Divorce Law - A Blog By A Divorce Attorney!

For decades California courts have maintained and fostered a strong public policy favoring the establishment , enforcement and modifiability of all child support orders.   The courts have liberally construed statutory law to preserve these powers, even if it meant blatantly disregarding fully executed settlement agreements signed between parties and counsel.   During this period, courts have also addressed the infrequent occurrence of the death of a payor prior to the emancipation of a minor child.    Through case law, we unequivocally know that child support orders not only survive the death of the payor but that said obligation is fully chargeable against the decedent’s estate.   In order to ensure enforceability and potential modification of said support orders, courts have been called upon to and have granted joinder of the decedent’s third party representatives to family law proceedings.   In a scenario where the payor is dead, joinder of a t...

                            FIVE COMMON QUESTIONS REGARDING MEDIATION Who mediates?   I usually recommend and utilize the services of a retired Judge or a Certified Family Law Specialist.  An experienced mediator can provide insight to a difficult client and help predict a possible outcome. How much does it cost?   Hiring a mediator is definitely not cheap.  It can range from $350- $500 per hour.  These individuals usually require a 4 to 5 hour retainer deposit.  Trust me, in the long run this is NOTHING.  Remember my example from the above paragraph?  Yes, the hearing that's been continued for 2 years.  My client has spent nearly $15,000.00 associated with my preparation and multiple appearances. What are the practical benefits?     You can settle your entire case in a sing...

            5 DO'S & DONT'S IN CUSTODY CASES                                                                        DO'S 1.   Document all communications with the other parent. * Use communication tools like the Our Family Wizard website. 2.  Make child focused decisions. * Stay away from what is best for YOU.  Focus on what's best for the child. 3.  Always be on time for pick ups and drop offs. 4.  Be generous with support payments. * Remember a court order for child support is the bare minimum for support. 5.  Be respons...

                  THE TEN YEAR "RULE" - NOT REALLY A RULE              A number of you have probably come across various "legal" articles discussing a ten year "Rule" in the area of divorce.  I have also read these articles and am astounded at the misinformation contained in them.  First and foremost, marriage duration only impacts spousal support.  You don't get a pot of gold when you hit ten years!  Your property rights don't automatically change nor does your ability to go after your spouse's separate property estate.             Furthermore, in regards to spousal support, marriage duration does NOT automatically provide more spousal support.  Discretion is still very much involved. C alifornia Family Code section 4336...

The Best Litigators Avoid Court! At first blush, the title of this entry doesn't really make any sense.    By definition, a litigator is a courtroom lawyer. So why would some of the "best"  litigators seek to avoid court?   The answer is simple, MONEY!   S tate-wide budget cuts in California coupled with a recent change in law have had a crippling effect on the expeditious resolution of cases .   In 2013, approximately 30% of LA Superior Court staff members were let go.  Some of the most experienced and hardworking employees have seemingly left overnight. Consequently, files are not being timely updated, documents are not processed and the remaining staff members are being overworked.  Needless to say, the current financial circumstances surrounding the courts have made things very difficult for ALL involved.  In addition to the layoffs, several courthouses and family law de...

When assessing the value of a Family Law case don't forget the Civil Discovery Act. Discovery tools can be very helpful in narrowing the issues. In handling dozens of complex financial matters, I have heavily utilized Special Interrogatories coupled with Demands for Production of Documents. Using the proper discovery tools can help narrow the issues and settle cases. Simply put, Special Interrogatories are questions asked of the other side in written form. The questions should be straightforward and concise. The law governing Special Interrogatories (in CA) is outlined in the Code of Civil Procedure.  Below, I have tried to describe some helpful tips re the law and the use of Special Interrogatories in the Family Law realm. First, Special Interrogatories, are normally limited to 35 inquiries. This limit may be increased by way of a declaration of necessity. Said declaration will generally need to describe the need for the additional demands and its appropriateness of...

Family Law litigation in California can be a daunting task.  I have created this blog to help self-represented litigants, and some lawyers,  navigate the treacherous waters of divorce law.  Please note that this blog does not create an attorney client relationship.  I am merely providing some practical pointers and thoughts on various issues.  I will also be addressing other areas of interest to me and my family.