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…
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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…
Early filing of adjustment of status application and work authorizations available October 2015
THE Department of State and the USCIS revised the procedures for determining visa availability for applicants waiting to file for adjustment of status. The revised procedure will be available beginning…
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…
Will a domestic violence finding affect my claim for sole or joint custody 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…
Does the creation of a revocable living trust, during the marriage, transmute separate property to community property?
DIVORCING couples may have established revocable living trust for estate planning pusposes during their marriage which was funded primarily with assets acquired by one spouse prior to the marriage. The…
Waiver of joint petition to remove conditional permanent residency on a marriage entered less than two years
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…
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…
How can INA section 245(i) benefit you?
Certain aliens are barred from adjusting to legal permanent residents by virtue of having entered the United States under the following conditions: Entering the US as an alien crewman (C-1…
The E Visa classification as an immigration option for the business savvy immigrant
FOR most professional immigrants that seek long term immigration status in the US, the key to success is finding an employer that would Petition them for an H-1b visa. The…
Can I qualify for a green card despite the petitioner’s death?
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…
Will a domestic violence finding affect my claim for sole or joint custody 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…
Why is the date of separation significant in divorce cases?
IF you are contemplating divorce, have you ever wondered the exact date you “separated” from your spouse? The date of separation is one of the most litigated issues in a…
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…
Is property acquired with financing during marriage community or separate property for purposes of divorce?
A QUESTION that invariably arises during divorce proceedings is whether assets are properly characterized as community or separate property. If property is characterized as community property, it must be divided…
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.” …
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…
Permanent residency through marriage to US citizen spouse
THE economic crisis of the past few years and changes in immigration legislation has made it more difficult to pursue certain traditional paths to obtaining permanent residency in the United…
Automatic revocation of wills and trust upon entry of divorce or nullity judgment
You just finalized your divorce. You are free and single again. Ever wonder what happens to the will or revocable trust you executed during your marriage with your ex spouse…
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…
How can INA section 245(i) benefit you?
CERTAIN aliens are barred from adjusting to legal permanent residents by virtue of having entered the United States under the following conditions: Entering the US as an alien crewman (C-1…
When to use ‘economic circumstances’ approach
THE court does not always equally divide each piece of community property in a divorce case “In kind.” An equal partition of each item of property in the community estate…
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 US citizens are separated from…
Tax consequences of divorce on non custodian 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…
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.” …
Can I obtain a divorce if my spouse refuses to sign?
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…
Awarding child custody in California
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…
Waiver of joint petition to remove conditional permanent residency on a marriage entered less than two years
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…