FOR most families, their 401K retirement plan from work is the second largest asset an average family holds (second only to their family residence). How is this treated in a divorce proceeding in California which is a community property state? It depends on how it is characterized whether separate property, community property, or part separate…
A POSTNUPTIAL agreement is a contract between you and your spouse entered into after you get married resolving issues in your marriage. It is similar to a prenuptial agreement except it occurs after your marriage. For couples that get married without a prenuptial agreement, it is not too late to have an agreement dealing with…
AN action under the DVPA (Domestic Violence Protection Act) seeking a restraining order often is necessary to protect parties from abuse or domestic violence perpetrated by the other spouse or significant other. At times, it is effective in preventing harm to one of the parties. At the same time, this process is sometimes…
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. …
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 are…
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…
MANY people try to file and open their own divorce case without an attorney in an effort to save on legal fees. Often, the self-represented divorce litigant would seek the assistance of the court facilitator’s office in preparing the papers to open their own divorce case. However once the divorce case is opened, many…
AN action under the DVPA (Domestic Violence Protection Act) seeking a restraining order often is necessary to protect parties from abuse or domestic violence perpetrated by the other spouse or significant other. At times, it is effective in preventing harm to one of the parties. At the same time, this process is sometimes…
THE Tax Cuts and Jobs Act, which was recently enacted into law, impact various issues in a divorce case. These changes are effective beginning 2018 through 2025. Spousal Support. Spousal Support will no longer be deductible by the paying spouse and will not be taxable income to the supported spouse for post 2017 divorce judgments…
AN action under the DVPA (Domestic Violence Protection Act) seeking a restraining order often is necessary to protect parties from abuse or domestic violence perpetrated by the other spouse or significant other. At times, it is effective in preventing harm to one of the parties. At the same time, this process is sometimes…
“ Other expenses associated with the property are not considered in the calculation such as mortgage interest, taxes, and insurance. In essence, the real property would accumulate both a separate property and a community separation.” GENERALLY, in California, property acquired by a spouse prior to marriage is considered separate property under family code section 770…
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…
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…
“If the trust is funded with all your assets, it is possible to administer and distribute the trust assets without any Court involvement at all .” 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…
AN action under the DVPA (Domestic Violence Protection Act) seeking a restraining order often is necessary to protect parties from abuse or domestic violence perpetrated by the other spouse or significant other. At times, it is effective in preventing harm to one of the parties. At the same time, this process is sometimes…
“ The requirement of a finding by the court shall also be satisfied if any court, whether that court hears or has heard the child custody proceedings or not, has made a finding pursuant to subdivision a based on conduct occurring within the previous five years.” AN action under the DVPA (Domestic Violence Protection Act)…
“The assets distributed to each beneficiaries does not have to be equal.” 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….
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…
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…
“ Fam. Code, 3651, provides that, with certain exceptions, a support order may not be modified or terminated as to an amount that accrued before the date of the filing of the notice of motion or order to show cause to modify or terminate.” IN the case of In re Marriage of Wilson, the Mother…
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…
“ Under both the Uniform Premarital Agreement Act and prior law, the spouse claiming the agreement is invalid or not enforceable bears the burden of proof on that allegation.” 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…
ON January 9, 2019, Jeff and MacKenzie Bezos jointly made a statement in Jeff’s twitter account that they are getting a divorce. As many people know, Jeff Bezos is the founder of Amazon which today is the largest publicly traded company by market cap at $809 billion as of January 10, 2019. When Jeff and…
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…
“ This means you retain control of all your assets the same way as if you never had a trust. For revocable trusts, you can later on, at any time during your lifetime, revoke the entire trust if you change your mind.” THINKING about one’s demise is not something people want to spend time thinking…
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…
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…
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…
