From our eNewsletter: Preparing for trial requires superhuman strength. Many people try to simultaneously mobilize sufficient reserves of the required negative emotion while trying to remain on moral high ground. An angry confrontation can alter the course of negotiations and with the flick of a switch lead a lost couple into a nasty divorce. When …
From our eNewsletter: One of the signs to look out for if you are wondering if it’s time to go. To assess whether you should end your marriage, you must compare living in a divorced family with its realistic alternative, living in a family that is chronically unhappy, that is in open conflict, or that …
From our eNewsletter: Here are the 7 most important factors to remember when negotiating a divorce settlement: 1. Money will Almost Always Become an Issue in Divorce You are probably thinking: “Is that supposed to be a secret? I knew that already!” Yes, that may be so — but you may also be underestimating how …
In many cases there will be language in the court order providing that one party will pay X% of any bonus income as additional child support or as additional spousal support. With time we are beginning to appreciate that the customary language is beginning to become problematic. An unpublished opinion out of Ventura County demonstrates …
From our eNewsletter: Thoughts are imperative to how we live our life and what we become, but so are beliefs. Who we are, and what we stand for are so dictated by what we believe. Frustration sets in when we are so very rigid in our beliefs that we can’t see other perspectives. I know …
Andrew and Andrea got married in 2001. In 2005 they separated. As part of the divorce Andrew agreed to pay Andrea spousal support to Andrea in the amount of $32,547 per month and child support in the amount of $14,590 per month. Marital status was terminated, but the other issues continued to linger in the …
From our eNewsletter: It’s never too late to do what’s in the best interests of your children. Like many promises, commitments, and agreements, wedding vows often don’t seem to be worth the words spoken or the paper they’re printed on. However, once a child is brought into the world, that is permanent. And just as “with …
Here is a real head scratcher of a decision out of Los Angeles County. It is an unpublished opinion so it cannot be cited as precedent. The big complaint from the court is the inadequacy of the record on appeal. Had the appellate court been provided with all of the records for the case the …
A published opinion out of Ventura County gives us insight into the consequences for failing to disclose financial information in a divorce. John and Lisa got married in 19991. John filed for divorce in 2009. John has an ownership interests in several businesses owned by his family. During the marriage, John was the sole manager …
Major League baseball players are now allowed time off for the birth of their children. Initiated a year ago as part of the collective bargaining agreement that the players have with MLB, a player can have three days off for the birth of a child, and the team can replace him on the roster without …
From our eNewsletter: If you’ve been out of the workforce for the last five, ten, or more years to concentrate on your marriage and kids, your job skills may have become outdated, and you might be thinking about going back to school to retrain. Or maybe you’ve never liked your job and have been dreaming …
California is considering an unconventional law that would allow children to be legally granted more than two parents. As reported at abcnews.com, The bill — SB1476 — would apply equally to men and women, and to homosexual or heterosexual relationships. Proposed by State Sen. Mark Leno, D-San Francisco, it has passed the Senate and awaits …
For the 9th year in a row John Harding has been named to the Northern California Super Lawyers list. Super Lawyers selects attorneys using a rigorous, multiphase rating process. Peer nominations and evaluations are combined with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made …
Susan and Lee got divorced. The 1985 judgment dissolving the marriage found their residence to be community property, and ordered that Susan receive half the proceeds of the sale of the residence, less costs of sale and an existing encumbrance. Although the judgment directed Susan and Lee to cooperate in listing and selling the residence …
From our eNewsletter: It’s essential that you forgive your ex-spouse. Why? Because as long as you hold the grudge, it holds you back. When you hold a grudge against someone, when you refuse to forgive him or her, you have this invisible connection with him or her. It continues to give them power over you. …
Madhu and Sameer got married. Madhu and Sameer got divorced. As part of the divorce settlement the judgment provided for monthly support of $2,650 commencing on June 1, 2007, which was annually stepped-down through June 1, 2010. For the period of June 1, 2009 through May 31, 2010, Sameer was required to pay Madhu monthly …
I enjoy the privilege of being a Fellow in the International Academy of Matrimonial Lawyers (www.iaml.org). Comprised of approximately 700 family law lawyers from around the world, the IAML is considered the most prestigious international family law society. The Academy was formed in 1986. The primary objective of the Academy is to improve international family …
An unpublished opinion from Ventura County helps us to understand who gets disability benefits at divorce. Robert and Victoria married in 1978. In 1989 Robert bought a disability policy from Unum Insurance. The couple separated in 2004. Simultaneously Robert went on disability. By the time the case went to trial, the monthly disability benefits payable …
From our eNewsletter: When contemplating divorce, most people put themselves under undue stress worrying about their financial well being. Much of that stress is due to the fear of the unknown. So what do you do about it? Before, during, or after a divorce, it is important to keep yourself in reality as to your …
Now that the U.S. Court of Appeals for the Ninth Circuit has declined to conduct an en banc review of its earlier ruling invalidating California’s Prop. 8 — technically Perry v. Brown — the presumed next step is for the U.S. Supreme Court to take up the case. I am not so sure that will …