When a couple divorces, certain kinds of community property assets, such as shared bank accounts, can be straightforward to divide. If they have built up a diversified portfolio that includes one or more rental properties, however, the question of how to fairly divide...
Michelle Hoover
Dividing Property in a Divorce Involving Domestic Abuse
As a no-fault divorce state, California does not require parties to provide justification for why they want to end their marriage—it is enough that at least one spouse feels the relationship is at an end. By the same token, in general, what each party did (or did not...
How Are Joint Loans and Mortgages Handled During Property Division?
In a community property state such as California, spouses are considered to have an equal right to the assets that have been accumulated during their marriage. Similarly, they also have an equal responsibility for any debts that have been incurred in that time. If a...
What Happens to Spousal Support Obligations if the Paying Spouse Becomes Disabled?
Though most people like to believe that the good health they enjoy will be something they can rely on, the truth is that anybody can become disabled at any time. Surviving a serious accident or illness is no guarantee that somebody will be capable of returning to...
Can Long-Term Disability Payments Be Garnished for Spousal Support?
When someone becomes seriously disabled, one of the most wrenching consequences can be an inability to work. Instead of being able to rely on their previous income, they may need to seek government benefits for long-term disability. These payments often come nowhere...
How to Prove Financial Hardship Due to Disability When Paying Spousal Support
Financial hardship due to disability through an accident, illness, or catastrophic event, such as a stroke, can impact spousal support payments. If the paying spouse becomes disabled, incurring high costs for medical care at the same time they are unable to work at...
In-Person vs. Remote Appearances Under New 2025 Rules in Santa Clara County
With the introduction of the 2025 rules regarding family court hearings in Santa Clara County, one of the key changes impacting many individuals is the option to attend hearings remotely via Zoom. While remote hearings have been a part of the court system in recent...
When Child Support Isn’t Enough: Addressing Disputes Over Mental Health Treatment Costs in Custody Cases
Parents who have a child with special needs or a mental illness know that the costs for providing effective therapy to support their mental well-being can be staggering. Even when health insurance coverage is available for appropriate services, co-pays and deductibles...
How a Child’s Mental Health Affects Custody Decisions: Ensuring the Best Care
When parents divorce, determining who gets custody of the child is a central area of focus, and is often a key point of disagreement. California values children maintaining strong relationships with both their parents after divorce, which is partially why joint...
How Courts Handle High-Conflict Custody Disputes When a Child Has Severe Mental Health Issues
In a high-conflict divorce, where every decision that must be made to legally separate a married couple’s future becomes a vicious battleground dragged out through endless court hearings, the stress and uncertainty weigh on everybody involved. The damaging effects can...