7 July By Webmaster | mendasweed

Division of Assets in a Divorce: Why Consulting an Attorney is in Your Best Interests

division-of-assets
  When you divorce, state law requires you and your partner to divide the marital assets in a manner that is reasonable and acceptable to both parties.  In the best case, both parties will cooperate and be fair about the division of assets.  In the worst case, one or both parties may contest particular assets, claim an asset is separate property, or hide assets. Whether you and your spouse have a contentious or amicable relationship,…
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7 July By Webmaster | mendasweed

Preparing for Life After Divorce

Opening to the new day
  Divorce is one of the most stressful events in a person’s life.  Whether you wanted the marriage to end or not, you are most likely going to experience an entire gamut of emotions. The thought of ending ties with someone you thought you were going to spend your life with is something with which you must come to terms. Divorce Considerations with Children If you and your ex-partner have children, you may undergo an…
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4 June By Webmaster | mendasweed

Is a Private Judge the Way to Go?

judge or lawyer working with agreement in courtroom theme. justice and law concept with judge's gavel on wooden table with law books
  A question which is often not considered in divorce cases is whether you should continue to have the public family court system preside over your case, or if your case is better suited for a private judge. Private Judges are often used in high asset dissolution cases; however, this is only the only case when a private judge is used.  Below are some things which are worth considering in determining whether a private judge…
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4 June By Webmaster | mendasweed

Got a lot of assets? Here are 3 things to consider for a High Asset Divorce.

high asset divorce
  Regardless of your opinions about divorce, the common consensus is that a divorce is expensive.  The cost of a divorce can be increased for a community estate which has high income earner(s), and/or significant assets. At times in high asset cases, some or much of a spouse’s wealth was acquired before the marriage.  It is not uncommon for the disposition of these assets to be controlled by a premarital agreement, or pre-nup as it…
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30 April By Webmaster | mendasweed

Your Spousal Duties and Responsibilities DO NOT END at filing

  The California Family Code enforces fiduciary duties on divorcing spouses.  Anyone involved in a dissolution of marriage, legal separation or modification needs to familiarize themselves with these duties. The fiduciary duties require disclosure of any facts which are material to the case.   Spouses, even in divorce or legal separation, are “subject to the general rules governing fiduciary relationships which control the actions of persons occupying confidential relations with each other,” which “imposes a duty…
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23 April By Webmaster | mendasweed

Filing for Divorce? Be aware of Automatic Temporary Restraining Orders (ATRO’s)

gavel with sound block on bookshelf in library background
  Upon filing for a divorce in California, Automatic Temporary Restraining Orders (often referred to as “ATROS”) kick in.  You will see these on Page 2 of your Summons.  These restraining orders are mutual and become effective on the Respondent upon service of the initial dissolution paperwork.  ATROS remain in place until the final dissolution Judgment is entered, a Petition for Dissolution is dismissed, and the Court orders termination. ATROS prohibit BOTH parties from: Removing…
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11 April By Lisa Mendes | mendasweed

“Say WATT?!” So you want to stay in the house…

broken family after a bitter divorce settlement and separation with a couple in a bad
  The comment I often hear from many of my divorce clients is, “Well, I want to stay in the house.”  This is completely understandable-it is where your kids are comfortable, it is where you are comfortable, you don’t want to relocate yourself, your kids, etc., during the stressful time.  It is just one more thing to worry about.  Trust me, I get it.  Moving is right up there with divorce for being one of…
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2 April By Lisa Mendes | mendasweed

You Can’t Handle the Truth: Divorce Mediation, can you really handle it?

A Few Good Men - You can't handle the truth
  Many clients come in seeking an initial consult and mention possibly engaging in divorce mediation with their spouse.  Divorce mediation can be a productive process, and if both parties truly participate, it can save a very substantial amount in legal fees.  The caveat is that both parties must truly participate. What does this mean?  You must leave selfishness and ego at the door.  There are a select amount of cases which can successfully complete…
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26 March By Christina Weed | mendasweed

The End of the Spousal Support Silver Lining: The New Tax Laws and What They Mean for Your Spousal Support

divorcing couple
If you are planning to get a divorce, and you are worried about your spousal support you may want to consider racing to the courthouse.  It is likely that among friendly discussions at the neighbors’ backyard BBQ, you have swapped stories about someone who is paying spousal support and deducting it at the end of the year; however, Trump’s new tax plan will drastically transform the divorce process and the concept of spousal support. California divorce cases…
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16 November By Lisa Mendes | mendasweed

Division of Assets in a Divorce: Why Consulting a Family Law Attorney is in Your Best Interest

division of assets
  When you divorce, state law requires you and your partner to divide the marital assets in a manner that is reasonable and acceptable to both parties.  In the best case, both parties will cooperate and be fair about the division of assets.  In the worst case, one or both parties may contest particular assets, claim an asset is separate property, or hide assets. Whether you and your spouse have a contentious or amicable relationship,…
Read more