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…
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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…
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…
How courts determine child custody in california
“ 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…
Is real estate property purchased prior to marriage considered community propery 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…
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…
Grounds for annulling a marriage
“ 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…
Bifurcation and status only divorce
“ 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…
How courts determine child custody in california
“ 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…
Planning for the custody and care of your children in case immigration detains you
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…
Applying for US citizenship in these turbulent times
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…
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. …
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…
Five benefits of establishing a revocable living trust
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…
Consequences of failing to disclose material 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…
Can I get reimbursed for my separate property contribution from all subsequent community properties purchased during marriage?
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…
Consequences of failing to disclose material 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…
The presumption of ‘undue influence’ in transactions between spouses during the marriage
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…
Will a domestic violence finding affect my claim for sole or joint custody of our children?
“ 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…
Provisional waiver of the 3/10 year bar from inside the US
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…
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…
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…
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.” …
What to do with conditional green card status in troubled marriages
“ 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…
Provisional waiver of unlawful presence expanded to cover more immigrants
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…
What immigration benefits are available to same-sex marriages post DOMA?
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…
Provisional waiver of unlawful presence bar expanded to cover more immigrants
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…
