From The blog

Rebutting the Family Code Section 4325 Domestic Violence Presumption: In re Marriage of Brewster and Clevenger (2020) If a party who is asking for spousal support has committed a documented act of domestic violence against the other spouse (the party they are asking to pay spousal support) there is a rebuttable presumption that such support is inappropriate. However, this presumption can be...

When Should A House Be Appraised In A Divorce? A house should be appraised as close to trial or settlement as possible. This is due to Family Code Section 2552, which requires assets to be valued as close to trial as possible to accomplish an equal division. The purpose of this code section is to assure that one party isn’t awarded a property at an incorrect value. For instance, if the real...

Family Loan Repayments In Divorce When people are married, they often receive help from family members. A parent will often pay for the down payment for a house, to make a loan to pay off credit card debt, or any number of other reasons. The problem becomes, however, after a separation and divorce is filed, whether or not that loan will have to be repaid out of community assets. To put the...

The general answer to that question is no, but with a fairly significant exception. If one party to a marriage is simply a spendthrift, spending more money than the other, even without consent, that debt is still community debt and money used is simply spent. However, California Family Code Section 1100 provides that “A spouse has a claim against the other spouse for any breach of fiduciary duty...

Can My Divorce Case Be Transferred to Another County in California? We live in a mobile society. Jobs relocate, people move to be close to a college or university, and other changes happen. What happens when this happens in the middle of a divorce? The answer, at least when the issues are money and property issues, is the case has to stay in the same court until the divorce is finished. (There...

When Is A Community Property Business Valued For Division In A Divorce? Generally speaking, all assets, including businesses, are valued as close to the date of trial as possible, not the date of separation. That is the default time used, and what is set out in the California Family Law Code in section 2552. There are some times when the business may be valued at a different time, and the burden...

New Law Regarding Pet Custody Judges in California have long been asked to make decisions about family pets in divorce cases, but as of January 1, they now have some clearer guidance on how to make such decisions. The new law allows for temporary orders, and takes into account who takes care of the animal in making such decisions. Here is the full text of the new law: “Section 2605 Family Law...

“We Need A Buyout Of The Family Home: When Is The Value Calculated?” Houses are generally valued at the time of trial or settlement, unless there is a strong reason to value them at a different time. So, for instance, if the housing market is RISING, the party whose interest is being bought out will benefit from a later settlement, while the party paying the buyout will benefit from resolving...

“Secret Recordings in Family Law Cases” I can’t tell you how many times a current or potential client has told me “I have the recording to prove what I am telling you.” This always makes me ask, with trepidation, “Did your ex know that you were recording?” This matters, because in California (although NOT Federal law) BOTH parties must consent and/or be aware that the conversation is being taped...

“Can Online Reviews Be Defamation Or Slander?” These days, everyone looks at online reviews, and a lot of people write them. Some reviews are nice, and others are not. A bad review can do damage to a business, and things can get pretty heated when a bad review is left, even if it is warranted. So what is the law on this? Are online reviews privileged? How can you know if a review exposes the...