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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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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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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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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