Family Law Blog

FLARPLs Still Exist

Now that housing market has improved, many people in California have equity in their houses. Many of those people are married and hold the deed to their property in joint tenancy. This means, that ...
Continue reading "FLARPLs Still Exist" »

A Bonus is a Bonus

Husband (H) and Wife (W) were married in 1987. W was a certified surgical technician until their first child was born in 1983, when she became a stay-at-home mom. H was a hospital executive, and ...
Continue reading "A Bonus is a Bonus" »

Ending a Registered Domestic Partnership without Going to Court

In California, a registered domestic partnership is treated legally the same as a valid marriage – with all the rights and responsibilities of spouses to each other and everyone else. Ending a ...
Continue reading "Ending a Registered Domestic Partnership without Going to Court" »

Creating a Domestic Partnership in California

Although California does not recognize common law marriages, it does recognize an alternative to marriage. It is called a registered domestic partnership. According to Section 297 of the California ...
Continue reading "Creating a Domestic Partnership in California" »

Military Divorce vs. California Divorce Laws

California legislators have tried very hard for almost 50 years to make divorce a fair and relatively quick legal process for California’s residents. However, when one spouse (or both spouses) ...
Continue reading "Military Divorce vs. California Divorce Laws" »

What's in a Title? A Short History Lesson

On June 22, 2017, Sheila Michaels died at the age of 78. Michaels was a civil rights advocate and one of the first people to use the term Ms. as a title for a woman who did not belong to a man. During ...
Continue reading "What's in a Title? A Short History Lesson" »

Proving an Inability to Support Yourself

California is a no-fault divorce state. Regarding spousal support, it means receiving support will be based on need and the other party’s ability to pay. It will not be awarded as a form of ...
Continue reading "Proving an Inability to Support Yourself" »

Get Back to Work! I'm Not Paying Support!

When couples separate there are many pre-settlement issues that need to be addressed, as well as settlement issues. One of them is whether one spouse should continually to financially support the ...
Continue reading "Get Back to Work! I'm Not Paying Support!" »

When Violence is Not Abuse

W filed for divorce from H. In her petition, she requested sole custody of their son, spousal support and a domestic violence restraining order (DVRO). She stated that H had been violent toward her ...
Continue reading "When Violence is Not Abuse" »

What Your Divorce Lawyer Needs to Know from You

When you decide to divorce your spouse, your divorce attorney will ask questions regarding your marriage: How long were you married? Do you have children? When did you separate from your spouse? What ...
Continue reading "What Your Divorce Lawyer Needs to Know from You" »

The Legal Separation of Mary Kay Letourneau and Vili Fualaau

In 1996, Mary Kay Letourneau was a Washington state suburban mother of four and a sixth grade teacher. Vili Fualaau was one of her students. Twleve-year-old Vili and thirty-four-year-old Mary Kay ...
Continue reading "The Legal Separation of Mary Kay Letourneau and Vili Fualaau" »

Parental Rights and Incorrigible Children

In El Salvador, F married his first wife and had a daughter [D]. They divorced, and F moved to the United States. He remarried and had four children with his current wife S. When D was 11 years old, ...
Continue reading "Parental Rights and Incorrigible Children" »

Questions to Ask Before Hiring a Divorce Attorney

Divorce can be one of the most stress-inducing times in a person’s life. Besides the grief from a failed marriage, there is the overwhelming legal process to navigate. A process that is almost ...
Continue reading "Questions to Ask Before Hiring a Divorce Attorney" »

The 50th Anniversary of In Re Gault

May 15, 2017 is the fiftieth anniversary of the most important juvenile rights case in American history. It is important in family law, because it forms the base of providing children with their ...
Continue reading "The 50th Anniversary of In Re Gault" »

Sperm Donors and Presumed Father Status

M and J began a romantic relationship in 2002. M is a certified rolfer (a form of physical trainer) and J is a well-known actor. M wanted to be a mother, and J agreed to father a child with her. ...
Continue reading "Sperm Donors and Presumed Father Status" »

When Higher Income Means Less Child Support

In 2005, F and M had an affair that resulted in their daughter, Z. F is a married movie producer and director and M is a part time hair stylist. F has three children with his wife, and M has two other ...
Continue reading "When Higher Income Means Less Child Support" »

Prenups with Cheating Clauses

Carmelo Anthony is a professional basketball player with the New York Knicks. In 2007, he married television personality and author Alani “La La” Vazquez Anthony. They have one child, a ...
Continue reading "Prenups with Cheating Clauses" »

But I Only Drove Drunk Once!

Mother (M) and Father (F) are the parents of two children, Daughter (D) and Son (S). In July of 2015, at about 2:30a.m., a California Highway patrol officer noticed a car being driven erratically on ...
Continue reading "But I Only Drove Drunk Once!" »

Selling Methamphetamine Doesn't Make Me a Bad Dad

Brother [B] (age six months) and sister [S] (age four years), lived with their unmarried mother [M] and father [F] in Los Angeles County. M was a school teacher. F was a licensed security guard, but ...
Continue reading "Selling Methamphetamine Doesn't Make Me a Bad Dad" »

Ex Wife Doesn't Have to Get a Job

Husband and Wife were married in 2001. Husband was a city firefighter and Wife was a secretary for a real estate agency. At the time of their marriage, Husband was 53 years old and Wife was 51 years ...
Continue reading "Ex Wife Doesn't Have to Get a Job" »

Ex Parte Orders and Pendente Lite Relief

The dictionary defines ex parte as a Latin term meaning from (by/for) a party without the other party being present. However, the very basis of American jurisprudence is to have all representative ...
Continue reading "Ex Parte Orders and Pendente Lite Relief" »

What's Next After Filing for Divorce

The California Family Code and the state’s legislature define dissolution, legal separation and nullity proceedings as non-adversarial, because they are no-fault actions. In other words, there ...
Continue reading "What's Next After Filing for Divorce" »

What is Jurisdiction?

Jurisdiction provides a court with the power to issue orders and adjudicate cases. Without it, in democratic societies, justice would not survive. Before any court will hear any case, the court must ...
Continue reading "What is Jurisdiction?" »

Ending Marriage and Domestic Partnership at the Same Time

A legally recognized domestic partnership was a way for same sex couples to enter into a marriage-type relationship when same sex marriages were illegal. These domestic partnerships provided the same ...
Continue reading "Ending Marriage and Domestic Partnership at the Same Time" »

Divorce by Means of Incurable Insanity

For divorce purposes in California, there are only two “grounds” for divorce: Irreconcilable differences which have caused the irremediable breakdown of the marriage or incurable insanity. ...
Continue reading "Divorce by Means of Incurable Insanity" »
Internet Marketing Experts

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.