Starting the new year fresh with a divorce
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…
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Grounds for annulling a marriage
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.” …
How important is it to have a living trust?
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…
When am I considered separated from my spouse in a divorce case?
THE date of separation is one of the most important facts to determine in a divorce case because it defines when the community interest ends and when separate property interest…
When am I considered separated from my spouse in a divorce case?
THE date of separation is one of the most important facts to determine in a divorce case because it defines when the community interest ends and when separate property interest…
Do I need a premarital agreement before getting married?
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…
Do I need a premarital agreement before getting married?
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…
What to do with conditional green card status in troubled marriages
MARRIAGE for many persons is the culmination of one’s life. Getting married signifies the beginning of a new phase in life, both socially and economically. For those persons who lack…
Will incorporating a separate property business during marriage make it community property?
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…
Disclosure and characterization of overseas assets in 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…
Disclosure and characterization of overseas assets in 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…
How important is it to have a living trust?
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…
Do I need a premarital agreement before getting married?
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…
When exactly am I considered separated from my spouse in a divorce case?
THE date of separation is one of the most important facts to determine in a divorce case because it defines when the community interest ends and when separate property interest…
Do I need a premarital agreement before getting married?
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…
Is real estate property purchased prior to marriage considered community property in a divorce?
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…
Consequences of failing to disclose materials assets, income, facts and information in a divorce case
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…
K-1 Visa: Fiancé visa to marry a US citizen
IN previous editions of this article, the process of obtaining permanent residence through marriage was explored. Discussion of that procedure began with the supposition that the couple was married, and…
Can a divorcing couple agree to pay for their adult children’s college expenses in their divorce judgment?
DIVORCING couples with children sometimes worry about who is going to pay for their children’s college education after the divorce once their children graduates high school. They want a guarantee…
Disclosure of text messages, e-mails and Facebook info of a spouse or significant other may constitute domestic violence
DOMESTIC violence is abuse perpetrated against a spouse, former spouse, cohabitant, former cohabitant, a girlfriend, a boyfriend, the mother or father of your child, your child. Family Code Section 6211. Abuse is…
Disclosure of text messages, e-mails and Facebook info of a spouse or significant other may constitute domestic violence
DOMESTIC violence is abuse perpetrated against a spouse, former spouse, cohabitant, former cohabitant, a girlfriend, a boyfriend, the mother or father of your child, your child. Family Code Section 6211. Abuse is…
Will incorporating a separate property business during marriage make it community property?
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…
Seven things you should not do when served with divorce papers by your spouse
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…
Putative spouse status as a defense to a petition for nullity of marriage
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…
Getting around the six month residency requirement to file a divorce in California
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…
Do I need a premarital agreement before getting married?
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…
I filed my own divorce but I can’t finish it
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…
Disclosure and characterization of overseas assets in 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…
Can a divorcing couple agree to pay for their adult children’s college expenses in their divorce judgment?
DIVORCING couples with children sometimes worry about who is going to pay for their children’s college education after the divorce once their children graduates high school. They want a guarantee…
Disclosure of text messages, e-mails and Facebook info of a spouse or significant other may constitute domestic violence
DOMESTIC violence is abuse perpetrated against a spouse, former spouse, cohabitant, former cohabitant, a girlfriend, a boyfriend, the mother or father of your child, your child. Family Code Section 6211. Abuse is…