Category Archives: Family Law
Spousal Support & Proving Financial Hardship Due to Disability
Life can take unexpected turns, and coming into financial hardship due to disability can impact your ability to earn a living and in turn affect spousal support payments. Whether the disability occurred due to accident, illness, or even a catastrophic event – disability can come with significant cost making the need to modify spousal… Read More »
Enforcing California Child Custody & Visitation Orders
California courts prioritize the child’s best interests when they establish child custody and visitation orders. In determining what will serve the child’s best interests, the courts will consider many factors. This will likely include items such as: The child’s age, The child’s emotional and physical well-being, The child’s relationship with each parent, Any history… Read More »
What is NOT Community Property in California?
Under California law, generally assets and debts acquired by either spouse from the date of marriage through the date of separation is presumptively community property and is subject to the divided equally between the two spouses if they divorce. There are exceptions to this general rule making certain assets and debts as separate property… Read More »
Understanding Family Law Emergencies in California: Part II
In part one of our two-part series, we introduced the concept of family law emergencies in California. Family law emergencies are complex situations that require immediate court intervention in order to safeguard a vulnerable family member, either from one another or from an urgent circumstance (such as sudden job loss resulting in precarious living… Read More »
Understanding Family Law Emergencies in California: Part I
Family law emergencies in California are complex situations that require immediate intervention in order to safeguard family members from one another. In California, the law has developed in a way to be particularly mindful of protecting children from potential harm. Family law emergencies might emerge in any number of circumstances. Unfortunately, domestic life leads… Read More »
How To Request a Restraining Order in California
A California Judge can issue a (initially) temporary restraining order upon formal request. A restraining order, be it temporary or permanent, is an official order that prohibits a particular action from another party. A person may seek a temporary or permanent restraining order for a number of valid reasons. Valid restraining orders have been… Read More »
What Does a California Family Lawyer Do?
In California, a family lawyer practices family law – but what does that mean? Family law is a very broad field of law, covering a range of sensitive, personal, and emotional issues that often require expert guidance to navigate smoothly. A family lawyer deals with all matters of domestic-related legal issues, from paternity, child… Read More »
Common Law Marriage and “Palimony” in California
In several states, if a couple lives together for a specific period of time and holds themselves out to the world as a married couple, then the couple may be considered to be legally married in the state. This is true even if the couple never went to the courthouse and completed the legal… Read More »
The Paternity Presumption
In California, there is a “paternity presumption.” The presumption is, in essence, if a woman is married to her husband when she gives birth to a child then the husband is the presumed biological father of the child. The specifics of the presumption is described in California Family Code section 7611. But – what… Read More »
Can Both Parents Claim Their Child on Their Tax Returns?
Raising children is costly, especially for divorced parents. Both California and the federal government offer tax credits to help offset some of these expenses. But what happens when parents live apart? Can both parents claim their child on their tax returns? If you pay child support, do you automatically get to take the tax… Read More »
