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
Going through a divorce is one of the most stressful events a person may go through during their lifetime. Emotions run high, finances, which may have already been an area filled with worry and stress, may become even more so, mental health suffers, and the process may feel endless.
One of the biggest adjustments after spouses separate is the change in the family’s dynamics. For many, this means learning how to co-parent. Courts want parties to co-parent their children and often order parties to participate and complete parenting and/or co-parenting courses. Studies have shown parents who effectively learn to co-parent their children have an increased ability to protect their children from the negative effects of the dissolution process, including any parental discourse. Continue reading
In a previous blog, we talked about different classes of experts (Joint, Hired Gun, Review) employed in family law cases. In this blog, we will talk about the different “types” of experts we use in family law.
Forensic accounting is a specialty practice area of accounting that is used in litigation. Forensic accountants are used in family law to perform tracings for separate and community property, to investigate Family Code Section 2640 reimbursement claims, Moore/Marsden calculations, to analyze/characterize stock options, and other issues which require an “investigation” of accounting issues.
What separates forensic accountant from regular accountants is specialized training focused on investigation as well as the expectation that the outcome of their investigation will result in the preparation of reports suitable to serve as evidence in a court of law. Continue reading
Lawyers love to make jokes about how bad we are at math. Often those jokes include statements like, “if I were good at math I would have become an engineer” or if “I was good at math and science I would be a doctor not a lawyer.” Nobody likes lawyer jokes more than lawyers, but these statements are not universally true. There are many lawyers who are good at math. In fact at Bickford Blado & Botros, we have the only certified family law specialist in San Diego County who is also a licensed Certified Public Accountant with a Master of Business Administration. Having an attorney with a strong math and accounting background helps to spot and analyzes issues, but it is in no way a substitute for a financial expert. When it comes to financial matters, there is no substitute for a qualified financial expert.
In family law, there are many reasons you may decide to use an expert. Similarly, there are just as many different types of experts you can hire. You might need an expert to value your family home or a business. You might need an expert to decide a party’s income, or what custody schedule is best for your kids. Whatever the reason might be, you need to decide first what class of expert you want. This blog will address the three “classes” of experts we see in family law. Continue reading
Yes, even Spice Girls get divorced just like any one of us. In March 2017, former Spice Girl Mel B, perhaps better known as “Scary Spice” or as a current judge on America’s Got Talent, filed for divorce from her husband of 10 years, Stephen Belafonte.
Mel B, worth a reported $60 million, filed for divorce in a Los Angeles Superior Court after she and Belafonte separated in December 2016. While Mel B’s nickname might have been “Scary,” it seems as though her marriage to Belafonte was in fact scary, as she filed for a restraining order against him shortly after filing for divorce. It appears that she had been covering up injuries from abuse from Belafonte for years. And, while Mel B’s petition reportedly requests joint custody of the couple’s daughter, it also requests that the Court to deny spousal support to Belafonte. Continue reading
On August 24, 2015, the San Diego Superior Court began an Imaging Program in the Family Court designed to reduce paper filings and storage and facilitate electronic access to Family Court files. There have been questions relating to how certain procedures differ in imaged cases. This blog post is intended to answer these questions.
What do you mean by an “imaged” case?
Imaged cases are Family Court cases (including Family Support Division cases) where the official record of the Court is imaged and stored electronically. This includes all Family Court cases (including Family Support Division cases) initiated on or after August 24, 2015.
We’ve written blogs in the past about the time it takes to get a divorce in California and the infamous six-month statutory minimum waiting period. Even so, we are constantly faced with clients who come in with the misconception that their divorce will be completely over in 6 months. While that may be the case, experience tells us that a six month divorce is pretty rare.
First, let me repeat: six months is the MINIMUM length of time your divorce can take to be finalized in the state of California. This statutory waiting period is without exception. Whether you are self-represented or you retain an attorney in your divorce case, you cannot legally be “single” until six months has passed from the day you (or your spouse) filed the petition for divorce. Continue reading
Sometimes a divorce isn’t filed in the right county and a party might be seriously disadvantaged as a result.
What do we mean by “wrong county”? Let’s start with the law. Family Code section 2320 states, in relevant part, as follows (emphasis added):
“A judgment of dissolution of marriage may not be entered unless one of the parties to the marriage has been a resident of this state for six months and of the county in which the proceeding is filed for three months next preceding the filing of the petition. “ Continue reading
It is no secret that getting a divorce can be pricey. While there is almost no way to estimate exactly how much any particular divorce will cost to finalize, there are some fees that will be present in any divorce case. In this blog we will break down some of the fees charged by the Superior Court in a divorce or family law matter. Continue reading
Child 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