When spouses wish to terminate or alter their marital status, they have three options for doing so- legal separation, annulment or dissolution. If spouses choose annulment or dissolution, the marriage is terminated and the spouses become single persons. If they opt to obtain a legal separation, the marital status is not terminated and [...]
14
2010
24
2010
Proactive Steps to Take if You Are Contemplating Divorce
In California, both spouses have fiduciary duties towards one another that require them to act in good faith in their dealings with each other and to disclose all material facts and information regarding community assets and debts. While there are several formal and informal methods of obtaining necessary information from the other party during [...]
31
2010
Dodger Divorce
As Opening Day approaches, much of the buzz about the LA Dodgers focuses on the owners’ high profile divorce case. There are numerous legal issues in the case, as well as millions of dollars at stake.
While Frank and Jamie McCourt are currently litigating the issue of temporary spousal support (with Jamie [...]
24
2010
Divorcing Couple War Over Child’s Religion
Recently, a Chicago father has been in the news for violating a custody order by taking his daughter to a Catholic mass. Specifically, Father converted to Judaism after marrying Mother, and allegedly agreed to raise their daughter Jewish. However, they soon separated, and Father began practicing Catholicism again and even had their [...]
17
2010
Property Division in Divorce
Dividing up personal property during a divorce can be difficult, as different items may be especially unique or useful or may have sentimental value to one or both spouses. Celebrity Kate Walsh and her husband, Alex Young, devised an ingenious scheme to ensure that each received an equal share of the community furniture and artwork [...]
25
2010
Do I Need a Pre-Nup?
As wedding season approaches, you may be wondering whether a pre-nup, or pre-marital agreement, is necessary or right for you. A pre-marital agreement can provide many benefits, such as protecting your separate property, supporting your estate plan, and establishing rules for deciding future matters during marriage and handling issues such as spousal support and property [...]
11
2009
Text Messaging During a Divorce
As a recent article points out, text messages, along with other types of electronic media, are frequently coming into play and presenting new concerns for those in the midst of a divorce proceeding. Text messages sent to a spouse, friend, or new partner during a divorce proceeding often “reveal intentions, intimate details and negotiation strategies” [...]
13
2009
Recent Developments Re: Domestic Violence Restraining Orders
In the recent case of In re Marriage of Nadkarni (173 Cal. App. 4th 1483), Husband accessed Wife’s private email account during a custody proceeding to find out information about her whereabouts; he then attached emails to pleadings filed with the court and alleged that he obtained other information that was inflammatory and sensitive that [...]