The Ghost of Elkins

In Elkins v. Superior Court (2007) 41 Cal.4th 1337, the California court recommended that the Judicial Council of California establish a task force to “study and propose measures to assist trial courts in achieving efficiency and fairness in marital dissolution proceedings and to ensure access to justice for litigants, many of whom are self-represented.”… Read More

The importance of tax returns in divorce proceedings

  Joint Filings: Many times during a divorce, Parties are tempted to file taxes as “married filing jointly.”  Usually, but not always, your tax burden will be lower filing jointly, depending on your respective incomes, deductions, and credits. The main disadvantage of filing jointly is that both spouses are jointly and severally liable for taxes on the return, including any tax deficiencies, interest, and penalties.… Read More

Gender-neutral changes to the California Family Code: substance from the symbolic

In January of 2015, the California Family Code is facing a monumental shift towards gender equality.  The words “husband” and “wife” or “man” and a “woman” will be replaced with “spouses.”   These changes affect at least the following statutes: Sections 300, 301, 302, 420, 500, 720, 721, 750, 751, 752, 754, 761, 1102, 1500, 1620, 1839, 2200, 2201, 2210, 2211, 2322, 2400, 2401, 3120, 3450, 3551, 3580, 3585, 3600, 4323, and 4930.… Read More