Divorce

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

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

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

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

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

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

Military Divorce: Child Custody & Dividing Assets

The Added Issues in a Military Divorce In marriages where one, or both, spouse is an active duty service member, military divorce is unfortunately not rare. According to statistics published by the Pentagon in March 2018, the divorce rate for service members in the United States has remained around 3% per year, over the last four years. Military couples likely face longer separations and more...Read More

Divorce – Automatic Temporary Restraining Orders

Protection During Divorce, and Automatic Temporary Restraining Orders Are you thinking of filing for divorce in Monterey County? Are you worried about the immediate results of filing, and want to make sure you’re protected? Before you file, you should know about the Automatic Temporary Restraining Orders. These are rules that you have to obey from the time you file the papers until your...Read More

How Can I Get a Quick Divorce in Monterey?

California allows some couples to get a “quickie” divorce using a method called “summary dissolution.” (A regular divorce is referred to as a “dissolution” in California.) The summary dissolution procedure is designed for couples who have not been married for long, and who do not have complicated issues to sort out in the divorce. You must meet certain...Read More

How Is a Military Divorce Is Different?

When one spouse is in the military (or when both are), additional legal issues come into play. Special rules apply in a military divorce regarding where to file a military divorce, how child and spousal support is calculated, how child custody is determined. In addition, military benefits must be considered such as military retirement pension and post-divorce health insurance issues. Service...Read More