In California, what a spouse earns before the date of separation usually belongs to both spouses, while what they earn after that date belongs to them individually. This date draws the line and can also determine how long spousal support will last. Most couples don’t think about divorce until the petition is filed. By then,…
Retiring does not end a spousal support order in California. The order remains in effect at the same level until a judge issues a new one. If you stop paying on your own, the missed payments will become arrears that you still owe. Retirement Can Be a Material Change in Circumstances Under Family Code section…
The money you inherit belongs to you under California law, even if a parent passes away halfway through your marriage. This protection is real, but it is not automatic. What you do with the inheritance after it arrives often matters more than where it comes from. California Treats an Inheritance as Separate Property California is…
A stock option that doesn’t vest until next year may still be partially owned by your spouse. This depends on when the earnings were made. If any of these earnings occurred during the marriage, the community may have a claim to the option. Options Earned During Marriage Are Community Property Under California Family Code section…
A California judge can divide your military retirement pay. That same judge cannot touch your VA disability compensation. Settlements that blur the two will produce orders that the Defense Finance and Accounting Service will not honor, and by the time anyone notices, the judgment will usually be final. Two Bodies of Law Apply at Once…
Serve your Request for Order less than 16 days before the hearing, and the judge may decline to hear it. Custody arrangements, support payments, and questions about who stays in the home all remain unresolved until a new date is set. At Roberts & Zatlin, we see this deadline catching people more often than any…
One text message can lead to your being handcuffed. In California, violation of a domestic violence restraining order is treated as a separate crime under Penal Code section 273.6. Officers can arrest you based on the report of a protected person alone. Original allegations are not re-litigated. The order itself is what you have broken….
Signing a Voluntary Declaration of Parentage makes you the legal father of the child the moment the form reaches the California Department of Child Support Services. It has the same weight as a court order signed by a judge. Support obligations, custody rights and inheritance rights are attached immediately. California doesn’t allow you to undo…
That post you thought was private can end up on a screen in front of a family court judge. In California, a photo, a comment, a Venmo receipt, or a “deleted” TikTok can all become evidence in a divorce or custody case. Attorneys are pulling this content more than ever. Survey after survey shows a…
A postnuptial agreement is harder to enforce in California than a prenuptial, not easier. This surprises most couples. Once you are married, the law holds you to a higher standard of honesty towards your spouse, and this standard shapes everything about whether your agreement will survive a divorce. What a Postnuptial Agreement Actually Is A…
Filing for a domestic violence restraining order (DVRO) in California costs nothing. Family Code § 6300 waives all filing fees, which is significant because it removes one of the barriers that often keep people in dangerous situations for longer than necessary. If you are in an abusive relationship and are considering a restraining order, here…
A parent who wants to relocate with a child after separation or divorce cannot simply pack up and move. In California, moving that disrupts the existing custody arrangement requires either the other parent’s written agreement or a court order. Without one of these two things, relocating with your child can expose you to contempt of…
Information on this website is for general information purposes only. Nothing on this site should be taken as legal advice. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. By submitting your information in any form on this website, you consent to be contacted via phone call, text message, or email. Please be aware that, while we use commercially reasonable means to protect information that is submitted, such information can never be 100% secure.
