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…
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Do you need to be living in separate residences to be considered ‘Separated’ from your Spouse under the California family law?
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…
Permanent residency through marriage to US citizen spouse
ONE traditional way of obtaining permanent residency for most immigrants is through a petition by a US citizen spouse. As a spouse of a US Citizen, an alien is considered…
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…
Will a domestic violence finding affect my claim for sole or joint cutstody of our children?
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…
Relief from default in divorce cases
THERE are situations in both Divorce and Child Support cases where the Summons and Petition resulted to a default against one party for failing to respond on time. In certain…
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 immigration benefits are available to same-sex marriages post DOMA?
“In the area of immigrant visas, a same sex US Citizen spouse or legal permanent resident spouse may now petition for an immigrant visa for their spouse as long as…
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…
Victims of domestic violence can terminate a lease on written notice to the landlord
A TENANT may terminate his or her tenancy on written notice to the landlord that the tenant, or a household member, is a victim of domestic violence, sexual assault, stalking,…
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…
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…
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…
Do you need to be living in separate residences to be considered ‘separated’ from your spouse under the California family law?
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…
I filed my own divorce but I am having problems finishing 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 the…
Fraud waiver under INA section 237(A)(1)(H)
IMMIGRANTS sometimes find themselves in immigration removal proceedings (deportation) because they have obtained their green cards through fraud and or misrepresentation. A common example would be married children of US…
Tax consequences of divorce, non-custodial parents
CONSIDER the common divorce scenario where the divorce judgment provides primary custody of the children to one spouse while the other spouse only gets visitation. The parties begin to file…
What happens when spouse files 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…
What factors will the court look at in awarding spousal support?
THE purpose of spousal support is not defined by the legislature in that its purpose varies according to the facts and circumstances of each case. The facts and circumstances of…
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…
Reinstating a deceased petitioner’s family-based petition
IT is very common for beneficiaries of family based petition to wait many years before their petition’s priority date becomes current. This is usually the case with US Citizen parent…
4 ways filing for divorce can benefit your immigration case
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…
Relief from default in divorce cases
THERE are situations in both Divorce and Child Support cases where the Summons and Petition resulted to a default against one party for failing to respond on time. In certain…
Tax consequences of divorce on non-custodial parents
CONSIDER the common divorce scenario where the divorce judgment provides primary custody of the children to one spouse while the other spouse only gets visitation. The parties begin to file…
Modifying child and spousal support obligation after a divorce
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…
Permanent residency through marriage to US citizen spouse
CHANGES in the economy and in the employment lanscape has made it more difficult to pursue certain traditional paths to obtaining permanent residency in the United States such as employment…
Is contingent bonus community property in a divorce?
IN many professions, bonus is a material part of a professional’s compensation. It is often a challenge characterizing bonuses in the context of a divorce case especially if the bonus…
Is a financial advisor spouse’s contingent bonus, based on bringing a book of business, community property in a divorce?
IN many professions, bonus is a material part of a professional’s compensation. It is often a challenge characterizing bonuses in the context of a divorce case especially if the bonus…
Do you need to be living in separate residences to be considered ‘Separated’ from your spouse under the California family law?
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…
Can a conditional greencard holder file an immigrant petition?
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…