California’s community property system is meant to simplify property division issues in divorce cases by making it clear that all property gained through the efforts of either or both spouses during the marriage is to be split evenly between them. The reality, however, is that complicated issues still arise, including…
Articles Posted in Divorce
Conscious Uncoupling
Gwyneth Paltrow’s announcement on her website Goop last year that she and husband Chris Martin were divorcing presented the views of Dr. Habib Sadeghi & Dr. Sherry Sami, apparently experts on what it means to divorce. Sadeghi and Sami use evolutionary biology and the structure of the human skeleton (“Life…
Setting Aside a California Divorce Ruling for Fraud – In re Marriage of Nhothsiri
California law allows a party to a divorce proceeding to ask a court to set aside a judgment in certain circumstances, including those in which the other party has committed fraud. In In re Marriage of Nhothsiri>, the Fifth District Court of Appeals explains that a person seeking to set…
Dividing Retirement Accounts in California Divorce Cases – In re Marriage of Keitany
If you’ve gone to one of those retirement planning sessions lately, you may already know that saving for life after work is not only incredibly important but also can be very complicated. These matters often become even more difficult in divorce cases, where spouses or a court have to decide how…
California Court Orders Couple to Split Child’s Rehabilitation Costs as Child Support – In re Marriage of Harrison
Child support payments are intended to help cover kids’ basic costs, including money for food, clothing, and shelter. Sometimes, other costs come up. As California’s Fourth District Court of Appeals recently explained, any healthcare-related costs that arise along the way are usually considered additional child support costs to be split…
Why Must I File a Lawsuit to Obtain a Divorce in California
Many divorcing couples who wish to resolve the issues in their divorce with their personal and economic dignity intact, preserve or create a positive co-parenting relationship for the benefit of their children, save money and preserve assets, or for a host of other good reasons, choose mediation or Collaborative Divorce…
Indian Ad Prompts Needed Conversation About Divorce
In a new commercial in India for Tanishq jewellery, a woman preparing for her wedding puts on a Tanishq necklace. At the ceremony, her daughter calls her asking if she can participate in the pheras, an Indian ceremony where the couple walk around a fire seven times while saying their…
Child Support Obligations for “De Facto Parents” – In re Marriage of Abbate
Child custody and support are often common issues in California divorce proceedings, both for children born during the marriage, as well as those born prior to one or both spouses prior to their marriage. In In re Marriage of Abbate, the Fourth District Court of Appeals explains the circumstances where…
Bankruptcy, Divorce and Community Property – In re Marriage of Rynda
The State of California operates under a community property regime in which assets and debts derived from the efforts or actions of either spouse during the course of a marriage are considered joint property to be divided equally between the spouses in the event of divorce. In In re Marriage…
Alameda County Divorce Court – Why Divorcing Couples Should Stay Out of Court
So, sadly I was in court recently for what I hope will be my last litigation matter ever. Both clients and attorneys waited for nearly three hours because we were called last, a process that costs most clients a great deal of money for little to no effort on the…