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
26
2010
Do’s & Don’ts of Status Only Dissolution
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 [...]
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 [...]
7
2010
North Carolina Woman Awarded $9 Million from Husband’s Mistress
Suspecting her husband of 32 years was having an affair, Cynthia Shackelford of North Carolina hired a private investigator who confirmed her fear: her husband was involved in a longstanding liaison with a woman whom he’d met at a local college. Shackelford took legal action, suing her husband’s mistress for “alienation of affection.” She won, [...]
5
2010
David Patton Secures Primary Custody & Move Away Order in Hotly Contested Child Custody Case
Following a lengthy trial, the Santa Clara County Family Court ruled in favor of Mr. Patton’s client, awarding full custody of the children to the mother and giving her the right to move to another state with the children.
Father in this case sought 100% custody of the children and wanted to prevent Mother from [...]
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 [...]
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 [...]
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 [...]
10
2010
Spousal Support is Not Always Deductible When Liability Extended Beyond Death
Husband and Wife entered into a Marital Settlement Agreement predicated upon their ultimate judgments of divorce. If the couple were to enter into a divorce, the provisions of the agreement would be fully incorporated into the final divorce judgment.
The agreement included two provisions regarding their respective rights upon death of the other party with respect [...]
3
2010
Lump Sum Payment Allowed as Alimony/Spousal Support Deduction
Wife and Husband filed for dissolution of their marriage a couple years back. Prior to their final judgment of divorce, the couple reached an agreement for a lump sum spousal support payment. Marital Settlement Agreement called for a payment of approximately $150,000 and the final judgment incorporating the Marital Settlement Agreement was issued by the [...]