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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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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

Some family law litigants (and even some attorneys) may think an appeal is just a “do-over” of what happened at the trial level. However, trials and appeals are two very different proceedings.  In this post, we will address one of the most fundamental differences between proceedings at the trial level and proceedings at the appellate level – How does each court deal with findings of fact?

Trial courts ask: “What are the Facts?”

It is not unheard of for a family law trial to last several days, or even several weeks. However, the oral argument on an appeal of a week-long trial will almost never exceed 30 minutes and usually doesn’t impact a case. So, why is that?

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The California Family Code allows courts to issue orders removing a spouse from a home. These are commonly referred to as “kick out” orders or “exclusive use and possession” orders. Certain circumstances compel a court to make these kinds of orders. This blog post will discuss these circumstances. It turns out that the threshold required for a kick-out order differs depending on whether or not the application to the Court is brought in an ex parte (i.e. emergency basis) or if it is brought pursuant to a noticed motion.

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