Levine Family Law Group | Divorce Attorneys | Oakland • Emeryville • Berkeley
Bay Area Divorce & Family Law
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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We’ve compiled some of the most important statutes and laws that pertain to California Divorce. While there are many more that may be at issue in your separation, we thought this would be a great primer. We will definitely follow up with a ‘Part 2’ of this article soon! 1. Spousal Support (Family Code Section 4320): While pre judgment spousal support is generally calculated using a formula, long term spousal support is determined by review of various factors. Some of the …
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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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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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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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In short, Qualified Domestic Relations Orders (QDRO’s) are often used in a divorce proceeding to serve two functions: – divide retirement benefits earned during marriage and/or a registered domestic partnership; and – allow payment of child or spousal support from an employee’s retirement benefits. What is a QDRO? A QDRO, as stated above, is a Qualified Domestic Relations Order. To be deemed “Qualified”, the domestic relations order must recognize the right of a non employee spouse to receive all or …
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Hopefully, you’re never in a situation where you believe that your spouse has failed to disclose marital assets in your divorce proceedings. Unfortunately, there are times when one party to the divorce or domestic partnership dissolution has taken active steps to conceal money or property in an effort to preserve what they consider to be their own money and keep their former partner from gaining a share in it. Courts have uniformly held that willfully concealing assets from a spouse …
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We’ve resolved all issues but I don’t know what to do next? Even uncontested divorces can be tricky to finalize when you are not an experienced divorce attorney. In California, if you and your spouse have agreed on all issues (child custody, child support, spousal support, property & debt division and attorney fees), you can proceed by a process called ‘default’ which allows you to finalize your divorce without the other party filing all of the mandatory forms and without …
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Between the time the divorce petition is filed and the final entry of judgment, parties are under the purview of the Family Court System. This allows parties to request their family law judge make certain orders. It also means that the parties are bound by certain rules of engagement. These rules of engagement are largely designed to protect each party’s ability to fairly litigate or negotiate the custody, support, and property division issues within their case. The first set of …
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‘We settled!’ I love hearing those words — especially when they are followed by ‘Great Result!’ These days lawyers need to get creative. We need to think ‘outside the box’ and tailor our legal services to the financial and emotional needs of our client. Savvy Family Law clients have found access to free or low cost online resources such as online case forms, chat rooms and support groups, laws and codes, and local court procedure. One of the first things …
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