Can I take my child out of California during my divorce?

Marissa A. Oxman, Esq. When there is an open divorce case involving children, the Court puts a set of Automatic Temporary Restraining Orders (ATROs) in place.  One of the restraining orders says neither parent can take “any minor children out of the state or apply for a new or replacement passport without the written consent […]

Who gets the debt in a divorce?

By Marissa A. Oxman, Esq. There are two important considerations in dealing with debt in a divorce – (1) who gets the debt in the divorce decree and (2) whether the lender will honor the divorce decree. Spouses can always reach an agreement about who will receive debt in a divorce.  If they cannot reach […]

What is a “Date of Separation” and what does it mean?

By Marissa A. Oxman, Esq. The “Date of Separation” is legal-speak for the date the Court determines a marriage was over.  It is important because it is the cut-off point for community property (i.e., the date on which both spouses stop being entitled to each other’s new money). In California, the general rule is that […]