THERE is never the perfect time to think about who you would like to inherit from your estate in case you pass away or at least who among your closest friends (BFFs) and family members are even deserving of inheriting from your estate. In doing so, you should also think about which vehicle you plan…
There is never the perfect time to think about who you would like to inherit from your estate in case you pass away or at least who among your closest friends (BFFs) and family members are even deserving of inheriting from your estate. In doing so, you should also think about which vehicle you plan…
COUPLES get divorced for various reasons. California is a no fault state. The reasons why a couple is getting divorced are often irrelevant to the issues of the family law case. Divorce is often a difficult and negative experience for most families. However, getting divorce may have some unintended benefits in the immigration law arena. …
GENERALLY, you must have resided in California for at least six months in order to file a divorce in this case. Under Family Code Section 2320, a judgment of marriage dissolution (divorce) may not be entered unless one of the spouses has been a “resident” of California for six months and of the county where…
CERTAIN aliens are barred from adjusting to legal permanent residents by virtue of having entered the United States under the following conditions: Entering the US as an alien crewman (C-1 visa/ jumpship) Accepting unauthorized employment Entering the US without inspection (No I-94 or crossing the border without a visa) Remaining in the US past the…
CERTAIN aliens are barred from adjusting to legal permanent residents by virtue of having entered the United States under the following conditions: Entering the US as an alien crewman (C-1 visa/ jumpship) Accepting unauthorized employment Entering the US without inspection (No I-94 or crossing the border without a visa) Remaining in the US past the…
TO many people, the New Year signifies a chance to have a fresh beginning. People dispose of old personal items and clean out the closet in order to make room for the new. This is also the time of the year many people realize when a marriage is not working out and it may be…
TO many people, the New Year signifies a chance to have a fresh beginning. People dispose of old personal items and clean out the closet in order to make room for the new. This is also the time of the year many people realize when a marriage is not working out and it may be…
THE Immigration Marriage Fraud Amendments of 1986 (IMFA) requires an alien obtaining a green card through a marriage less than two years old to come back at the end of that two years with the petitioning spouse and show that they are still married or, if the marriage was terminated, to show that the marriage…
IN A divorce proceeding, people sometimes have a misconception that the only assets or properties that have to be disclosed are those situated in California. Even worse, sometimes parties even think that since an asset or property is situated in a different country or state, that property is not considered community property and not subject…
THE Immigration Marriage Fraud Amendments of 1986 (IMFA) requires an alien obtaining a green card through a marriage less than two years old to come back at the end of that two years with the petitioning spouse and show that they are still married or, if the marriage was terminated, to show that the marriage…
GENERALLY, you must have resided in California for at least six months in order to file a divorce in this case. Under Family Code Section 2320, a judgment of marriage dissolution (divorce) may not be entered unless one of the spouses has been a “resident” of California for six months and of the county where…
WHAT is the difference between a divorce and an annulment? Many people think these concepts are the same and interchangeable. There are many differences between the two concepts. A divorce ends a valid existing marriage. In a nullity, a determination is made about the validity of the marriage itself. When a marriage is annulled, it…
ALL property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in California is community property. Family Code 760. However, there are situations in which the marriage may be held to be null and void. These situations include, but are not limited to entering into a bigamous marriage, fraud…
THINKING about one’s demise is not something people want to spend time thinking about. However reality is that we all have to face this one day. It is just a matter of whether you depart this world prepared or unprepared. If you pass away with at least $150,000 in gross assets and you do not…
THE purpose of spousal support is not defined by the legislature in that its purpose varies according to the facts and circumstances of each case. The facts and circumstances of a particular case may be such which call for no spousal support, or for support for a very limited period of time, with the purpose…
GENERALLY, in California, property acquired by a spouse prior to marriage is considered separate property under family code section 770 while those acquired after marriage are considered community assets under family code section 760. How do you characterize real property purchased prior to marriage but with the mortgage principal paid down using community income or…
IN the absence of a premarital agreement, the general community property presumption under California family code section 760 controls which provides“….all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property.” Family Code 760. This becomes a problem if you are the spouse…
YOU and your spouse may have gone through a lengthy and contentious divorce proceeding. This is usually the most difficult period of a person’s life. Finally, time heals all pain. You and your spouse get tired of bickering and being mean to one another that you both decide to compromise each other positions and resolve…
IN the absence of a premarital agreement, the general community property presumption under California family code section 760 controls which provides “ ….all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property.” Family Code 760. This becomes a problem if you…
DIVORCED parties are sometimes ordered to pay child support and spousal support in the divorce judgment. The support orders are generally based on the parties’ financial situation and custody arrangements at the time of the settlement or trial. However, what if your income decreases after the divorce or what if your spouse’s income increases after…
IN the absence of a premarital agreement, the general community property presumption under California family code section 760 controls which provides “ ….all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property.” Family Code 760. This becomes a problem if you…
CERTAIN aliens are barred from adjusting to legal permanent residents by virtue of having entered the United States under the following conditions: Entering the US as an alien crewman (C-1 visa/ jumpship) Accepting unauthorized employment Entering the US without inspection (No I-94 or crossing the border without a visa) Remaining in the US past the…
IN a divorce proceeding, people sometimes have a misconception that the only assets or properties that have to disclose assets and properties situated in California. Even worst, sometimes parties even think that since an asset or property is situated in a different country or state, that property is not community property and not subject to…
THERE is a natural tendency among divorcing parties to hide their assets from their spouse and understate income. This is a common problem that I have observed from practicing law for many years. A common question I hear from clients is “my spouse doesn’t know I have an account in this bank, do I have…
ESTABLISHING parentage rights for Moms is a lot easier than establishing one for unmarried Dads. Moms can establish this by simply showing proof of her having given birth to the child. Family Code 7610. Establishing parentage rights, including custody and visitation rights, becomes more problematic with unmarried Dads because proving yourself as the biological father…
ONE traditional way of obtaining permanent residency for most immigrants is through a petition by a US citizen spouse. As a spouse of a US Citizen, an alien is considered an immediate relative and entitled to immediately apply for a green card inside the United States. This is usually done by simultaneously filing an I-130…
WHAT is the difference between a divorce and an annulment? Many people think these concepts are the same and interchangeable. There are many differences between the two concepts. A divorce ends a valid existing marriage. In a nullity, a determination is made about the validity of the marriage itself. When a marriage is annulled, it…
“The alien spouse will have to file a petition to remove the condition 3 months prior to the expiration of the conditional greencard which is good for 2 years.” ONE traditional way of obtaining permanent residency for most immigrants is through a petition by a US citizen spouse. As a spouse of a US Citizen,…
MOST couples that want out of a marriage in California usually file for Divorce. There are circumstances though that allow a couple to have their marriage “voided” rather than “dissolved.” There is a big difference between the two concepts. With a voided marriage, it restores the couple to status of unmarried person as if they…
