Division Of Assets & Debts

California Court Discusses Validity of Marital Settlement Agreements

December 14, 2022 | by Roy M. Doppelt

Parties to divorce actions have the right to resolve disputed issues such as child support, spousal support, and property division without a Court’s involvement. Typically, they will memorialize their understanding via a settlement agreement. Such agreements are binding and will typically be upheld by the Court, regardless of whether a party subsequently attempts to challenge the terms of the agreement. This was demonstrated recently when a California Court rejected a wife’s argument that a marital settlement agreement should be set aside. If you or your spouse want a divorce, it is in your best interest to retain an experienced San Diego divorce attorney to help you understand and protect your rights.

Background of the Case

It is reported that the husband and the wife married in 2008. They had three children during their marriage. They separated in September of 2018, and the wife filed a divorce action later that year. The parties then filed preliminary income and expense declarations and disclosures. In August 2020, the parties participated in a voluntary settlement conference during which they were represented by their attorneys. They each had forensic accountants present as well. Following the conference, they developed a marital settlement agreement that resolved issues of spousal support, child support, and property division.

Allegedly, the agreement contained provisions noting that it was binding and subject to enforcement under the California Code of Civil Procedure. It also stated that if either party refused to sign the agreement, the other party could request the Court to issue a judgment based on the terms of the agreement. The wife subsequently refused to sign the agreement. The husband moved to enforce the agreement, and the Court ultimately entered a judgment of dissolution of marriage based on the terms of the agreement. The wife appealed. Continue reading

California Court Discusses Separate Versus Community Property in Divorce

November 28, 2021 | by Roy M. Doppelt

Under California law, any property acquired during the marriage is deemed community property, which means each spouse owns it equally. There are some acts that can change the character of a property, however, and people with separate assets must be mindful of behavior that may impact their property rights. Recently, a California court set forth a ruling discussing how and when the nature of a property is defined and how to assess whether transmutation occurred. If you are considering ending your marriage, it is smart to speak to a knowledgeable San Diego divorce attorney regarding your rights.

Factual Background of the Case

It is reported that the husband bought a house before he got married. When the couple wed, the husband had paid off the mortgage for the home. Additionally, he had a retirement account he paid into before the marriage. He did not contribute any money to the account after the wedding, however. The couple resided in the house the man purchased for a number of years after they married and then decided to move to a second home.

Allegedly, the husband kept the first house after the move. He obtained a loan for the second home that was solely in his name and took money out of his retirement account for the down payment. Both the application for the loan and the deed to the house stated that the house was granted to the husband as his sole and separate property. The husband ultimately sold the first home and used the money from the sale to pay for the second home. The wife filed for divorce, and one of the main sources of contention during the divorce proceedings was whether the second home was the husband’s separate property, community property, or a combination of both. The Court determined that it was community property, and the husband appealed. Continue reading

Attorneys Specify Mistakes to Avoid in Divorce in San Diego 2020 – Hear It from Experts

April 15, 2020 | by Roy M. Doppelt

As we know, each case is unique, but there’s always a right and a wrong way to go about divorce or separation. There are several things that both you and your partner can or should do in order to make the procedure go as easily as possible.

Unfortunately, throughout our years of experience in dealing with divorce proceedings, we have encountered a number of couples that were unintentionally or intentionally committing some common mistakes that hindered the process of divorce.

In this post, you’ll get informative guidelines regarding common mistakes to avoid:

Facts Surrounding Military Divorce in San Diego – From Divorce Lawyers of 2020

April 13, 2020 | by Roy M. Doppelt

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Out of all types of divorces, military divorces are the ones that are open to a higher number of complications. Military marriages are similar to the civilian divorces, however, there are a number of important differences that service members and their spouse will need to know.

The added complexities in military divorce make the process more stressful than the average divorce. If you have been serving in the military and are considering divorce, there is information you need to know. Military divorces do have similar matters such as spousal support, child custody and support, asset division, and debt division; however, there are other issues in a military divorce that are not part of a civilian divorce.

Attorney’s Specify Do’s of a Divorce – San Diego 2020

January 7, 2020 | by Roy M. Doppelt

Divorce or separations are the most difficult phase for the entire family, especially for the couple who is going through with such a stressful, confusing, emotional, as well as painful event. Things get worst when one spouse wants to stay married; on the other hand, one wants to file for divorce, and that’s sense like deep treachery. You may be upset, mad, and hurt, or you may even feel like your partner is making outrageous or unreasonable demands. In that situation, a person can easily lose control. But it is better to stay calm and try to be practical.

Here are some expert attorney’s specify do’s of a divorce while you are going through a divorce.

What are the Do’s of Divorce?

Chris Pratt & Anna Faris’ Unusually Amicable Divorce

November 15, 2018 | by Roy M. Doppelt

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.

Rudy Giuliani’s Tumultuous Divorce

November 13, 2018 | by Roy M. Doppelt

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.

Most Expensive Celebrity Divorces

November 2, 2018 | by Roy M. Doppelt

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.

Who gets the Pet in a Divorce?

October 22, 2018 | by Roy M. Doppelt

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.

Omitted Community Property Debts and Reimbursement in California

March 21, 2017 | by Roy M. Doppelt

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.