Whether 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
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
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
During marriage, neither spouse is supposed to devalue the community estate by wasting of assets. “Wasting” means spending community money for a non-marital purpose. The classic case has been the spouse who changes his lifestyle, often in the process acquiring a friend to whom the spouse gives money, pays expenses or buys gifts. The other spouse neither knows of these actions nor would approve of them if they were known. But the non-wasting spouse can attempt to recoup losses by negotiation or in court. 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
Earlier this year, Amazon tycoon Jeff Bezos announced his divorce from wife MacKenzie after 25 years of marriage and four children together. The couple met and married before Jeff founded Amazon. Jeff, who has a reported net worth of nearly $157 billion is the world’s richest man.
The couple, who allegedly did not have a premarital agreement, reside in Washington state. Washington is a community property state similar to that of California. That means that generally all assets and debts acquired during marriage will be divided equally.
Despite the couple’s massive estate, the couple finalized their divorce in July 2019, just 7 months after making the announcement. MacKenzie Bezos will get, amongst other property, 25% of the couple’s Amazon stock, an amount equal to roughly $38 billion. This stake in Amazon makes MacKenzie the third richest woman in the world. https://www.businessinsider.com/jeff-mackenzie-bezos-divorce-official-settlement-38-billion-2019-7 She has promised to donate at least half of her fortune to charity!
“What Is In A Name”…A Lot Come To Think Of It.
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
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 60% 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
This having likely been one of the most divisive political campaigns and presidential nominations in history, it may not be surprising that the widespread political divide and contempt has spilled over into many households and left countless numbers of people questioning relationships with their significant others. For several months, we suspected that this would be true, but a recent Google search led way to an astonishing amount of op-ed articles and message board discussions regarding women (at least mostly women from what we could tell), detailing the rift that differing opinions regarding President Elect Donald Trump had caused in their marriages.Some even took to message boards or wrote into advice columns to seek guidance as to whether the difference in opinion was a legitimate reason to end the marriage or relationship at issue. Continue reading
No matter what side of the aisle you are on politically or whether you were happy or dismayed by the results, the 2016 presidential election was historic. This blog is not about the election or the candidates that were running, nor does it have anything to do with their politics or positions. This blog is actually about is about what can happen in Family Court if you are fired from your job, either for cause (usually bad conduct) or you are laid off (think downsizing). Continue reading