Archive for the 'Community Property' Category

What Are My Rights if I Owned A Business Before My Marriage But Worked At It During The Marriage? What Could The Court Do?

Wednesday, December 23rd, 2009

Your rights to the business that you owned prior to marriage but worked at during marriage would depend on a few different factors, as explained below, but you do have rights!
In California, the courts apply different formulas to deal with the distribution of property and assets that the couple owned during their marriage. In [...]

What If I’m Making Payments on Debt That Me And My Ex-Wife or Ex-Husband Accumulated During The Marriage?

Friday, December 18th, 2009

An Ex-Wife or Ex-Husband Who Makes Payments On Community Property Debt During A Divorce Case Will Be Reimbursed For Those Payments By The Other Spouse.
Many times when couples separate there are issues with community money being used to pay a spouse’s separate expenses while the dissolution is pending and they are living separate. There [...]

What if I can’t afford attorney’s fees? Can the court make my ex-spouse pay for my attorney’s fees?

Tuesday, November 10th, 2009

The Court Can Make An Order Forcing Your Ex-Spouse To Pay For Your Legal Fees
The trial court’s order for a husband to pay spousal support, child support, and his wife’s legal expenses in the case of In re the Marriage of Keech left the husband with only $93 per month for all his other necessary [...]

Can one attorney represent both parties in a divorce?

Monday, November 9th, 2009

An Attorney May Represent Both Parties in a Divorce Case
An attorney is allowed to represent both a husband and a wife in a marriage divorce proceeding under certain circumstances. Each spouse needs to consent to a dual representation after being fully informed and understand the effects this situation can create. An attorney who attempts to [...]

Dodgers owner Frank McCourt and his wife, Jamie McCourt, back in court again regarding their divorce case

Wednesday, October 28th, 2009

The Los Angeles Dodgers owner Frank McCourt and his estranged wife, Jamie McCourt, were back in court today on the issue of whether Jamie McCourt would be reinstated as the team’s chief executive officer. This filing came after she had filed for divorce and after Frank McCourt had fired her as the CEO of [...]

In a divorce, can a retirement pension be divided between the spouses?

Monday, October 26th, 2009

Yes, one spouse’s retirement pension is subject to division between the two spouses when they divorce, even if the spouse with the pension has not yet retired when the divorce takes place, according to the case of In Re Marriage of Brown.
When a couple divorces in California, all the property the couple has acquired will [...]