In addition to slamming the economy and claiming lives, it appears the coronavirus is also claiming marriages. In China, New York and elsewhere, there has been a substantial increase in filings and inquiries to attorneys from folks seeking divorce since the lockdowns and shelter-in-place orders. Being isolated in forced togetherness…
Articles Posted in Mediation
There Are No Winners in Custody Battles – Judge Blasts Couple in $500,000 Custody Battle
A Canadian judge recently expressed his frustration with a couple who spent over $500,000 on a bitter child custody battle. “How did this happen?” asked exasperated Ontario Superior Court Justice Alex Pazaratz. “How does this keep happening? What will it take to convince angry parents that nasty and aggressive litigation…
Bill and Helen’s Divorce – Lessons from Divorce Done Badly
Once upon a time, back in the 50’s/60’s when divorce was considered somewhat shameful and there were few of the wonderful, wise and supportive divorce professionals that, with some effort, can be found these days, Bill and Helen divorced. It was a long, drawn out, torturous divorce that ended badly…
Social Security and Retirement Benefits in California Divorce Cases – In re Marriage of Peterson
Retirement benefits are often among the most significant assets in play when a couple decides to divorce. The question of how to divide those benefits can be a tricky one that implicates both state and federal laws. As California’s Second District Court of Appeals recently explained, state law in California generally…
The Cost of Characterizing Assets in California Divorce Cases – In re Marriage of Ching
California divorce courts generally consider any property owned by one spouse before a marriage that spouse’s separate property to be kept by the spouse in the event of a divorce. Community property, on the other hand, includes anything that one or both spouses acquire through their efforts during the marriage,…
California Child Support Guidelines, Deviations – Karraker v. Hernandez
California law operates under a set of guidelines in child support cases that is used to calculate a parent’s support obligations based primarily on each parent’s income and time with the child. The overall aim of the guidelines is to set the support at an amount that attempts to equalize the…
Big Question in California Divorce Cases: Who Gets the Dog?
“Dogs are our link to paradise. They don’t know evil or jealousy or discontent. To sit with a dog on a hillside on a glorious afternoon is to be back in Eden, where doing nothing was not boring–it was peace.” ― Milan Kundera It is estimated that about 50% of…
Timing a Business Valuation in California Divorce Cases – In re Marriage of Montoya
When a divorce involves a business of one or both spouses that is community property, issues of valuation arise, including how and when the business is valued. California’s Second District Court of Appeals recently considered the question of when a business is valued. Husband and Wife divorced in April 2012,…
Property Division and Tax Issues in California Divorce Cases – In re Marriage of Becker
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…
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…