YOUR SPOUSE ISN’T YOUR “EX” UNLESS THE JUDGE SAYS SO

Today we received an inquiry from someone who wanted help probating her father’s estate. She said that his “ex-wife” had released her interest in the home several years ago before she disappeared, and by the way, although a divorce was filed, it had never been completed. It was apparent that she believed that the “ex” wasn’t entitled to anything. We told her to go see an attorney.
Unless you have a divorce judgment terminating your marriage, you’re still married. Generally, a living spouse can inherit from a deceased spouse’s estate even if they’ve been legally separated for a long time. Even […]

By |Divorce|
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It’s Called The Grey Divorce

The first years of my business saw very few dissolutions of long terms marriages (over 10 years in length). I had a few couples who quietly dissolved their marriages for no other reason than an illness was bankrupting them and they couldn’t afford the costs of their health care. A divorce would allow the sick spouse to qualify for Medi-Cal and get the treatment they needed without total financial ruin. These people were ashamed and had no plans of telling their children what they were doing. In their hearts, they were still married.
About 10 years ago, I began to see […]

By |Divorce|
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Grandparents Have Rights, Right?

The current rate of divorce, the escalating rate of domestic violence, alcoholism and substance abuse in our society has done much to diminish the traditional family. Not only does the timeshare with the minor children become a major point of contention between the parents, but it can be for grandparents as well. Without proactive measures, they can easily become alienated from their grandchildren after other circumstances also, such as the death of a parent. But grandparents have rights too, right?
Yes and No. In 2001 a California Court of Appeals ruled the California statute providing grandparent visitation unconstitutional. But sometimes grandparents […]

By |Custody & Visitation|
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One More Reason To Keep Family Law Disputes Out of the Courtroom

When I started helping consumers prepare their legal documents for divorce in 1996, between 50-55% of family law litigants were self-represented. There were no family law assistance centers or facilitators at the court to help people get through the process on their own. Legal Document Assistants, formerly known as Independent Paralegals were mostly part of a cottage industry plagued by unscrupulous fly-by-nights. And Robert  Shapiro hadn’t yet created Legal Zoom.
Fast forward to 2011 where legal document assistants, have been legitimized for over 10 years. The new laws have helped to rid the legal marketplace of many, but not all non-attorney […]

By |Custody & Visitation, Legal Document Assistants|
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Financial Expert Gives Excellent Advice for Messy Divorces

“Modern divorce is not about who acts the worst or who slept where. It’s about the money. Both spouse’s income and assets are — or should be — on the table. But couples don’t always know a lot about each other’s finances, or where to look. They might not even realize how much less they’re worth, due to the squeeze on incomes and the housing depression.
Divorce rates fall during hard times because couples can’t afford the split. But for people quitting anyway, the struggle ramps up. Here are 10 tips for getting the most out of a diminished marital pot:
1. […]

By |Divorce, Property Division, Property Transfers|
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