“ Child custody comes in two parts, physical custody and legal custody.” 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…

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…

“ There are circumstances though that allow a couple to have their marriage voided rather than dissolved.” 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…

“ Under the Family Code, a spouse can “bifurcate” the issue of marital status and terminate the marriage without having to wait until the issues pertaining to property, support, and child custody are resolved.” THE decision to terminate one’s marriage typically brings to the forefront many issues all at once.  Issues pertaining to property, support,…

“ Child custody comes in two parts, physical custody and legal custody.” 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…

PART of the new Trump administration’s agenda is a tougher and more aggressive stance on immigration enforcement.  This may be in the form of more detention and deportation of undocumented immigrants.  Many of the undocumented immigrants have established families in the United States including minor children.  One has to plan in advance what would happen…

PRESIDENT Trump appears to be executing on his “America First” agenda by executing executive orders in record pace with the intent of securing American interest.  However, these executive orders has affected certain rights of legal permanent residents and aliens residing in the United States.  As a green card holder, you are still considered an Alien…

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 that their soon to be ex-spouse will share in the college expenses of their children. This is specially the case when the other spouse has…

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 not limited to the actual infliction of physical injury or assault. Family Code, § 6203(b). A court may issue an order enjoining specific…

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…

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 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…

QUESTION:  I contributed money which I saved before the marriage into purchasing a property during the marriage which I acquired with my spouse in joint name.  During the marriage we cashed out most of the equity in that house to purchase several properties.  The first house we purchased no longer has a lot of equity …

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…

CALIFORNIA law on the nature of spouses’ rights and obligations with respect to management and control of community property has evolved over the last thirty years from less stringent “good faith” standards to heightened “confidential duty” and “fiduciary duty’ standards.  Under current law, the duties owed between spouses in transactions between themselves are the same…

“ California Family Code Section 3044 (a) provides “Upon a finding by the court that a party seeking custody of a child has perpetrated domestic violence against the other party seeking custody of the child or against the child or the child’s siblings within the previous five years, there is a rebuttable presumption that an…

ON January 2, 2013, Secretary of Homeland Security Janet Napolitano  announced the posting of a final rule in the Federal Register that reduces the time U.S. citizens are separated from their immediate relatives (spouse, children and parents), who are in the process of obtaining visas to become lawful permanent residents of the United States commonly…

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…

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…

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…

“   The Joint Petition provides an opportunity for the United States Citizenship and Immigration Services (“USCIS”) to inquire as to the legitimacy of the marriage after conditional permanent residence is granted.” MARRIAGE for many persons is the culmination of one’s life.  Getting married signifies the beginning of a new phase in life, both socially…

THE USCIS announced the final rule expanding the existing provisional waiver to allow certain family members of US Citizens and lawful permanent residents to apply for the provisional waiver of unlawful presence. 8 CFR Parts 103 and 212. The final rule goes on effect on August 29, 2016. Prior to this expanded rule, only immediate…

ON June 26, 2013, the US Supreme Court struck down section 3 of the Defense of Marriage Act (DOMA) as unconstitutional in the landmark case US. V. Windsor.  The BIA shortly thereafter issued a decision in Matter of Zeleniak holding that DOMA is no longer an impediment in recognizing same-sex couples under the immigration and…

The USCIS announced the final rule expanding the existing provisional waiver to allow certain family members of US Citizens and lawful permanent residents to apply for the provisional waiver of unlawful presence. 8 CFR Parts 103 and 212. The final rule goes on effect on August 29, 2016. Prior to this expanded rule, only immediate…

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…

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 permanent residency in the United States and have married a United States citizen, marriage also presents an opportunity to obtain permanent residency.  However, although the…

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…

ON June 26, 2013, the US Supreme Court struck down section 3 of the Defense of Marriage Act (DOMA) as unconstitutional in the landmark case US. V. Windsor.  The BIA shortly thereafter issued a decision in Matter of Zeleniak holding that DOMA is no longer an impediment in recognizing same-sex couples under the immigration and…

FAMILY Code 760 provides that all property acquired by the spouse during the marriage is community property.  That means each spouse has a half interest on any assets that are acquired during the marriage, with certain exceptions, since it is generally characterized as community property. On the same token, Family Code 771(a) provides that earnings…