A spouse/partner must cooperatively, fully and fairly disclose all assets and liabilities while legally separating and/or dissolving a marriage or domestic partnership in California. (California Civil Discovery Act) As a general rule, all unprivileged information that is … [Read more...]
How to Ask your spouse to use divorce mediation
Even if you're fighting like cats or suspect your spouse has a narcissistic personality disorder, you still may resolve complicated issues peacefully through divorce mediation. Written agreements signed in mediation are enforceable as court judgments under California Code of … [Read more...]
How to determine the house value in divorce
You and your spouse own a home together. One of you wants to buy the other out to divide the community property equally. How do you determine the house value in divorce and calculate the equalization payment? If you negotiate a marital settlement agreement or stipulated … [Read more...]
Who pays the student loans in divorce in California?
Unless it would be “unjust," or a married couple otherwise agrees in writing, California Appellate court's have held that, a spouse's student loans "must be assigned for payment to the spouse who obtained the education or training." (California Family Code Section 2627) But, if … [Read more...]
Should you fire your divorce lawyer?
Your divorce lawyer works for you and must be ethical, respectful and effective. Ethical, respectful and effective attorneys are courteous, organized, transparent, communicative, competent, frank, loyal and committed to excellence. They listen, manage cases carefully, take … [Read more...]
Should you kick your judge off the bench (aka recuse)?
Good judges are patient, respectful and put aside their personal beliefs when considering evidence and making rulings. Biased judges let their beliefs unfairly prejudice their decisions. If you may be disadvantaged by the beliefs of the California family judge assigned to … [Read more...]
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