties moved to a hyphenated surname.   The symbolic act of changing your name at marriage is meant to show the world the joining of two people.  However, what do you do when those same two people decide they want a divorce? Continue reading

due-date-calendar-means-submission-time-frame-300x273There are many different enforcement methods available for child support. Although contempt is always an option, it involves the other parent ending up in jail and can be a costly and expensive process to prosecute. Some of the best incentives for the other parent to pay child support already exist as a matter of law without the supporting parent having to do anything. For instance, child support arrears can never be discharged in bankruptcy, so they stay with the support obligor for life. Further, they accrue rate at the legal rate of 10 percent. What kind of investments today gets you 10 percent? Not many.

There is, however, another incentive that many parties and even many attorneys are not familiar with: Continue reading

3e728f0b3d0e026b62a8cb4b38918e95-1024x683

Termination of spousal support jurisdiction is always a highly contested issue.  The party paying support wants spousal support terminated as soon as possible, and the party receiving support would prefer support be paid forever. Which party will get what they want will depend on the facts of the case.

At the outset I want to explain what we mean by “terminating spousal support jurisdiction”  What we are actually saying is the point at which the Court decides no spousal support will ever be due from one party to the other.  It is the final decision that spousal support is no longer necessary.

There are different reasons why a Court might terminate spousal support, but for the purpose of this blog we are looking at the Court’s authority to terminate spousal support jurisdiction pursuant to Family Code §4322. Continue reading

San Diego is home to the nation’s largest concentration of military personnel. San Diego’s seven military bases serve the approximately 100,000 active duty service men and woman and their families (the total rises to 175,000 when dependents are taken into account.)  In addition, San Diego is home to 60child-and-flag-225x300% of the ships in the fleet of the U.S. Navy, and 1/3 of the active duty force of the U.S. Marine Corps.  In fact, the military and its spending in the region accounted for 26% of the jobs in San Diego in 2011.  None of this accounts for the more than 250,000 veterans who call San Diego home.  With that in mind, it should come as no surprise that San Diego family law attorneys handle many military dissolution actions.

For the most part, military divorce is very much like any other divorce.  The issues, such as child custody, child and spousal support, property division are the same as any other family law case.  However there are aspects of military divorce that are unique to service men and women.  In this blog, I will discuss some issues military members confront concerning child custody and visitation. Continue reading

stop-abuse-represents-treat-badly-and-abuses-243x300

 

We have discussed the issue of domestic violence and domestic violence restraining orders in many different contexts on our blog before. In this post, we will discuss an issue that just about every party with a restraining order faces: how to renew his or her restraining order. Continue reading

The “Right of First Refusal” is a concept originating from contract law that grants the holder of the right the option to enter into a business transaction with the owner of something before the owner may enter into a transaction with a third party.  Put more simply; before you can sell your widget to a third party, you must ask whether I want to buy the widget.  So why are we blogging about a contractual right on a family law blog? yes-no-buttons-shows-validation-or-check-300x225 Continue reading

Almost every divorce case that comes through our office will have spousal support (also called alimony) as a major issue.  Whether we represent the party who will pay spousal support or we represent the party who will receive spousal support, one of the first topics we discuss is how the IRS will treat spousal support payments.taxes-300x200

The IRS will treat spousal support as “income” to the recipient and a “deduction” for the payor so long as all of the requirements of IRC §71 are met.  These requirements are often referred as the “Seven D’s.” Continue reading