Gordon Family Law believes that an informed client can make better choices, both financially and emotionally. You can see a complete list of every answered question at our Article Hub. If you have a question not answered, please email amanda@gordonfamilylaw.com. This Blog is not intended to be used as legal advice, please note that case law and statutes change over time and information on this website may not be current. While we hope you find this information helpful, it may not necessarily apply to your situation and we recommend that you speak to a family lawyer about your specific case.
Worried about your spouse making support payments?
/If your spouse is no longer employed, it may be challenging to collect spousal support. However, Bay Area family law attorneys will tell clients that the Court can order the supporting spouse to provide reasonable security for the payments they have been ordered to make. Family Code Section 4339. Reasonable security can include maintaining life insurance for the benefit of the supported spouse on the life of the payor in the form of a trust or annuity. Another option is that the court can order a lien of limited duration on a supporting spouse's separate property to secure the payment of spousal and child support.
Why does California have community property?
/Does community property seem crazy to you? Bay Area Family Lawyers may explain to their clients that Community Property dates back to 1849 when the California Constitution established a civil law based community property system under its Constitution. The Constitution stated: "All property, both real and personal, of the wife, owned or claimed by marriage, and that acquired afterwards by gift, devise, or descent, shall be her separate property; and laws shall be passed more clearly defining the rights of the wife, in relation as well to her separate property, as to that held in common with her husband. Laws shall also be passed providing for the registration of the wife's separate property. "
And 1850, California created law setting forth a community property system. Weird, right? Community Property law has undergone a lot of changes since 1850 - but the basic tenant remains the same. All property acquired during marriage - is community.
What is FL 117?
/FL 117 or the Notice of Acknowledgement of Receipt form is a family law judicial council form used to tell the Family Court that your spouse has received the Petition for dissolution and that your spouse is a aware that there is an ongoing divorce proceeding.
After you fill out the FL 117, you will also want to submit at FL 115 to Court.
The date the FL 117 form is signed by the recipient is the day used by the Courts to deem service as proper. On the FL 180 Form *Judgment* , you will use the date that FL 117 is signed as the entry for #3 or the date the Court acquired jurisdiction.
You can get a Divorce decree 6 months and 1 day after the FL 117 form is signed.
Do I have to make full statutorily required financial disclosures in mediation?
/Not necessarily, although it is best practice. Under Marriage of Woolsey, parties who agree to settle disputes by private mediation may also agree to make financial disclosures that do not meet the technical procedural disclosure requirements of Fam C §§2104 and 2105.
The Court found that "the parties to a dissolution are entitled to adopt other, more summary procedures for financial disclosure." The Court found that requiring technical compliance with disclosure rules would undermine the strong public policy of allowing parties to choose speedy and less costly avenues for resolving their disputes. This means that strict compliance with Fam C §§2104 and 2105 is not required for private mediations.