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 case. Divorce is often a difficult and negative experience for most families. However, getting divorce may have some unintended benefits in the immigration law arena. …
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 case. Divorce is often a difficult and negative experience for most families. However, getting divorce may have some unintended benefits in the immigration law arena. …
Establishing parentage rights for Moms is a lot easier than establishing one for unmarried Dads. Moms can establish this by simply showing proof of her having given birth to the child. Family Code §7610. Establishing parentage rights, including custody and visitation rights, becomes more problematic with unmarried Dads because proving yourself as the biological father…
Establishing parentage rights for Moms is a lot easier than establishing one for unmarried Dads. Moms can establish this by simply showing proof of her having given birth to the child. Family Code §7610. Establishing parentage rights, including custody and visitation rights, becomes more problematic with unmarried Dads because proving yourself as the biological father…
What is the difference between a divorce and an annulment? Many people think these concepts are the same and interchangeable. There are many differences between the two concepts. A divorce ends a valid existing marriage. In a nullity, a determination is made about the validity of the marriage itself. When a marriage is annulled, it…
What is the difference between a divorce and an annulment? Many people think these concepts are the same and interchangeable. There are many differences between the two concepts. A divorce ends a valid existing marriage. In a nullity, a determination is made about the validity of the marriage itself. When a marriage is annulled, it…
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…
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…
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…
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 at the time of the settlement or trial. However, what if your income decreases after the divorce or what if your spouse’s income increases after…
Couples that are going through the divorce process in California should understand that the Family Code and the Family Courts requires that they provide complete and accurate disclosure to the other spouse. The financial disclosures are taken seriously by the Courts and failure to disclose could have serious consequences for the non-disclosing party in a…
Couples that are going through the divorce process in California should understand that the Family Code and the Family Courts requires that they provide complete and accurate disclosure to the other spouse. The financial disclosures are taken seriously by the Courts and failure to disclose could have serious consequences for the non-disclosing party in a…
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 U.S. Citizen parent petitions to adult son or daughter. This is also common among petition’s between Siblings. What happens when the Petitioner dies? Are all those years of…
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 U.S. Citizen parent petitions to adult son or daughter. This is also common among petition’s between Siblings. What happens when the Petitioner dies? Are all those years of…
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 at the time of the settlement or trial. However, what if your income decreases after the divorce or what if your spouse’s income increases after…
IF you have an existing child support or spousal support obligation (court order) and your income decreases or even worst if you are laid off from your job causing a major loss of income, you may want to consider modifying your existing child and spousal support order. You are not automatically relieved from your obligation…
What is the difference between a divorce and an annulment? Many people think these concepts are the same and interchangeable. There are many differences between the two concepts. A divorce ends a valid existing marriage. In a nullity, a determination is made about the validity of the marriage itself. When a marriage is annulled, it…
The famous Michael Jackson song from 1982 called “Billy Jean” lays out the typical parentage situation where a mother accuses a man as being (“the one”) the biological father of her child and demands that he steps up to the responsibility of fatherhood or at the least pay child support. In that song, Michael Jackson…
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…
This is a common question among people contemplating divorce in California when the other spouse does not live in the state. The California Courts has the power to grant a divorce, annulment, or legal separation if either party is domiciled in the state. Domicile is where a person lives and intends to remain. However, there…
When a married couple decides to divorce in California, one of the most significant issues they will face is dividing their assets and debts. If the couple owns a business together, this can be particularly complicated whether it is operated by only one spouse or both spouses jointly. In this article, we will discuss how…
When a married couple decides to divorce in California, one of the most significant issues they will face is dividing their assets and debts. If the couple owns a business together, this can be particularly complicated whether it is operated by only one spouse or both spouses jointly. In this article, we will discuss how…
California Family Code section 4504 allows a noncustodial parent to be credited towards their child support obligation for the amount of federal government payments they are receiving on behalf of the child. The payments that qualify for this credit include: Social Security retirement or disability benefits Railroad Retirement benefits Department of Veterans Affairs benefits To…
Establishing parentage rights for Moms is a lot easier than establishing one for unmarried Dads. Moms can establish this by simply showing proof of her having given birth to the child. Family Code §7610. Establishing parentage rights, including custody and visitation rights, becomes more problematic with unmarried Dads because proving yourself as the biological father…
Establishing parentage rights for Moms is a lot easier than establishing one for unmarried Dads. Moms can establish this by simply showing proof of her having given birth to the child. Family Code §7610. Establishing parentage rights, including custody and visitation rights, becomes more problematic with unmarried Dads because proving yourself as the biological father…
IF you have an existing child support or spousal support obligation (court order) and your income decreases or even worst if you are laid off from your job causing a major loss of income, you may want to consider modifying your existing child and spousal support order. You are not automatically relieved from your obligation…
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…
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…
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 are…
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…
