Author Archives: ladivorcelawyer
Is a Pension of One Spouse a Community Property Asset in a California Divorce?
I receive questions like this with some frequency: QUESTION: I married after I retired and starting receiving a pension. Now, I am getting divorced. Is my spouse entitled to part of my pension in the divorce settlement? ANSWER: No, under these facts in a California Divorce the pension is the separate property of the spouse… Read More »
Can the Court Issue a Domestic Violence Restraining Order Based on Conduct From Years Ago? Yes.
A Recent California Court Decision Allowing a Trial Court to Issue a Domestic Violence Restraining Order for Conduct Which Occurred Years Ago May Significantly Influence Child Custody Orders in California. Don’t Have Time? Watch the Short Video on This Important Topic On July 23, 2025 the California Appellate Court Published a Case Which Allows the… Read More »
My spouse filed for a Divorce in Another State, I live in Cali, Which State is The Right State?
Navigating Divorce and Child Custody Jurisdiction: What You Need to Know Divorce and child custody cases can be complex, and one of the most critical aspects to understand is jurisdiction – which court has the legal authority to hear your case. This is especially true when families have moved between states or when one parent… Read More »
Learn What Impact Cohabitation Has on Alimony in California Divorces
An Ex Spouse Who Receives Alimony and Begins Cohabiting with a New Partner May Be Providing the Factual Basis for the Payor Ex Spouse to Obtain a Court Order to Modify the Amount of Alimony. What You Need to Know: Navigating the complexities of alimony in California Family Law Courtcan be challenging, especially when new… Read More »
Dividing the Home in Divorce: Understanding reimbursement for Unequal Contributions to the Down Payment of the Marital Residence. Cal. Family Code 2640
QUESTION: How is equity from a home sale divided in a California divorce if each spouse contributed to the down payment from pre-marriage funds but one spouse contributed more of the down payment from pre-marriage funds? FACTS: I got married three years ago. Shortly after marrying, we bought a house together. We both contributed to the… Read More »
Navigating Divorce in California: Understanding the Request to Enter Default
In this post we explain What a Request to Enter a Default in a California Divorce Is, Why One Would Do It, and How One Doest It. When filing for divorce or legal separation in California understanding the process is crucial. If your spouse doesn’t respond to the petition, you might be considering seeking a… Read More »
The California Appellate Court Clarifies Spousal Support in Cases Involving Federal Immigration Law-I-864 Affidavits of Support
In a case published June 20, 2025, the California Appellate Court Stated that Income Available for Support Must Be Calculated Before Support is Determined Even in Cases Involving I-864 Affidavits of Support California Appellate Court Clarifies Spousal Support in Cases Involving Federal Immigration Law (I-864 Affidavits) A recent opinion issued by the California Appellate Court… Read More »
Courts Generally Issue Temporary Restraining Orders Upon Allegations of Domestic Violence
Domestic Violence Allegations Generally Result in the California Courts Issuing Temporary Restraining Orders Pending a Hearing. A Permanent Restraining Order Issued After a Hearing Has Profound Effects on Child Custody Under California Law.. Navigating family law matters, particularly when dealing with divorce, paternity, child custody, and the complexities of domestic violence cases in both civil… Read More »
Is Alimony (Spousal Support) Taxable in California?
I am often asked whether alimony is taxable in California. The short answer is YES. Here’s the question I received yesterday. I post it as I believe the answers to the question are helpful. QUESTION: I have a spousal support mutual written agreement that I started receiving payments in 2024 ( entered also that year… Read More »
I Have Never Had A Couple Get Divorced After Getting a Prenuptial Agreement
This is obviously clickbait. But, it’s true. In my career I have never had a couple who retained me to prepare a prenuptial agreement for them file for divorce. The implication is that Prenups make marriages stronger, right? Well…no. I believe that couples who who agree that they want a prenuptial agreement and come to… Read More »