Bifurcation of Marital Status aka Status Only Judgment
What in the World is a Bifurcation? If someone were to ask me to identify the single biggest myth I’ve encountered over my many years of practicing family law, it would be the belief that a divorce is finalized by the mere passage of six months. This is simply not true. Six months merely represents the earliest possible date judgment can be entered. The six months does not begin to...Read More
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Civil Harassment Restraining Orders
What is a Civil Harassment Restraining Order? When one thinks of restraining orders, the first thing that may come to mind is domestic violence restraining orders (DVROs) which are issued by the family court and used to enjoin violence, stalking, harassing and similar behavior between parties who have a blood or familial relationship. For instance, married parties, couples who used to...Read More
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Contempt Actions 101
The Other Party in My Case Isn’t Complying with a Court Order – Help! You’ve been to court and obtained an order for custody, support, property control or something similar. What a relief, or so you thought. Unfortunately, the other party is not complying with the court order. What can you do? File an action for contempt. What Exactly is a Contempt Action? A contempt action is a...Read More
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Date of Separation in Divorce
What Exactly is My Date of Separation? A Petition for Dissolution must set forth two dates. One is the date of marriage, the other the date of separation. The date of marriage is rarely in question. The date of separation, however, can become a point of contention. The Significance of the Dates In general terms, community property is all property acquired during the marriage; that...Read More
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Coronavirus and Family Law
Coronavirus (COVID-19) has obviously been forefront in the news these past few weeks. The everchanging developments are causing great uncertainty and panic. Schools are closed, and the government has implemented a statewide shelter in place directive. This is causing some parents to review their custody orders, as they may not be sure who is responsible for the child(ren) during...Read More
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Child Custody and Visitation Agreement
Do We Need a Child Custody and Visitation Agreement? It may seem oddly formal to think about a child custody and visitation agreement that will schedule the time that you spend with your kids. However, in any kind of child custody situation, you need one. A visitation schedule helps maintain sanity and stability, for you and your kids. Generally, the process involves sitting down with the...Read More
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Dividing a Military Pension in a Military Divorce
There are several differences between a civilian divorce and a military divorce; one of the most notable being what happens with retirement accounts. Military pensions, like all other financial assets, are subject to community property laws. When it comes to military divorce in Monterey County, military status of either spouse can have a big effect on how property is divided. This is...Read More
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Monterey County Child Support: What to Expect After Your Child Support Hearing
After your child support hearing is over, you may wonder what’s next. The court may have made orders about child support, health insurance payments, other medical costs, and/or daycare. In Monterey County, here’s what you can expect after a hearing about child support: Filing of the order after a child support hearing: Monterey County Department of Child Support Services (a.k.a....Read More
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Financial Disclosures in Divorce
A major part of divorce is dividing assets and debts. To make the division streamlined, courts in California, including Monterey County, require parties to submit “financial disclosures.” The disclosures usually are made at least twice during the divorce. Once at the beginning (the “preliminary disclosures”), and once at the end (the “final disclosures”)....Read More
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Request for Order Hearing: What to Expect
When parties cannot come to agreements during a divorce or custody proceeding, one will usually file a request for order. A request for order asks the court to make or change a decision about an issue in your case. Usually, requests for order relate to child custody and visitation, child support, spousal or partner support, property control, and attorneys fees and costs. In Monterey, when you...Read More
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