November 21, 2011
One of the first questions asked by prospective family law clients is “What do I need to bring to my attorney to help start my divorce?” In order to reach division of the assets and debts of the marriage, as well as to determine support that may be paid by either party, the party’s financial situation must be determined and assets and debts identified.
The two basic family law forms used to document assets and debts are the Schedule of Assets and Debts and the Income and Expense Declaration. Each party will complete each form and exchange it with the other. (more…)
November 11, 2011
Kim Kardashian filed for divorce after only 72 days of marriage. The fate of the 20.5 karat diamond ring may be the subject of the couples’ prenuptial agreement. It is rumored that Kim loved the ring so much that she included a clause in her prenuptial agreement which allows her to keep the ring if the couple divorces, provided she buys the ring for its original purchase price from Kris Humphries who purchased the ring. (more…)
September 23, 2011
You may not have experience with courtroom decorum. Fear not. The following is a list of tips to help you avoid common faux pas. Remember that the courtroom is a formal environment:
Get a good night’s sleep and eat a full breakfast. (more…)
September 13, 2011
Jacob A. vs. C.H.:
It is not proper for a court to determine a custodial move-away request based on an assumption that denial would stop a custodial parent from moving. (more…)
Celebrity wrestling legend, Hulk Hogan divorced his wife of 25 years, Linda Hogan, in 2008. Linda recently released an autobiography, Wrestling the Hulk: My Life Against the Ropes. In her book, Linda alleges that Hulk had a violent temper and was physically abusive. She claims, “[Hulk] tore my shirt. He threw lamps. He held me down on the bed with his hands around my throat during arguments, slamming doors, pounding walls” and “I was always afraid he would kill me in one of his rages.”
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- Cancel jointly-owned credit cards. Inform your spouse that you are cancelling joint credit accounts. If you continue to maintain such accounts, you will most likely be liable for debt incurred by your spouse. You can freeze accounts by telling the credit card company you are going through a divorce. (more…)
Russell Armstrong, husband of Real Housewives of Beverly Hills cast member Taylor Armstrong, took his own life on August 15, 2011. Russell committed suicide about one month after Taylor filed for divorce.
Following Russell’s death, attorneys for Taylor and Russell’s family members engaged in a public battle over his burial arrangements. It has been reported that Taylor sought to bury Russell in a Los Angeles Cemetery while the family wanted him buried in Texas. The parties have agreed that Russell’s body will be cremated and the remains will be divided. Taylor will host a funeral in Los Angeles and his family will host a funeral in Texas. (more…)
Community Property Background
In California, community property law governs the division of property upon divorce. All property acquired during marriage and before legal separation is presumptively community property. All property acquired before marriage is presumptively separate property. All property acquired by gift, bequest, or devise is also considered separate property. Finally, property titled in the name of only one spouse is presumptively separate property.
Upon divorce, a court will award each spouse his or her own separate property. Each spouse will be awarded one half of the community property. In order to distribute property in accordance with community property principles, a court must determine its character and value. Courts trace back the source used to acquire particular assets when determining its character. (more…)
By all appearances, Kristine Cushing was a loving mother. She took her daughters, ages 4 and 8, to music, soccer, and dance while her fighter pilot husband, John Cushing, was overseas on assignment. Appearances can be deceiving. In 1991, Kristine Cushing murdered the girls with a .38 caliber handgun while they slept in their Orange County home.
At trial, Kristine argued that the murders occurred as a result of a bad reaction to Prozac, a debilitating heart condition, and the pending dissolution of her marriage to John. She was found not guilty by reason of insanity. She was sent to a mental institution in California for a decade. (more…)
August 23, 2011
1. Hold an inclusive meeting
If possible, both parents should be present. Doing so sets a precedent that you are willing to work together to meet the children’s needs. Also, all kids should be present. It is not appropriate for a child to learn of the divorce second-hand from a sibling.
2. Remain as objective as possible
Children emanate their parents. If you are able to disclose divorce plans without blame or histrionics, the children will be more likely to react the same way. (more…)
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