A Different View on Prenups

I may be the first lawyer to talk a potential client out of a prenuptial agreement. Potential client was about to marry her second husband. They both have significant property. Houses and bank accounts. I explained that property from before the marriage is her separate property and property accumulated during the marriage is community propertyContinue reading “A Different View on Prenups”

Temporary Spousal Maintenance

Family Court judges have a huge amount of discretion in ordering temporary spousal maintenance while the divorce is pending. Spousal maintenance in a final divorce decree is much more limited and can seem rare. Almost any agreement can potentially be better than what the judge may decide for temporary spousal maintenance. For example, if theContinue reading “Temporary Spousal Maintenance”

Mediation: When Your Family Law Matter Goes from Easy to Medium-Hard

The terms of some divorces are agreed to by the parties or  hashed out between the parties’ attorneys or at an informal settlement conference. When all of these strategies fail, the parties usually seek a trial date from the court at a pretrial conference. The Court sets the trial date at the conference, and setsContinue reading “Mediation: When Your Family Law Matter Goes from Easy to Medium-Hard”

Courtroom etiquette and behavior tips

-Don’t make faces, sighs, or sounds when your ex or his/her attorney speaks.-Don’t speak when anyone else is speaking.-Only speak if a lawyer or judge asks you a question.-Listen closely to the question, answer only that question, then stop speaking.-If opposing counsel asks you a yes or no question, answer yes or no and thenContinue reading “Courtroom etiquette and behavior tips”

Side Deals not Allowed in Child Support

As an attorney who handles child support cases, I am approached constantly by men who have a decree ordering them to pay a certain amount of child support, but claim an unwritten agreement with their ex to pay a lesser amount. (If ordered to pay child support, women could also fall into this trap, butContinue reading “Side Deals not Allowed in Child Support”