From The blog

“How Are Retirements Divided During A Divorce?” Retirements that are earned during marriage are community property and must be divided by the court. This includes retirements that are earned partly during the marriage and partly before or after. There are different kind of retirements---pension plans, and investment plans such as 401K’s and IRAs. These are divided in different ways. For a...

“What Is A Status-Only Divorce Judgment?” A status-only divorce judgment is used where one or more parties wants to be officially divorced before all the financial or custody or other issues have been resolved. There are two ways to do this. First, by agreement. If both parties agree that they wish to have the dissolution take place, they can do it in court and have a judgment issued on just...

“What Is A Preliminary Declaration of Disclosure And Why Do I Have To Fill One Out?” A preliminary declaration of disclosure (often abbreviated to PDD) is an initial financial disclosure that parties are required to make at the beginning of a divorce. They are normally filed within 60 days of filing and contain financial information both on income and assets and debts. They are required because...

“In A Divorce, Who Pays The Bills?” So you’ve filed for divorce, you’ve separated residences, but you’ve got a problem: you have a lot of mutual bills, and neither person wants to pay them. These can be utility bills, insurance bills, cell phone bills, car payments, mortgage payments, credit card bills, or even time-shares or IRS payments. The issues can be very difficult, particularly because...

“I Own My House, But My Partner Was Living There When We Broke Up: Can I Make Them Leave?” When two people live together but are unmarried, and then a separation occurs, there can be a problem of who remains in the residence. If the residence is a rental or lease, the issue is usually less acute and the person who is on the lease usually remains. Sometimes this can become a problem if the lease...

“I Was Served With A Temporary Restraining Order: What Now?” When a temporary restraining order is issued by a judge, you must be personally served with a copy of the temporary order as well as a notice of a hearing date. The temporary orders last only until the hearing date, when the judge will hear evidence and make a decision on whether or not to issue a longer order. As you wait for your...

“Video Cameras and Recording: Is It Legal?” In recent years the cost and portability of video cameras has improved to the point where people can videotape nearly anywhere at any time. Cell phone cameras have made them easily portable and available for instant use. There are a lot of legal questions that have come up regarding cameras, and not all of them have clear answers yet. For instance, can...

“My Ex And I Argue Every Time We Have A Visitation Exchange. Can This Be Stopped?” Visitation exchanges can often become heated, particularly during a custody or divorce case. Fighting and arguing during exchanges is not something the child or children should have to see, and efforts should be taken to make sure that arguing is stopped early on. A judge has several ways to eliminate arguing,...

Today's post, about how to care for a family member with special needs, highlights some very real issues and some important solutions. Estate planning is always important, but never more so when you have a child or relative with special needs. Barry Rosenfeld is a Chartered Financial Consultant and a Chartered Lifetime Assistance Planner who has years of experience helping families with many of...

“What Facts Do I Need To Prove Before I Can Get A Restraining Order?” The California Family Code lays out the grounds needed for a restraining order fairly specifically. (Civil, non-domestic violence restraining orders are not discussed here and are governed by the Civil Code.) The basis for restraining orders is actually quite broad, and only needs to be proven by “reasonable proof” of past or...