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.” …

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

“ 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…

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…

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…

“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…

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…

“ 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…

“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…

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…

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…

“ 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…

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…

“ 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…

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…

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…

“ 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…

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…

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…

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…