CONSIDER this common factual situation.  You are over 21 years old and your U.S. citizen parent petitions you while you are inside the United States.  Since this is a preference category, you have to wait many years for your priority date to be current. As the years go by, your petitioning parent dies which in…

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…

CONSIDER this common factual situation.  You are over 21 years old and your US citizen parent petitions you while you are inside the United States.  Since this is a preference category, you have to wait many years for your priority date to be current. As the years go by, your petitioning parent dies which in…

“For example, the court may order support for that period of time required for the supported spouse to obtain or complete an education, to allow the supported spouse to take care of the children until they reach an age where a return to employment would be more feasible, or to become self-supporting within a reasonable time.” THE purpose…

FOR most people, being served with divorce papers by your spouse is probably one of the biggest surprises in your life.  The spouse in the receiving end of the divorce sometimes are not offered any explanation for the divorce petition by their spouse.  You may start getting upset about how this can happen to you…

INTERNET and social media has become a way of life these days.  Almost everyone these day have Facebook, Instagram, Tweeter, etc. as part of their daily lives.  These media are used frequent as people used to use land lines and TV.  However if you have a pending divorce case or are contemplating filing for divorce,…

YOU own a successful business, as a sole proprietor, prior to marriage.  You later meet the love of your life and decide to marry her.  Years into the marriage, you decide to incorporate the business.  A common question when the couple later divorces becomes 1) did your separate property business become community property by virtue…

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 of the most emotional aspect of a marital dissolution case is dealing with Child custody issues.  Sadly enough, this is an area where most parents play games with each other trying their best to deprive the other parents of their right to maintain relationship with their child.  Child custody comes in two parts, 1)…

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…

“Other expenses associated with the property are not considered in the calculation such as mortgage interest, taxes and insurance.” GENERALLY, in California, when buying and selling property online the 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…

Internet and social media has become a way of life these days.  Almost everyone these day have Facebook, Instagram, Tweeter, etc. as part of their daily lives.  These media are used frequent as people used to use land lines and TV.  However if you have a pending divorce case or are contemplating filing for divorce,…

INTERNET and social media has become a way of life these days. Almost everyone these day have Facebook, Instagram, Tweeter, etc. as part of their daily lives. These media are used frequent as people used to use land lines and TV. However if you have a pending divorce case or are contemplating filing for divorce,…

CAREGIVERS are presumptively disqualified from being named as beneficiary of a patient’s Will or Trust.  Probate Code Section 21350, subdivision (a) provides: “Except as provided in Section 21351, no provision, or provisions, of any instrument shall be valid to make any donative transfer to any of the following: ……  (6) A care custodian of a…

COUPLES have different spending habits and different philosophy in handling marital finances.  Some spouses are conservative in managing their finances and stick with a budget while other spouses do not even set budgets.  What is your exposure if your spouse is a shop-a-holic and runs though his/her credit card like there is no tomorrow?  What…

“You only need to provide your spouse notice that you filed a divorce by personally serving your spouse the divorce petition and summons.”  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…

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…

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…

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…

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. his becomes a problem if you are the spouse that…

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. …

BENEFICIARY spouse of marriage based immigrant petition’s where the marriage was less than 2 years old at the time of the immigrant visa or status was approved are issued a 2 year conditional green card.  In order for these immigrants to obtain their permanent green card, the immigrant has to either file a joint petition…

THERE seems to be a misconception in the general public that you can only obtain a divorce in California if your spouse will sign the divorce papers.  I get this question a lot from our family law clients.  The fact is that California is a no fault state and you do not need your spouse’s…

THERE seems to be a misconception in the general public that you can only obtain a divorce in California if your spouse will sign the divorce papers.  I get this question a lot from our family law clients.  The fact is that California is a no fault state and you do not need your spouse’s…

”When you file a divorce petition, you have to serve your spouse with the summons and petition.” THERE seems to be a misconception in the general public that you can only obtain a divorce in California if your spouse will sign the divorce papers.  I get this question a lot from our family law clients.  The…

“For the same reason, the parties to a divorce case is required to disclose all property, separate and community, including those outside the state.” 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…

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…

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…