Articles Posted in Division Of Assets & Debts

You can trust The Law Office of Doppelt and Forney, APLC to assist you in your divorce, legal separation or paternity case. Our law office practices in all aspects of family law including child support, child custody and visitation, spousal support, attorney fees, and more.

We offer a free consultation where you are able to discuss your case with an experienced attorney. At the consultation, the attorney will provide you with legal analysis of your issues and provide you with techniques to help obtain your legal goals and protect your rights. If you were to hire our firm to represent you in your family law case, we are a full-service family law firm. We prepare the petition and summons and all the initial dissolution pleadings for filing with the San Diego Superior Court. We will assist with the mandatory preliminary declaration of disclosures including the schedule of assets and debts and income and expense declaration. We can prepare pleadings for a default with no agreement, a default with an agreement or an uncontested case as well as litigating as necessary. We can assist with emergency hearings [ex parte] as needed. We also prepare discovery including written interrogatories, production of documents, subpoena, deposition, request for admissions, request for inspections and others. If needed, we can also schedule a mandatory settlement conference as well as appearing for trial if this is necessary. Our firm assists with the preparation of all pleadings and court appearances as necessary including the family resolution conferences. We also handle post judgment motions including motions for modification of child and spousal support and the parenting plan as well as motions to set aside the judgment and enforcement of the judgment. We can assist with income withholding orders for wage garnishments. Call today to learn how we can help you.

Chris Pratt and Anna Faris show grace and respect for each other as their divorce settles.

The Law Office of Doppelt and Forney, APLC practices in all aspects of family law including divorce, legal separation and paternity. Call us to schedule your free consultation. At the consultation, we give a legal analysis of the issues with specific techniques and strategies to try and obtain client goals as well as protecting client’s rights.

If you retain our services, we are a full-service law firm. Leave all the confusing paperwork, filings and pleadings to us. We prepare the petition and summons and all the initial dissolution pleadings for filing with the San Diego Superior Court. We will assist with the mandatory preliminary declaration of disclosures including the schedule of assets and debts and income and expense declaration. We can assist with emergency hearings [ex parte] as needed. We also assist with motions for child custody, child visitation, spousal support, alimony, attorney fees, residence exclusion orders and others. We can prepare the marriage settlement agreement and judgment pleadings. We negotiate with opposing counsel and/or opposing party to try and settle case if at all possible. We represent clients in family law court in all of the court houses in San Diego County including downtown, Vista, Chula Vista and El Cajon. Our firm assists with the preparation of all pleadings and court appearances as necessary including the family resolution conferences. We can assist with income withholding orders for wage garnishments.

For Rudy Giuliani and Judith Giuliani, the third time is not the charm.

The San Diego divorce lawyers at The Law Offices of Doppelt and Forney, APLC are here to help you through your divorce, legal separation or paternity case.

At your free consultation, your attorney will listen to your concerns and provide you with techniques to help obtain your legal goals. We prepare the petition and summons and all the initial dissolution pleadings for filing with the San Diego Superior Court. We will assist with the mandatory preliminary declaration of disclosures including the schedule of assets and debts and income and expense declaration. We can prepare pleadings for a default with no agreement, a default with an agreement or an uncontested case as well as litigating as necessary. We assist with filing and proof of service. We can assist with emergency hearings [ex parte] as needed. We also handle post judgment motions including motions for modification of child and spousal support and the parenting plan as well as motions to set aside the judgment and enforcement of the judgment. We also assist with motions for child custody, child visitation, spousal support, alimony, attorney fees, residence exclusion orders and others. We negotiate with opposing counsel and/or opposing party to try and settle case if at all possible. We can prepare the marriage settlement agreement and judgment pleadings. Our firm assists with the preparation of all pleadings and court appearances as necessary including the family resolution conferences. We can assist with income withholding orders for wage garnishments. We can assist with referrals to experts including forensic CPA’s, child custody evaluators, court reporters, attorney service for filing, vocational evaluators, appeal attorneys as necessary, private Judges, Special Masters, Mediators, Appraisers and 730 Evaluators.

Contact us today to find out how we can help you through your family law case.

The Law Offices of Doppelt and Forney, APLC are here to help you in your divorce, legal separation or paternity case. We offer legal research, child support and spousal support calculations, preparation of forms and much more. Call us today to schedule a free consultation with one of our experienced attorneys. With over 50 years combined experience, you can count on us to aggressively fight for your best interest and protect your rights as a spouse or parent.

A new law in California just passed that changes how pet custody is handled in divorce cases.

Previously, in the eyes of the court, pets were considered “property” when it comes to splitting up assets in a divorce and the ownership of the pet was argued in this way.

A recent case before the Second Appellate District tasked that court with addressing an unusual case of reimbursement following the post-divorce sale of a couple’s marital home. The appeals court reversed a trial court’s order of reimbursement in favor of the wife because that trial court made several procedural errors, including improperly refusing to consider the husband’s argument that the wife unreasonably delayed in selling the home.

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In a case in which the couple has considerable assets, one of the bigger challenges can be dividing the community estate. In one divorce that involved a high-value community estate and allegations of hidden assets, the Sixth District Court of Appeal reversed a trial court’s order that divided the estate. The trial court’s division improperly gave the wife duplicative benefits regarding certain assets when the statute did not allow the wife to receive such benefits.

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If you are a follower of basic cable house “flipping” shows or of celebrity gossip, chances are you’re familiar with the stars of HGTV’s “Flip or Flop” show. The weekly show follows a married pair of highly successful house flippers from Orange County, who appeared on screen as a happy husband and wife with two children. In late 2016, though, the couple announced that they were separated, and in early 2017, the husband filed for divorce, according to an Orange County Register report.

Before the husband filed, though, some online sources claimed that executives at HGTV were demanding that the couple go back to holding out the appearance of a happy family, at least for the remainder of their TV contract, or else face a lawsuit for breach. While your impending divorce may not lead to litigation launched by a TV network, it still may involve many complex hurdles you must address if you and your spouse share a business together.

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When you go through a divorce process in California, there potentially are many things to address. One of these may be whether or not you and your spouse have any community property. Sometimes, the identification of the status of a property can be murky, especially if a community asset’s sale may not have been valid. In a recent case involving two apartment buildings sold using a forged deed, the courts were asked to decide whether the sale was valid. In this case, the Second District Court of Appeal ruled that the wife couldn’t challenge a forged deed because she had pro-actively taken many steps that blocked her from going back and arguing that the sale should be invalidated and the buildings deemed to be omitted community assets.

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When a couple goes through a divorce process in California, there are three types of assets they may have:  the first spouse’s separate property, the second spouse’s separate property, and community property. If the classification of each of your assets is completely black and white, agreeing on a division of property in your divorce may be relatively straightforward. But few things in life are ever all black and white. What happens if the couple took money from a community asset and invested it in improving an asset that was one of the spouses’ separate property? That was the issue recently before the Fifth District Court of Appeal, which decided that such a scenario gave the community a right of reimbursement, and that right, when not accounted for in the couple’s divorce judgment, gave the wife a valid cause for action under the statute governing unadjudicated assets.

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An old maxim familiar to those well-versed in the law says that “equity aids the vigilant, not those who slumber on their rights.” In a recently decided matter before the Fourth District Court of Appeal, this was, in some ways, literally true. A husband, who was initially self-represented, had received an unfavorable property distribution ruling in his divorce case after he slept through a hearing, leaving no one to argue his side of the case. He then spent a great deal of time and effort trying in vain to use other procedural bases to get a judge to re-decide the issues. However, since the courts had already fully litigated the topics he was trying to revisit, the courts ruled against him.

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