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,…