How are personal injury settlements divided in divorce cases? By Andrew Tran, Esq. and David K. Wilkinson, CFLS, AAML If a spouse has been involved in a personal injury lawsuit and is entitled to receive a settlement, how much (if any) is the other spouse entitled to during a divorce proceeding? Starting Point – if During Marriage then Community Property Pursuant… READ MORE
Division of Property Blog
How Divorce Works in California: A Complete Guide
We often have Irvine, Orange County clients ask our attorneys, “How does divorce work in California”? This page is designed to explain just how divorce cases work from start to finish, the different types of cases for divorce, and discusses the myriad of issues that may arise during divorce. Getting Started Divorce cases are started different ways depending on the… READ MORE
Division of Retirement (Social Security and Pension) – Recent Peterson Case
Irvine California – Recent Case Law Provides for Unjust Division of Social Security and Pension Benefits In a recent case from Los Angeles County, a husband (John) and wife (Annette) divorced. Both parties are attorneys. Annette worked for L.A. County and had a pension benefit through her employment, and John worked in private practice and accrued Social Security benefits through… READ MORE
California Divorce Law – Are Frozen Embryos Property or Children?
Irvine Divorce Specialists – Free Consultations An interesting case popped up recently in the San Francisco Bay Area in northern California. In this case, Dr. Mimi Lee and Stephen Findley created several embryos when they learned that Lee had cancer. Now the parties are divorcing. Lee cannot have children and wants the embryos to implant into a surrogate and Findley… READ MORE
How is Property that is not Located in California Divided in Dissolution of Marriage Cases?
Division of Quasi-Community Marital Property in Divorce and Dissolution of Marriage Irvine Divorce Lawyers – Free Consultations to Learn about Division of Marital Property What is Quasi-Community Property? For purposes of a property division in marital actions or the rules governing marital property debt liability, Family Code Section 125 defines “quasi–community property” to include (i) real and personal property, wherever situated, which would… READ MORE
Divorce Litigation and the Pros and Cons of Emerging Technologies
Divorce Lawyers in Irvine, California – Expert Advice Free Consultations – Free Parking – Friendly Office Divorce litigation can be an extremely scary proposition for anyone. The fears of walking into court can be expounded when a divorcing spouse is unfamiliar with the process and unfamiliar with how information gained from technological sources can be used against them in the… READ MORE
Top Ten Mistakes Divorcing Parties Make
Top Ten Mistakes Divorcing Parties Make to Hurt their Case Advice from a California Certified Family Law Specialist – Irvine / San Diego / Temecula With decades of legal experience, our lawyers have seen just about every divorce issue imaginable. We have seen the best ways clients handle difficult situations and we have seen the worst ways clients handle situations. We… READ MORE
2013-2014 Updates for Important Family Law Cases
Case Updates for 2013 and part of 2014 Concerning Family Law Matters in California Below are a list and extremely short synopsis for several important cases in California family law circles. Some of these cases may apply to your Orange County divorce, custody, paternity, DV, child support, spousal support or property division case. Boblitt: 223 Cal. App.4th 1004: Upon discovery cutoff… READ MORE
Business Valuations and IRMO Finby- Orange County Divorce Information
A “Book of Business” is Community Property if Acquired During Marriage; Bonus Income Received After Separation may be Community Property; and a Contingent Deferred Recruitment Bonus is not Community Property In the recent case of In re Marriage of Finby (CA 4/3- Opinion filed December 18, 2013), the Court of Appeal handled various issues involving the division of community property… READ MORE