07
Sep
The ten-year marriage rule has been getting increased attention from many people, especially those seeking to get a divorce. Some people think that they don’t have to pay spousal support if the marriage is under ten years. Some people think that they have to pay child and spousal support for life if the marriage lasted […]
31
Jul
“Separate property” is legally defined as 1) any property owned before marriage, 2) property acquired during marriage by gift, bequest, devise or descent; 3) the rents, issues and profits generated by separate property and 4) any earnings and accumulations by the parties after they separated with no intention to resume the marriage. A better explanation […]
31
Jul
“Community property” is defined as all property acquired by a married person during marriage while domiciled in California including all out-of-state property owned by the spouses. Community property excludes each spouse’s “separate property,” any earnings and accumulations that accrued while the spouses are living separately and apart, community property that has been changed to separate […]
17
Jul
In cases where parents are continuously returning to court for disputes pertaining to their children such as custody, visitation, education or medical decisions, family counseling may help reduce the parties’ conflicts and teach them how to communicate better and how to work toward a successful co-parenting relationship. Under Family Code section 3190, the court can make […]
29
May
Once you have filed your divorce papers, or Petition for Dissolution of Marriage, there are four automatic restraining orders listed on the summons which will be served on your spouse. It is crucial to pay attention to these restraining orders as they are in place during the pendency of the divorce. 1. Child-move aways: The […]
29
May
In determining whether a spouse is entitled to permanent spousal support (alimony), the court turns to Family Code Section 4320 which listed the following factors: (a) The extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage, taking into account all of the following: (1) […]
31
Jan
Even if you are not the high-income earner in your marriage, you may still be able to afford legal representation in a divorce, legal separation or nullity action and in any related subsequent proceedings. Family Code Sections 2030 through 2032 provide that a party in certain family law matters can ask the court to order the other party to pay for […]
27
Jan
The California Domestic Partner Rights and Responsibilities Act provides registered domestic partners with the same rights and obligations as spouses, including the rights to child custody, support and property division. While the majority of domestic relationships must be terminated by the same legal procedures used for marriage dissolution, nullity or legal separation, some partners can end the domestic partnership by filing […]
26
Jan
California laws recognize that spouses owe each other fiduciary duties due to their relationship of confidence. “This confidential relationship imposes a duty of the highest good faith and fair dealing on each spouse, and neither shall take any unfair advantage of the other.” Family Code Section 721(b). Once a breach of the fiduciary duty is […]
25
Jan
This is a story that we all hear too often– a homeowner entered into an agreement with a contractor to remodel his or her home. The contractor signficantly delayed the project, provided substandard work and threatened to record a lien on the property if he is not paid in full. What can a homeowner do in […]