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Bay Area Divorce Lawyer Blog

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California Divorce in the Age of Coronavirus

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…

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Why Divorcing California Spouses Should Try to Play Nice During Discovery

For those who are unable to resolve the issues in their divorce outside of court, the discovery process is often important in a litigated divorce. Discovery enables spouses to request financial and other information from each other and requires them to turn that information over unless they have a good…

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Possible Consequences When There’s a Delay Fulfilling the Terms of a California Marital Settlement Agreement — Marriage of Janes

In any divorce case, one of the primary issues willl likely be the division of property. While the couple’s marital home may be the largest asset, another important asset for many couples is retirement accounts. In the recent case of one Riverside County couple, their April 2010 divorce order gave…

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Dividing a Pension in California that is Part Community Property and Part Separate Property

For many divorcing couples, one of the larger and more important assets is often retirement benefits. To the extent the pension or other retirement asset was earned during the marriage it is community property and subject to division in the divorce, while whatever portion was earned before the marriage of…

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What to do with the Family Home after a California Divorce? In re Marriage of Castellon

A big question in many California divorce cases is what happens to the family home. Property held by spouses during the course of a marriage is generally split evenly between them in divorce under the state’s community property system. Still, there are a number of ways to handle the issue, including by…

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The Importance of Tracing the Money in California Divorce Disputes over the Family Home – In re Marriage of Cuk

One of the many issues that often come up in California divorce cases is what to do with the family home. The state’s Fourth District Court of Appeal recently explained that a spouse who uses his or her separate money to help purchase the property is entitled to be compensated…

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The Larger the Rock, The Rockier the Marriage.

First there’s the bachelor/bachelorette party, the invitations, engagement party and then rehearsal dinner. Some folks, generally those with more money than brains, even hire a photographer for the engagement. Then the big day itself, along with the requisite photo booth, seemingly a necessity these days. And of course, even a…

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Want to Appeal a California Divorce Decision? The Clock is Ticking – In re Marriage of Hill

Divorcing spouses who take their cases to court generally have the right to appeal a decision that they don’t like, although appellate courts usually give trial judges much discretion in weighing the facts and applying the law in each case. Appellate also operate under strict deadlines that can deprive you…

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Gauging a Spouse’s Ability to Work in California Alimony Cases – Bufkin v. Bufkin

When a California court considers a divorcing spouse’s request for alimony or spousal support, it generally looks at two things:  the requesting spouse’s need for the money and the other spouse’s ability to pay. The first inquiry includes looking at the requesting spouse’s ability to work or otherwise earn income.…

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Grandparent Visitation Rights in California – Stuard v. Stuard

Separating and divorcing parents must always address issues regarding the custody and visitation of their minor children. And sometimes this also includes the grandparents. California law also gives grandparents the right to spend time with their grandkids under certain circumstances. As the state’s Third District Court of Appeals recently explained,…

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