My Wife and I Recently Split Up. Do I Have to Keep Paying the Mortgage if I Am the One Who Moved Out?

It is not unusual for a couple to physically separated upon filing for divorce, which means that one spouse remains in the marital home and the other spouse moves out to a different location. Assuming that the marital home is community property, in that the parties obtained the marital home during the marriage, and that the home is subject to … read more

My Husband Gets Bonuses and Overtime Pay at Work. Does This Count as Income for the Purposes of Calculating Child Support?

Under California law, the court must consider all income from both parents in calculating a child support obligation. Bonuses and overtime pay that a parent earns in the course of his or her employment does count as income for the purposes of child support. However, since bonus and overtime income is not always consistent from paycheck to paycheck, the court … read more

What is the Date of Separation for the Purposes of Our Divorce, and Why Is It Important?

The date of separation for divorce law purposes can be a very important issue in any California divorce case. Under California law, the date of separation can be the deciding factor as to whether an asset constitutes marital or separate property, or whether a marriage is considered to be “long-term” for the purposes of a spousal support order. As a … read more

What Financial Information Do You Need to Bring to Your Divorce Attorney?

When you are involved in a divorce, you must disclose all financial information to your spouse that is relevant to the divorce. As a result, it is essential that your divorce attorney has all of the pertinent financial information necessary to effectively negotiate with your spouse’s attorney and resolve matters related to your divorce. One of your first tasks should … read more

Can I Use Mediation to Resolve My Divorce?

Mediation is an alternative form of resolution for spouses who are divorcing, but who would like to avoid the time, expense, and adversary nature that typically exists in traditional divorce litigation. Unlike proceeding to trial in a courtroom, where a judge ultimately will make decisions for you, mediation can allow you to make your own decisions about various issues related … read more

What is Community Property Under California Law?

When it comes to divorce, California is a community property state. This means that any property that either spouse acquires during the marriage, whether separately or jointly, counts as community property, which is subject to division by the court in a divorce. Each spouse owns one-half of the community property, and a divorce judge typically will divide community property equally … read more

How Does My Child Support Obligation Change if I Start Getting Social Security Disability Benefits?

When a parent with a child support obligation becomes disabled and unable to work, he or she may qualify for Social Security disability benefits, depending on his or her work history. If the parent qualifies for these benefits, his or her minor children also may be eligible for derivative benefits, or monthly payments that are paid for the benefit of … read more