Too often, individuals are so focused on initiating or responding to a family law lawsuit that they overlook an easy way to obtain an early tactical advantage. Many do not understand that family law judges are empowered with vast discretion on various issues. This means that although each judge is called upon to apply the…
In divorce, legal separation, and domestic partnership dissolution actions, parties are required to disclose the existence of all assets, regardless of whether each is characterized as community property (i.e. jointly owned), separate property, or a hybrid of both community and separate property. Each party owes the other a fiduciary duty of good faith and fair…
Like so many legal answers, the answer to this question is “it depends.” At the commencement of divorce and legal separation cases, Automatic Temporary Restraining Orders (ATROs) are issued and effective against both parties (see Summons form FL-110). One of those ATROs prohibits parties from “transferring, encumbering, hypothecating, concealing, or in any way disposing of,…
Automatic Restraining Orders Created by Family Code Section 2040 Section 2040 of the Family Code lays out some very important although often overlooked laws relating to Automatic Temporary Restraining Orders (or ATROs) that apply when one party files for divorce against the other. The orders become effective against the Petitioner once the Petition is signed…
The Secret Weapon Among Divorce Attorneys I have been thinking lately about the very best family law attorneys I know, and I have identified an attribute that truly sets the very best family law attorneys apart from all the others. I watched another attorney last week, who was unaware that I was observing him. For…
California Family Code section 760 establishes that in general all property ( and money) acquired during the marriage is community property. Thus, in the case of a divorce, a family court has to decide at what point the marital community terminated thereby allowing the individuals to acquire separate property. This date is often referred to…
If you find yourself in a situation in which you share custody of your children with their other parent, the following is a list of strategic “Do’s” that, if followed, will increase the likelihood that a family law judge will maximize the custody time and authority granted to you. These are tips based on years…
At one point or another, virtually every client asks, “How much will it cost to divorce?” The correct answer is, “It depends.” Divorces can be terribly expensive, especially when factoring in all the non-financial costs, including those which are emotional, psychological, familial, spiritual and social. In order to assess the true cost of a divorce,…
Over the years I have gone up against dozens of attorneys in my family law cases. Some of those attorneys have been skilled litigators, while others have been absolute hacks. I have decided to attempt to list the attributes that make a fine divorce attorney. But, before I begin I want to point out that…
One question that I hear on occasion is, “Should I try to represent myself in my case?” My answer is always the same. Individuals possess the right to represent themselves without the assistance of an attorney. In some situations, I have actually encouraged prospective clients to exercise that right, after walking them through the appropriate…