Settling a Case: “Buyer’s Remorse?”

Buyer’s remorse in family law occurs when one party, after agreeing with the court’s findings, decides he or she was unhappy with the ruling. In this case, Susan, the respondent, moved for an order to set aside judgment based on her opinion that Kevin, the other party, provided false information in the Declaration of Disclosure.*…

How a Pre-Marital Agreement Protects Finances

Not every couple needs a prenup or pre-marital agreement. For example, two people getting married out of college who have not accumulated any real assets and never been married before, do not need a prenuptial agreement. On the other hand, couples getting married for the second or third time and who have children from previous…

Tracing: Why, When and How

Tracing usually becomes an issue when community and separate property funds have been commingled in the same account(s) and then an asset is purchased with funds from that account. The mere commingling of separate property moneys in a community bank account does not destroy the separate property character of the funds, so long as they…

Potential Consequences of Hiding the Ball

The fiduciary duty of each party involved in the dissolution of a marriage requires full disclosure of documents and information that are pertinent to their case without being requested. This obligation includes the distinct nature and valuation of all assets and debts in which the community has or could have an interest or for which…

Fiduciary Duty and Divorce

Cryptocurrency, Divorce and Fiduciary Duty

Many people hear the term “fiduciary duty” and think it only applies to business relationships. In fact, divorcing spouses owe a fiduciary duty to each other. This means they must deal with each other fairly in the division of their assets, even when the assets include cryptocurrency. The Meaning of “Fiduciary Duty” in a Divorce…