Articles/Blawg

I’ve presented these articles which I have written because I feel they offer good information for my clients. Reading them at your leisure will help you better understand your situation. If you have any questions regarding what you’ve read here, especially how it may relate to your own family law issue, please feel free to contact my office. We will be happy to arrange a consultation to discuss all your questions.

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College Expense as “Child Support” Gets the Green Light from the California Court of Appeal

April 14th, 2014

I am always amazed and a bit impressed by parents who, after a financially devastating divorce, want to find a way to pay for their child’s college education.  In California, state mandated child support ends (except for disabled adult children) when certain events occur, but never ends later than when a child reaches adulthood at age 18, or age 19 if still in high school.  Unless a child is disabled, there is no mandated adult child support (including for college) in California.

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A “Self Prenup”… The Big Impact of a Little-Known Legal Selfie

April 7th, 2014

The engagement party is over and the happy couple is diligently planning for their joyful wedding day.  One of the intended spouses, I will call him Danny, is wealthy.  Danny’s intended wife, I will call her Annie, is not wealthy.  Danny loves Annie because she is full of energy and makes him feel young.  Danny has made lots of money and has lots of assets, including real estate, which affords him the luxury of not having to work and instead only to have fun with Annie.  Because Danny was fully aware of the laws in California, he never asked Annie to sign a prenuptial agreement.  Annie was so busy having fun and planning the wedding, it never occurred to her that Danny had not asked her to enter into such an agreement.

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The Business of Divorce

March 31st, 2014

Most people know that the divorce rate is quite high, with the fastest growing demographic for divorce being Baby Boomers.  What many people may have not known is that last year, a report was issued by Babson and Baruch Colleges, which identified an exciting trend in the U.S. economy: entrepreneurship in the United States is at a 14- year high.  Logic therefore tells us that many entrepreneurs will divorce and will need to face the very difficult issue of the valuation and division of their business as part of a divorce.  It may be true that “hell [hath] no fury like a woman scorned,” meaning there is no force as powerful as an angry woman who feels she has been treated unfairly. With that analogy in mind, I invite you to meet the “scorned” entrepreneur who must face the valuation and division of his or her livelihood in a divorce.

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Grey Marriage + Grey Divorce = Elder Financial Abuse?

March 24th, 2014

The phenomenon of “grey divorce”- the term referring to the demographic trend of an increasing divorce rate for older (“grey haired”) couples – has been in the news since 2013, when Bowling Green State University in Ohio studied this growing movement. Many of these marriages are long term marriages (i.e., often in excess of 25 years); others are not long term, but the individuals are all over the age of 50.  But, that is grey divorce. What about “grey marriage”?

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The “Run-of-the-Mill” Divorce: The Myth and the Reality

March 17th, 2014

Just like there is no “run-of-the-mill” marriage, there is no “run-of-the-mill” divorce; both simply do not exist. Every marriage faces its own unique ebbs and flows, and various complex issues, including, but not limited to, children, in-laws, sex, and finances. The distinct features of any marriage also, in part, relates to the two personalities within the relationship.

On the other end of the spectrum, in the realm of divorce, individuals on the brink of, or in the midst of, a divorce also encounter unique matters that are anything but “run-of-the-mill”. The prevalence of certain characteristics and personality traits of the spouses, whether those characteristics are positive or negative, will be magnified and will play an intricate role in the divorce process.

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Protect Yourself from Big Brother: Technology & Family Law Litigation

March 10th, 2014

Divorce and child custody cases are often down-right nasty.   One or both individuals to the litigation are often desperate to destroy the other, whether it be emotionally or financially, or to cause damage to the other person’s reputation, going to extreme measures to do so. While on their quest of destruction, often, an individual is unaware that their tactics are illegal, but once the acts are committed, the damage to the other person may be irreparable.  It’s like any other crime: the behavior is illegal, for example murder, but once the murder is committed, no amount of court reprieve will revive the victim.

In family law, the crimes are often less obvious and occur in connection with technology.  The person engaging in the illegal activity may not realize he or she is actually committing a crime; and often, the victim does not know they are a victim, until the damage is done.

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Sense and Cents of Divorce

March 3rd, 2014

Few words in the English language can make people as uncomfortable as the term “divorce”. This is in part due to the fact that divorce marks the end of a relationship, and with that, significant emotional and familial ties; further, divorce also signifies a major financial shift.

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Does a Family Law Matter Need to Age Like a Good Wine?

February 24th, 2014

Wine is aged to potentially improve its quality and to become more palatable to the taster.  The length of time necessary to age a wine is influenced by many factors including grape variety, vintage, viticulture practices, wine region and winemaking style.  However, age the wine too much, and the wine may turn to vinegar. Similar concepts apply to a family law matter.

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Going for Gold in Family Law

February 18th, 2014

It’s the Winter Olympics, and everyone is abuzz about the winners and the losers, and the lucky few that get to take home gold, silver or bronze.  In the world of sports, there is a definitive winner and loser, whether as a result of the fastest time to cross the finish line or the judge’s scoring of an event.  However, when it comes to family law, in the case of a divorce or a custody determination between unmarried people, there is rarely a clear winner or a clear loser in litigation; rather, the results usually lend themselves to a lose-lose situation because the issues are so interrelated and complex. Thus, in family law, rather than looking for a “win” – or the gold medal – the question should really be reframed from “How can I win?” to “How do I achieve the best result knowing the unintended consequences which may result?”

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2014 New Family Laws

February 10th, 2014

Some years, family law is chock full of new laws both from the courts and from the legislature. But, not this year; 2013 was more of a blip than a bang for family law. Here are some of the highlights of the more interesting developments in family law:

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Marlo says...
“A great way to help alleviate your concerns is to learn more about the process. Reviewing this information could also help you develop questions you hadn’t thought of before.”