Move-Away Requests

When a married couple or two parents decide to end their relationship, it is very common for one party to desire or need to relocate to a place where they have family support and/or where they can afford housing. Parents who have been separated often face the need to relocate if their employment status changes … Continued

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Grandparents’ Visitation

One of the increasingly prevalent issues in family law is grandparents’ visitation. Contrary to common belief, grandparents often do have rights pertaining to their grandchildren. In certain instances, the grandparents may have the ability to seek orders regarding visitation with their grandchildren from the Family Law Court. Typically, such cases arise in the following circumstances: … Continued

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Property Division

California is a community property state. The California Family Code has a rebuttable presumption that property acquired during marriage is community property in which each spouse has a 50% ownership interest. However, this does not mean that all property in existence at the time of divorce will be divided “50/50” between the parties. The division … Continued

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Alimony / Spousal Support

Spousal support (which is commonly referred to as “alimony”) can be a very legally complex issue in any dissolution of marriage case. There are two types of spousal support: temporary spousal support (formally known as “pendente lite” spousal support) and spousal support which is determined pursuant to California Family Code §4320. Pendente lite spousal support … Continued

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Domestic Violence

Claims of domestic violence are among the most difficult issues in any Family Law case. The victims of domestic violence are often permanently harmed from the incident(s) and then they must undergo the traumatic experience of reliving the incident(s) and recounting the details before the Court. On the other hand, individuals who have been falsely … Continued

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Domestic Partnership

Domestic Partners are defined as “two adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring. Domestic partnership has become a popular option among many who were non-eligible to be legally married in the state of California or those who wish to make “official” their commitment without … Continued

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Cohabitation issues and agreements (Palimony)

Many people believe that simply because they are not legally married, that they have no financial exposure to their romantic partners or cohabitants because California is not a “common law” state. However, this is patently incorrect. While California does not have “common law” marriage like other states, it does have the doctrine of “palimony”. A … Continued

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Prenuptial Agreements

Anyone who is considering marriage and who has income or assets that they wish to protect should seriously consider entering into a prenuptial agreement (also known as a premarital agreement or “prenup”.) Such an agreements are made in contemplation of marriage and allow both marital partners to make plans for their future. A prenuptial agreement … Continued

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Child Support

In California, child support is calculated using a statewide guideline formula which is set forth in the California Family Code. While the formula itself is straightforward, the inputs for the formula are often not straightforward. For example, the proper valuation of a party’s income available to pay support, the custodial timeshare, and other factors that … Continued

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Child Custody

Child custody issues are among the most complex and difficult issues to be resolved in any family law case. There are different child custody arrangements available and often both parents will agree to a child custody arrangement which permits them to avoid appearing at a court hearing to have the Court determine custodial arrangements. Agreed-upon … Continued

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