When are Attorney Fees “Awarded” in a Divorce Action?

It’s no secret that hiring an attorney is expensive. Even if you are using a lawyer on a ‘limited scope’ basis to help you only with strategy or to review and revise your forms, it is still a cost that you probably didn’t plan for. So when can you request that your spouse pay your fees? Conversely, will you be on the hook to pay some or all of your ex’s lawyer costs? While there are many ways fee requests …
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How to Keep Your Divorce Conversations Productive

First things first. If you want to negotiate an agreement with your spouse, you have to remember (and accept) the following principles: Be mindful that your purpose is to avoid arguing and to be as persuasive as possible. The communication issues you had during your marriage will not go away in separation. What does that mean? It means you need to manage your expectations and negotiation style or risk one or more of the following: constant arguing, bickering, flat out …
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10 Tips for Writing a Persuasive Family Law Declaration

A declaration is a written statement made under the penalty of perjury. If you are filing a “Request for Order” (or responding to a “Request for Order”) asking that the Judge enter orders providing you some type of temporary “relief”, you will need to attach a declaration explaining the basis for your request and the facts that support it. Examples of Request for Orders (RFOs) include (but are not limited to) requests for: An enforceable parenting plan Modification of an …
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12 Questions to Ask Yourself Before Hiring a Divorce (Legal) Coach

What is a Legal Coach? Depending on the complexity of your case and your financial circumstances, a legal coach may be a great way to obtain assistance with your Divorce or Domestic Partnership Dissolution. Legal coaches or consulting attorney’s (similar to LC’s but usually limited to advice, strategy and assistance with drafting documents vs. a LC who may also guide you through the process of represented yourself). can be a really great way to get you through your legal action without …
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Hello Divorce Launches, Bringing Divorce Online and On-Demand

You asked, We listened: DIY Divorce — With a little (flat fee) legal help along the way. Over the last several years, our family law practice has evolved, grown, transitioned and modernized. In so doing, we have been lucky enough to work with a unique clientele – The savvy, smart, curious client who is most interested in taking an active role in their matter to attain the best result possible — a strategic path primarily influenced by a cost/benefit analysis …
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Mandatory Financial Disclosures: In a Nut Shell

Mandatory Financial Disclosures: In a Nut Shell (Preliminary Declaration of Disclosures) By Shelley VanRenselaar, Paralegal & Case Manager In California, each party to a divorce is required to complete a set of mandatory documents entitled “Preliminary Declaration of Disclosures” prior to any Judge or Commissioner granting their divorce. These documents include an Income and Expense Declaration (FL-150), Schedule of Assets and Debts (FL-142), Declaration of Disclosure (FL-140), and a Declaration Regarding Service of Declaration of Disclosure and Income and Expense …
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The Urban Millennial Divorce

While Millennials have a much lower marriage rate than the generation before them, many still do tie the knot and some of them divorce. Perhaps because of our location (Emeryville, California) or maybe because of our ‘unbundled services’ (attorney involvement is limited), we have had a surprising number of Millennials (usually between 25 – 34 years old) approach us when uncoupling. Media outlets report on all the ways that millennials differ from the rest of us — but what about …
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Get Better Results in Court by Knowing your Judge

When preparing for court, it’s always important that you know the law and how it applies to the facts of your case. We are always preparing clients for their best and worst case scenarios before entering the courtroom. But managing your expectations about what the likely result be if you litigate your case is more than knowing the law or rules of evidence. Understanding your judge is a very big part of presenting your case in court. If you are …
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Child Support Frequently Asked Questions

Let’s face it. California’s child support laws are not intuitive. I find that much of Family Law is just about having good common sense – except for child support, that is. I mean, I get the most perplexed looks from clients who ask me why the child support the receive went down even after their ex spouse remarried a wealthy new spouse or why they have to pay more child support even though their net disposable income has gone down …
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Presenting Evidence in Family Court, Part 1

Most people (even some lawyers) don’t expect the Evidence Code to apply in family law — in the same way that we see it used in Criminal or Civil Law. The fact is, that it most often does. Even when we are in front of a judge who has a more informal approach (allows evidence to be considered without meeting all of the legal criteria), general knowledge of the rules of evidence can really help you to gain a legal …
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