Can a spouse impliedly waive the right to file a motion to disqualify a California Family Court judge for bias or prejudice under California Code of Civil Procedure section 170.3? In "N. Am. Title Co. v. Superior Court of Fresno Cnty.,' No. F084913 (Cal. Ct. App. May. 19, 2023), … [Read more...]
Can you withdraw $200,000 penalty-free from a retirement account under the CARES Act in 2020?
In 2020, the CARES Act permitted anyone under the age of fifty-nine and a half to withdraw up to $100,000 from an IRA or other defined employer plans like a 401(k), 403(b), or 457(b) without incurring a ten percent early withdrawal penalty (retroactive to January 1, 2020 if they … [Read more...]
Who will make healthcare decisions for you during divorce?
"The moment of death, like that of birth, is our time of greatest need." ~Andrew Holecek COVID-19 brought us face to face with our mortality and the hazards of critical illness. It reminded us that we can become incapacitated unexpectedly and incapable of making our healthcare … [Read more...]
California Divorce Court Closures and Coronavirus Updates
The California Judicial Council is closely monitoring the COVID-19 coronavirus outbreak, and has advised the courts to follow the guidance of the Department of Public Health and the federal Centers for Disease Control and Prevention to limit the spread of the virus. As of … [Read more...]
Marrying or divorcing a trust fund beneficiary in California?
Lisa and Jean had fairy tale weddings and luxurious lifestyles during marriage. They lived in multi-million dollar homes in Napa and San Francisco, drove Porsches, had nannies and housekeepers, and travelled to exotic destinations. Both also were horrified during divorce when … [Read more...]
Did your spouse acquire a community property interest in your separate property home? (Moore-Marsden)
You owned a home before marriage. You used salaries, bonuses, commissions, or other income that you or your spouse earned during marriage to pay the principal on loans that were used to acquire the house and are secured by the property. You don't have a prenuptial or postnuptial … [Read more...]
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