During divorce discovery, some intimate details about a couple’s life may at first seem irrelevant but could nonetheless be important to the case. Otherwise private information that spouses know (or purport to know) about one another may be important as a means...
Divorce
Can my spouse subpoena (order to produce documents/evidence) my Facebook activity?
Probably not. According to Facebook's website, it states that Federal law prohibits Facebook from disclosing user content (such as messages, timeline posts, photos, etc.) in response to a civil subpoena. Facebook cites the Stored Communications Act, 18 U.S.C. §...
Same-sex couples may be thinking more about prenuptial agreements
The issue of gay marriage has been in the news a lot lately. As a growing number states wrestle with legalizing same-sex marriage, court rulings in more conservative states are striking down gay-marriage bans as unconstitutional. Here in California, the legal status...
Challenging the assumptions against prenuptial agreements
Research in the field of psychology has revealed a common trait among humans that significantly influences the decisions we make. This trait is called the “optimism bias.” In short, the optimism bias may cause us to believe that we are more likely than...
Why no-fault divorce is such an important option for couples
In the late 1960s, California became the first state in the nation to adopt “no-fault” divorce laws. Couples filing for divorce no longer had to assert that one spouse violated the marital contract in some way (through infidelity, for example). No-fault...
What can I do if my spouse has stopped paying the court ordered support?
A party who is obligated to pay child support or spousal support under a court order is required to continue to pay until the court changes or terminates that obligation. If a party is not paying support, the court can use its contempt powers to punish the party who...
3 Tips for Child Custody Recommending Counseling Appointments
1. Have a Plan: It is very important that you have an idea of the child sharing plan that you would like to propose as being in the best interests of your child. Oftentimes, expressing that you want "50/50" time with your child is inadequate and not advisable. Have a...
Trouble moving on after divorce? Facebook may be the problem
We live in the age of social media, which means we are often privy to a lot more information about other people than we would have been in the past. This is usually considered a good thing, but there are some definite down sides as well. If you’re going through...
I used my own separate funds (i.e. money I earned and/or acquired prior to marriage) to purchase our home; can I get my money back in a divorce proceeding?
When a Community Property asset was initially purchased with the Separate Property of one spouse, the contributing spouse is deemed to have made a contribution to the acquisition of a Community Property asset. The contributing spouse may be entitled to a Reimbursement...
Spousal Support FAQs
Q: Why is spousal support important? Spousal support is often the largest financial obligation you will incur as part of a divorce. If you are not proactive, spousal support can last decades and cost you hundreds of thousands of dollars. If you end up paying $1,500...