Under California Family Code Section 2337, a party may obtain what is called a “Status Only Judgment,” which is a judgment that terminates the marriage only, leaving all other issues (division of property, support, custody) to be decided at a later time. The most common reason that a party seeks a status only judgment [...]
26
2010
2
2010
Study Shows Value of Living Will
A new study suggests that more than one in four of the elderly population will need someone to make their end-of-life decisions for them. This finding places a significant emphasis on the importance of creating a living will and stating after-life wishes explicitly. A living will is a statement that is written by the [...]
29
2010
The Dangers of a Power of Attorney Following Separation
Many people give their spouse a Durable Power of Attorney to handle their financial affairs. In the divorce context, Durable Powers of Attorney are loaded guns. An estranged spouse can use a Durable Power of Attorney to transfer their spouse’s assets to them, take out loans in the name of their spouse, and engage [...]
1
2010
It’s Tax Time: Income Tax Considerations During a Divorce
If you are in the middle of a divorce proceeding, you may be wondering how you should file your tax return, whether you can claim the children as dependency exemptions and how to determine whether support payments should be deducted or included as income. The following brief, non-exhaustive summary will help you navigate these issues [...]
8
2010
MARRIAGE, INC.: The Financial Partnership Between Spouses
When it comes to finances, California law treats spouses just like business partners. In fact, provisions of the California Corporations Code addressing the duties between business partners are incorporated right into the California Family Code. For example, Family Code 721(b), states that marriage is a “[confidential and fiduciary relationship] subject [...]
20
2010
The Elkins Family Law Task Force
The Elkins Family Law Task Force was appointed in response to an August 2007 California Supreme Court opinion, Elkins v. Superior Court (2007) 41 Cal.4th 1337, which held that marital dissolution trials should “proceed under the same general rules of procedure that govern other civil trials.” The charge of the task force is to propose [...]