Divorcing in the Golden Years (surprise!)

This recent article was inspired by Danny Devito’s divorce after 30 years of marriage.  The article attempts to describe a number of reasons why couples may divorce after a long marriage.  One recent study found, “The divorce rate among older adults has more than doubled since 1980, and 1 in 4 persons who divorces today is over age 50.”  So it seems that divorce isn’t just for thirty-somethings with children. … Read More

California’s Legal Document Assistant Problem (I can’t give you legal advice, but….)

Many times, clients come to our office and we get to “clean up messes.”  In some of these cases–the damages already done to the client’s legal position are irreparable.  For many of these parties it would have also been cheaper to have an attorney from the start–instead of trying to fix the harm done while unrepresented. … Read More

Enjoying the holidays as divorced parents (maybe)

A recent article from the Washington Times explores ways in which divorced families can survive the holidays.  The article does correctly point out that, like in other areas of life, a little advanced planning can go a long way. Here are my own thoughts on working your way through the holidays as a divorced (or divorcing) parent: If you have a court order, read it, follow it, and keep a copy with you.… Read More

Can I pay less child support when my ex won’t let me see the kids?

Clients sometimes ask—since my ex is withholding our kids from visiting with me, can I stop paying child support?  I understand the logical inference the client is drawing here.  My ex is acting wrongfully, I am not seeing my kids, therefore the ex should be punished and they should support the kids since they have them 100% of the time. … Read More

A Tale of Two Counties: Mediation & Local Attorneys

Appearing recently at a child custody mediation (AKA child custody recommending counseling session) and trailing hearing I was reminded of two things: (1) local rules matter and (2) sometimes practicing law is a lot like playing poker Whenever child custody is at issue California courts require parents to go to a mediator (AKA child custody recommending counselor) to try to reach an agreement. … Read More

Divorce in California (The Basics)

What grounds are there for divorce? There are two grounds for divorce in California: 1) irreconcilable differences and 2) incurable insanity. California is a no-fault state—meaning that judges don’t care who cheated on who or why you are splitting up. They just need to know that one of the spouses thinks the marriage is totally broken and can’t be fixed.… Read More

Post-Judgment Discovery and Modifications (How to see how much $$ your Ex earns)

You may be receiving child support and you don’t think it’s enough.  You may be paying spousal support but think your ex is actually making more now than at the time of the divorce.  Before filing a motion to modify support, wouldn’t it be great to know how much money they are making—so you don’t waste your time or money? … Read More