Blog Posts in Divorce

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  • In California dissolution cases, what formula should be used in valuing businesses acquired during the marriage? In IRMO Brooks (3/27/19) this issue was raised as it pertains to the appreciation of corporate stock from a business.
    In California dissolution cases, what formula should be used in valuing businesses acquired during the marriage? In IRMO Brooks (3/27/19) this issue was raised as it pertains to the appreciation of corporate stock from a business.

    In this case, the Sixth District affirmed the trial court’s use of the Van Camp formula to apportion the appreciation of stock during marriage. “Utilizing this approach, the court characterized the ...

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  • In California, does Spousal Support always terminate on the remarriage of the supported spouse?
    In California, does Spousal Support always terminate on the remarriage of the supported spouse?

    This issue was addressed in the recent case os IRMO Martin (3/11/19). In this case, the Fourth District reversed a San Bernardino County temporary judge’s order that the wife repay to ex-husband the ...

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  • Does an attorney’s request to set aside a default or order under CCP 473(b) guarantee thst the default or order will be set aside in a California Family Law action?
    Does an attorney’s request to set aside a default or order under CCP 473(b) guarantee thst the default or order will be set aside in a California Family Law action?

    This issue was raised in Darab N. Vs. Olivera (2/5/19). In this case, involving a petition to establish a parental relationship, the Respondent failed to timely file a Response to the petition. As a ...

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  • Can a party seek affirmative relief from the issues raised in the Request for Orders in California Family Law cases?
    Can a party seek affirmative relief from the issues raised in the Request for Orders in California Family Law cases?

    It is standard practice that, at a Request for Orders hearing that only issues raised in the moving parties’ Request for Orders may be responded to in the response an that no separate issues may be ...

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  • In a California dissolution action, does a debt need to be directly payable between spouses to be non-dischargable in bankruptcy?
    In a California dissolution action, does a debt need to be directly payable between spouses to be non-dischargable in bankruptcy?

    It is a standard rule that support orders as well as debts between spouses that are ste forth in a judgment for dissolution of marriage are non-dischargable in bankruptcy court. The principle behind ...

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  • If my spouse loses money in the stock market, can I recoup the money that was lost in a California divorce case?
    If my spouse loses money in the stock market, can I recoup the money that was lost in a California divorce case?

    Yes. A recent case , IRMO Kamgar (12-8-17), found that if one of the spouses in a marriage wants to trade stocks that they need to have previously disclosed it to their spouse as well. In this case, ...

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