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…
A PETITION for nullity of a marriage is based on an allegation that an impediment existed at the time of the marriage that prevented the marriage from ever existing. Whereas a petition for dissolution of a marriage typically alleges that some issue arose during the marriage that precludes it from continuing further (i.e. “irreconcilable differences”),…
Couples have different spending habits and different philosophy in handling marital finances. Some spouses are conservative in managing their finances and stick with a budget while other spouses do not even set budgets. What is your exposure if your spouse is a shop-a-holic and runs though his/her credit card like there is no tomorrow? What…
THE decision to terminate one’s marriage typically brings to the forefront many issues all at once. Issues pertaining to property, support, and child custody need to be addressed in a divorce proceeding. In a long term marriage especially, these issues are often heavily litigated between the spouses, and can take a significant amount of time…
An action for dissolution of marriage often involves the division of community property. Typically, this involves property that is in the control and possession of either spouse. However, community property is often in the control of a third party not involved in the divorce proceeding. This scenario commonly occurs when one of the spouses has…
DIVORCE can be a bit complicated specially if there are community assets and debts involved. Generally, accumulations and earning after the date of separation is each spouse’s separate property. What happens when you use separate funds to pay for community debts after the date of separation such as when one spouse continues to pay the…
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 that two years with the petitioning spouse and show that they are still married or, if the marriage was terminated, to show that the marriage…
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 a particular case may be such which call for no spousal support, or for support for a very limited period of time, with the purpose…
MOST aliens that come to the United States do so under a B-1 or B-2 visa as a visitor which gives visitors up to 6 months stay in the US. However due to the recent policy of disfavoring extensions of visitors status, extending once visitors visa is almost no longer an option for a lot…
Being involved in an auto accident can be a frustrating and very disruptive experience to most people. Depending on your injuries, most likely you are unable to commute to work, unable to carry on your regular chores, or even unable to work at all. This is on top of all the pain and suffering that…
At one time or another, we have all made a trip to the local market. Whether it is to purchase food or other daily necessities, our expectation is that upon departing, our needs will be fulfilled. Rarely, if ever, does a person’s expectation in making a trip to the market include slipping on something on…
THERE is a natural tendency among divorcing parties to hide their assets from their spouse. 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 to let him/…
What does a father do if mom does not allow dad to visit his child? This situation becomes more difficult in situations where the father is not married to the mother such as in a boyfriend/ girlfriend relationship where girlfriend gets pregnant and the relationship breaks up prior to the birth of the child. It…
As Filipinos, we are all undoubtedly aware to a certain extent of the procedures and avenues by which one can obtain permanent residence. After obtaining permanent residence status, many green card holders desire to take that next step—becoming a United States citizen. As a United States citizen, one is afforded many privileges that are not…
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 in time. In certain situations, the defaulted party failed to respond in time because he or she did not even know that he or she was served with a…
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 issue is what is the characterization of those property when the couple gets the divorce. Transmutation is the changing of the characterization of a property…
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…
SPOUSES during both before and during marriage may agree to change the character of any of their property—from separate property to community property, from community property to separate property, and from separate property of one spouse to separate property of the other. When spouses agree to change the character of property, it is commonly referred…
