Common Family Law Acronyms

Many clients and attorneys are shocked by the number of acronyms used in family law. Here is a list of the common family law acronyms used in San Francisco Bay Area Family Law custody and divorce cases.

ATRO: Automatic Temporary Restraining Order

DCSS:  Department of Child Support Services

DOM:  Date of Marriage

DOS:   Date of Separation

DVRO:  Domestic Violence Restraining Order

EPO:  Emergency Protective Order

I&E:  Income and Expense Declarations

MSA:  Marital Settlement Agreement

MSOL:  Marital Standard of Living

PDD:  Preliminary Declaration of Disclosure

QDRO:  Qualified Domestic Relations Order

RFO: Request for Order

SAD: Schedule of Assets and Debts

TRO: Temporary Restraining Order

UCCJEA:  Uniform Child Custody Jurisdiction and Enforcement Act

UPA: Uniform Parentage Ac

How much will my divorce cost?

The cost of divorce depends on which approach you take.  Keep in mind that just because an approach is cheaper does not mean it is the best fit for your family.

$ DIY Divorce

Doing it yourself is the cheapest way to divorce. You can probably get away with a do-it-yourself divorce and pay only the filing fees you have been married for a very short time, have no children, do not own any real property, and have very few assets and no debt. Typical costs are $500 per couple.  

$$ Mediated Divorce

Mediators charge an average of $300 per hour, per couple. If you and your spouse have only a few issues to hammer out, you may need only one or two mediation sessions, however, my experience has been that most couples need at least 3 sessions. Couples with more complicated issues such as a small business or children will need more time with their mediator. Typical costs are $2,500 to $5,000 per couple.

$$$ Collaborative Divorce

Collaborative Divorce is cheaper than a traditional litigated divorce and the collaborative divorce still includes two attorneys and allied team professionals. Typical costs are $15,000 to $25,000 per couple.

$$$ Litigated Divorce

Generally, a litigated divorce is very expensive. The average adversarial divorce in the U.S. costs between $10,000 and $30,000 per couple.  Couples with high levels of conflict will see the costs rise because you must pay for each attorney to prepare for the initial hearings, conduct a formal discovery process, attend meetings with the other lawyers, gather expert opinions, draw up a settlement and come to a formal agreement.  

You can contact me at Amanda@gordonfamilylaw.com for more information.

Post Divorce Checklist

Did you get divorced recently? Once all the dust has settled, here is a checklist of items to help you separate your financial affairs.

Bank and Investment Accounts
Open individual checking and savings accounts and be sure to close any remaining joint accounts, other than any designated children’s expense accounts
If assets are being transferred from a joint account to a separate account, be sure the company handles them as in-kind transfers when needed to avoid any unexpected tax consequences.

Property
Transfer ownership on all real estate deeds and be sure they are recorded at the appropriate county recorder office.

Complete any refinancing or mortgage assumptions necessary.
Transfer ownership and registration for any automobiles, boats, etc. and be sure they are recorded with the appropriate DMV office.
Be sure any auto loans, etc. are refinanced as needed.
 

Retirement Accounts
Review and update the beneficiary designations on all of your retirement and pension accounts. If there are retirement accounts to be transferred, provide the custodian with a copy of the settlement in order to get them processed. And if a QDRO is required to split a qualified retirement account, confirm that the plan administrator has accepted it and that it has been filed with the court.

Debts
Open individual credit card accounts.
If necessary, transfer any credit card/loan balances into your own name and then close joint accounts.

Insurance
If health insurance plans will change, obtain COBRA coverage or start a new individual policy.
Update any homeowners, umbrella, auto, etc., insurance policies.
If appropriate, obtain a life and/or disability insurance policy on the payor of child or spousal support to protect income should the payor die.  The recipient of support should be both owner and beneficiary, and should control payment of premiums.
 

Estate Planning
Review and update your will and/or trust, and be sure to designate guardians for your children if necessary.
Update any health care proxy and power of attorney documents.

Taxes
If in your settlement, complete IRS form 8332 in order to transfer child dependency exemptions to the non-custodial parent.
Review your tax withholding allowances and determine if any estimated quarterly payments might be necessary.

You can contact me at Amanda@gordonfamilylaw.com for more information.

Divorcing? Here are the legal documents you need.

Divorce can be incredibly stressful. Whether you are ending a short-term marriage without children or separating after a 20-year marriage with three kids, many families don’t know where to start when it comes to the documents you will need to file for divorce.
Every State has different procedural rules when it comes to divorce. Some of the information in this blog post may not apply to your State or County, and you should visit your local County’s and State’s websites to find more information and determine the specific legal procedure.
Many divorcing families are surprised to learn that most Counties have family law self-help centers that help families learn about which legal forms are required to start the process. This can be a great place to start, but most of these offices can’t give you legal advice on how to fill out the forms.

Here are some non-state specific Agreements that you will need in your divorce:
Marital Agreement: This document outlines:

how you will divide the assets and debts in your marriage,

any spousal support payments,

any child custody terms such as legal and physical custody or visitation, and

any child support terms.

This document can be very important for future questions and should serve as a guide or plan for your family as you dissolve your marriage.

Child Custody Agreement: A child custody agreement outlines primary parenting responsibility for the children and how medical and educational decisions will be made. This Agreement can be written before you hire lawyers or go to Court and can include topics like:

specific schedules,

overnight care of children by a non-parent,

communication with children by phone, text, or email,

who is responsible for paying for transportation costs, school costs, and medical appointments,

conditions for travel outside of the state,

who will take the tax exemption and credit, and

how children will spend the holidays.

A good rule of thumb is the more conflict, the more specific the agreement should be.

Tax Returns: At some point in the divorce process, you will need your tax returns. It’s a good idea to have at least the last two years of tax returns, because the Court, your attorney, or your spouse will inevitably ask for a copy. If you don’t have them, you can get a transcript or copy of your tax returns from the IRS — you can find the instructions on their website ( https://www.irs.gov/uac/Newsroom/Request-a-Transcript-or-Copy-of-a-Prior-Year-Tax-Return ).

Other financial documents: Divorce is stressful — and the money issue is often the worst part. As hard as it may feel, it’s very important to have a good understanding of your finances before and during the divorce process. You will want to know, for example, whether you have life insurance and who is the beneficiary is, what retirement accounts you own, and what the balance on your mortgage is. You should also have a copy of your recent pay stubs and receipts for any major expenses related to your children. Having a clear picture of your finances, especially if there is a big gap between your finances and your soon to be ex’s can only help your case.

Last, while not a legal document, per se, I recommend that you get a new Calendar (online or paper). In the first few months of the divorce process, I believe it’s important to carve out some time for yourself on the calendar. The decision to dissolve your marriage inevitably creates many changes in your schedule, your children’s schedules, and your family’s time together. Even if finances are tight, you can schedule and reconnect with free activities you enjoy, like walking outside, gardening, hiking, and talking on the phone with friends.

You can contact me at Amanda@gordonfamilylaw.com for more information.

What is Nunc Pro Tunc?

Nunc pro tunc is a Latin expression, which means now for then. In general, a court ruling nunc pro tunc applies retroactively to correct an earlier ruling.

In California, the court has discretion in family law matters to order an entry of judgment nunc pro tunc, which makes the order relate back in time to when it should have been entered, to avoid injustice

When a judgment of dissolution was not entered through mistake, negligence, or inadvertence or was not entered as soon as it could have been, the court may order that it be deemed entered as of the date that it originally could have been entered. Family Code § 2346(a).

In order to ask the Court to enter your Judgment as nunc pro tunc, you should create a Declaration explaining to the court what date you want the nunc pro tunc to be effective.  A nunc pro tunc does not have anything to do with the filing, other than establishing the case.  The declaration should indicate the earliest date, for example, 6 months and 1 day from date of service/appearance of Respondent, that the Court had the jurisdiction to enter a termination of marriage order and then state what date you want it actually effective.  

For example if you served the other party on May 1, 2015 earliest date for termination of the marriage would be November 2, 2015 but it is now January 4, 2016 of the following year.  You can ask the Court to enter the judgment as 12-31 of the prior year and explain that you need the order because you have remarried and you need the tax advantages of single filing; or whatever else is the reason.

Here are some other examples: A judgment may be entered nunc pro tunc to a date prior to the death of a party even though (1) no subsequent marriage is involved and (2) a surviving spouse will be divested of rights by such entry of judgment. Waller v. Waller (1970) 3 CA 3d 456, 466.

However, a nunc pro tunc entry of judgment is not okay when it is sought solely to defeat the rights of the surviving spouse and will not preserve any significant rights to the decedent’s estate. Marrige of Frapwell (1975) 53 CA 3d 479, 485.

The court may grant nunc pro tunc entry of a judgment on its own motion or on that of a party to the action. Family Code §2346(b). 

In addition, anyone “whose rights are threatened by a delay which is not his fault” may apply for relief under the court’s authority to grant the remedy on its own motion.  This right has been extended to the putative spouse of one whose previous marriage was not finally terminated at the time of the subsequent marriage, to a child seeking to establish his or her legitimacy and the personal representative of a deceased party.

In no event, however, may a judgment obtained by a contested trial be deemed entered as of a date before the trial. Family Code §2346(d). 

If you are considering using the nunc pro tunc process, you should contact a family law attorney to make sure you are correctly following court procedure. Contact me at amanda@gordonfamilylaw.com for more information.