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Posted By Martinelli Law Group
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6-Mar-2015
The decision to get a divorce from your spouse is one of the most life-changing things you can ever decide to do. For many people, it is the pathway to a brighter future. But for others, divorce seems almost too final and definitive. If you are facing similar circumstances, a legal separation may be the best option for you. Legally separating from your spouse has numerous benefits that divorce ...
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Posted By Martinelli Law Group
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22-Jul-2014
Whether it be a petition for dissolution or a petition for legal separation, one of the most critical issues you must face from the onset is establishing the date of separation. I'll explain why; in California, community property is defined by the family code as follows: "Except as otherwise provided by statute, all property, real or personal, wherever situated, [and debts] acquired by a ...
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Posted By Kaitlyn Taylor
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18-Feb-2014
All too often, one of the divorcing parties in a marriage has primary (or sole) access to the martial financial resources. This presents problems for the spouse that does not have control to ensure that he or she has access to legal representation. Similarly, there are situations when a legal dispute is initiated regarding a Petition to Establish Custody, or a modification of support ( child or ...
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Posted By Eric Martinelli
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21-Jan-2014
The Process of Discovery In many divorce cases, you or your spouse may not know all the information that is needed to deal with or resolve many of the issues involved in your Dissolution proceeding. One of the tasks for an attorney and his or her client is to seek such information, e.g., to identify and place a value on the community assets and liabilities. Discovery is the legal term for ...
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Posted By Eric Martinelli
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15-Apr-2013
California Family Code section 1612 provides that parties to a premarital agreement (PMA) may contract with respect to the rights and obligations in property, choice of law, spousal support, and virtually every other issue, other than those deemed contrary to public policy or law (i.e., child support). Essentially, a PMA is nothing more than a written agreement between prospective spouses made in ...
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Posted By Eric Martinelli
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27-Feb-2013
Calculating California Guideline Child Support In order to create consistency with regard to child support awards, the Legislatures in California have created an algorithm that considers multiple variables in the overall calculation of child support. This algorithm is the heart of what is commonly referred to as the "Dissomaster", a computer program used by the Courts to calculate child ...
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Posted By Eric Martinelli
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14-Dec-2012
I often receive calls from people who are contemplating divorce or have just been served with a Petition for Dissolution. Invariably, the questions asked are how long will this process take, and how much does it cost. Frankly, there is no way to know because the answer to both questions depends entirely on the parties themselves. For instance, there are two paths to accomplish the ultimate goal of ...
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Posted By Eric Martinelli
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30-Nov-2012
I often receive calls from parties who were just served with divorce papers (formally referred to as the Petition for Dissolution). Needless to say, this can be a traumatic event when the receiving party is unaware of his or her spouse's desire to divorce. If you are served with a Petition for Dissolution, there are important issues that are triggered upon your receipt. For instance, upon ...
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Posted By Eric Martinelli
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30-Oct-2012
California Family Code section 3020(a) provides: " The Legislature finds and declares that it is the public policy of this state to assure that the health, safety, and welfare of children shall be the court's primary concern in determining the best interest of children when making any orders regarding the physical or legal custody or visitation of children… ; and (b) The ...
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Posted By Martinelli Law Group
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25-Oct-2012
Our office is always looking to provide the highest level of assistance we can for the individuals and families that we serve. Divorce is a complex issue and the emotional nature of these cases only adds to the complication. We look to give our clients relief in these cases, and find the end results that they are hoping for. We offer personalized and attentive representation to everyone we serve. ...
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Posted By The Martinelli Law Group
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17-Oct-2012
In the state of California, the model of community property is followed. This is the way that property will be divided up between a married couple that is seeking a divorce. Marital assets will be included and this typically involves anything that was gained by either party during the marriage, aside from personal gifts or inheritance. Some items can be counted as separate property and will not be ...
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Posted By Eric Martinelli
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12-Oct-2012
California Family Code section 910 provides: " Except as otherwise expressly provided by statute, the community estate is liable for a debt incurred by either spouse before or during marriage, regardless of which spouse has the management and control of the property and regardless of whether one or both spouses are parties to the debt or to a judgment for the debt." As I shared in a ...
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Posted By Eric Martinelli
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2-Oct-2012
California Family Code section 760 provides: " Except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property. " At dissolution, community property is divided equally between the spouses. This 50/50 split is presumptively correct and the courts will rarely ...
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Posted By The Martinelli Law Group
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1-Jun-2012
We are pleased to announce the launch of our new Santa Clarita Divorce Blog with an RSS feed located here.
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