In Los Angeles Divorce matters, the court provides the Respondent with 30 days to respond to the Petition and Summons that was personally served upon them. If they do not respond, the Petitioner can proceed by what is called a default. A default is when the court assumes the matter goes uncontested because the Respondent…
I was tempted to write this post because of so many initial consultations I have with divorce clients where one party says “yeah, but I just want to give all of x,y and z because ” I don’t want to fight”” Usually all of which they want to give is grossly disproportionate to what the other side…
Family Code Section 2104 provides that all parties must exchange the preliminary declaration of disclosures. This includes the Fl-150 which is the Income and Expense Declaration, the Schedule of Assets and Debts which lists absolutely all asset and debts that you collectively possess or own with the other spouse. Even if you know of the…
Transmutation issues arise with the parties residence more than any other asset in a divorce. California Law provides that when you transfer title to your spouse during marriage, you no longer have separate property interest in the residence because you have now “gifted” it to the spouse with what is called a “transmutation.” However, any…
Kim Kardashian is finally divorced. The divorce judgment was signed by the Honorable Judge Hank Goldberg of the Los Angeles Superior Court. Although, Kris Humphries wanted an annulment, based on the allegation the divorce was a fraud and a big publicity stunt, the couple were divorced. There is a difference between an annulment and a…
Debunking Family Law Myths: Myth #1: Prenuptial Agreements are Difficult to Enforce This is not true. Prenuptial agreements are generally favored. As long as the financials were disclosed in proper form and the requirements associated with drafting a proper prenuptial agreement, they are enforceable in court at a time of divorce. Myth #2: Prenuptial Agreements…
Should you seek attorney’s fees from a spouse or co-parent an experienced family law firm is necessary to ensure the award from the court. Attorney’s Fees may be granted under the following code sections: Family Code Section 270: Family Code Section 270 provides that an award of attorney’s fees may be provided if one party…
I always have clients asking me the following questions: Can I get an annulment? And, what is the difference between a Legal Separation and Divorce. Annulments: Well, first not everyone qualifies for an annulment. An annulment is a legal process to wipe out the marriage as if it never happened. The marriage license becomes void/annulled.…
If you believe that the parent of your child will be taking the child out of state or country without your consent then you must file for an abduction order. This could be done on an emergency hearing. In this case, the court will order the child to stay in the county and should the…