Richard Helzberg Family Law Blog

Each party’s income is an essential factor in determining both child support and spousal support. In California in a divorce, there are mandatory disclosures as to both income and expenses and assets and debts. Family Code § 2100 sets out both the requirement and the rationale for it - to preserve and protect assets, to ensure fair orders of child and... Read More

In a divorce/legal separation in California, the community property of the parties (also known as the "community estate" ) is equally divided. Family Code § 2550. The valuation date for assets and liabilities is, generally, as of the date of trial - but there are exceptions and an opportunity for a party to request an alternate valuation date. Family Code § 2552. There are exceptions where the parties agree otherwise.... Read More

Naturally, anyone with a spousal support obligation wants to know the duration- just how long do I have to pay spousal support? Spousal support paid during the divorce process is temporary spousal support; at judgment it is termed permanent spousal support. Let’s begin with the purpose of temporary spousal support as defined by the highly-regarded Court of Appeal bench officer, Justice King (ret.), in Marriage of Burlini (1983) 143... Read More

A Marital Settlement Agreement ("MSA") in a divorce is a binding contract between you and your spouse resolving the outstanding issues in your case and, when attached to the judgment, is incorporated into the judgment.

However: a lot has to happen before there can be an MSA. Preliminary disclosure is required- two different documents: (1) an income and expense declaration, which is your statement under oath as to how much you earn... Read More

"This divorce process is taking so much longer than I wanted. I want to move on, I want to be divorced- what can you do?" There is something we can do, we can get the status of your marriage terminated so you are divorced. The process is to bifurcate the issue of the status of the marriage, split it off to be determined now, not later. The rest of the issues are reserved, meaning unaffected, but once completed- you are... Read More