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Family Law
Marriage is a legally binding contract that couples often sign prior to understanding the terms. Those individuals who educate themselves on how their property rights and financial responsibilities change at the time of marriage have the advantage of deciding if a pre-nuptial agreement is a necessary component of their financial future. Does this mean that once married you and your spouse can no longer alter the terms of the contract?
If the goal of child support is to have the children share in the standard of living of both parents, and child support is calculated in part by using both parents’ monthly income, what happens when one parent receives a cash gift or inheritance? Is the gift or inheritance considered “income?” If not, how might the court treat this money in relation to child support?
What happens when your spouse has hired a lawyer for divorce or legal separation, but you cannot afford one yourself?
The strict policy in California is that each parent’s first and principal obligation is to support their minor children relevant to each parent’s circumstances and station in life. To calculate a child support order, the Court requires, among other things, each parent to disclose their annual gross income.
At least one parent often has the expectation that both parents will contribute to their child’s college expenses. What happens when the other parent does not want to share in the cost of university tuition, books, housing, food, and other needs? Can the Court order both parents to pay for a child’s undergraduate and/or graduate studies and collateral needs?
In California, alimony is referred to as spousal support. The two most common types of spousal support are related to proceedings for divorce, legal separation, and termination of a domestic partnership. They are known colloquially as “permanent” and “temporary” spousal support.
When a court makes a domestic violence protection order there will be an expiration date after which the restrained person will no longer be restrained from communicating with or appearing within a defined distance of the protected person. That expiration date may be anywhere from several weeks to a maximum of five (5) years.
When parents cannot agree on a child custody and child sharing plan, either parent may file a Request for Order with the Family Court. In San Diego, the filing of a request for custody and visitation orders automatically triggers the scheduling of an appointment with Family Court Services (“FCS”). This meeting is known as Family Court Services Recommending Counseling. If the parents do not reach an agreement during the appointment, then the social worker in charge of the meeting will prepare a recommendation to the court with their opinion on what orders should be made.
As soon as one party files a Petition for Dissolution of Marriage, for Nullity of Marriage, for Legal Separation, or for a Parentage action, they are restricted from taking certain actions by temporary restraining orders found in the Summons issued in those matters. Commonly referred to as “Automatic Temporary Restraining Orders (ATROs),” these restrictions are placed on the opposing party as soon as they are served with the Summons and initial court paperwork.
Although the court can restrain a person from committing further acts of domestic violence following one person’s filing of a Request for Domestic Violence Restraining Order, sometimes a person may be in “immediate and present danger” of abuse or abduction and will need an expedited remedy issued at the behest of a law enforcement officer. This is known as an “Emergency Protective Order” (EPO).
Of great concern during the COVID-19 coronavirus pandemic is the increased risk of domestic abuse toward spouses, cohabitants, and children because of the increase in time spent at home relative to pre-pandemic times.
The questions I often get asked are what ARE declaration of disclosures and WHY do I have to do them? Declaration of Disclosures are comprised of four main documents: Declaration of Disclosure, Income and Expense Declaration, Schedule of Assets and Debts, and Declaration Regarding Service of your Declaration of Disclosures.
The goal of child support is to have the children share in the standard of living of both parents. Child support is calculated using both parents’ monthly income and the percentage of time the child spends with each parent. The California state policy is that both parents have a legal duty to provide financial support for their children.
Why even think of a prenuptial agreement, also referred to as a premarital agreement? Does this mean you are planning to get a divorce? Or that your spouse doesn’t love you as much as you love them? Absolutely not.
For various reasons, parents split up, and they eventually come to an agreement on—or the Court orders—custody, visitation, and child support. But what do you do if those agreements need to be modified?
The traditional depiction of domestic violence in popular culture is typically a husband beating his wife. While this is a common occurrence of domestic violence, the legal definition of domestic violence is much broader and not limited to only physical abuse or a marital relationship.
Part 1 of this Reimbursement series of our Family Law 101 blog discussed Epstein credits and Watts charges. Here, I will discuss two more common scenarios raised by our clients.
After divorce, each spouse ideally would shake hands, say “I wish you well,” take his or her share of the community property, and live happily ever after. While possible, the vast majority of divorces are much less cordial, and more complicated regarding the division of community property. One level of complication is the issue of reimbursement.
There are many misconceptions and myths surrounding domestic violence. The definition of “abuse” included in California’s Domestic Violence Prevention Act (the “DVPA”) is purposely broad in scope and encompasses a wide range of acts or behavior.
Divorce is already a tough emotional experience and difficult financially, but it can be even more daunting for spouses who have a child with special needs. Typically, child support ends when a child reaches the age of majority or when he or she graduates from high school. For divorcing parents of a child with special needs, however, this is often not the case, given that certain disabilities involve severe impairments that require life-long care and life-long co-parenting.
