How Does a Child Support Order Get Enforced?

The principle behind laws regarding child support in California is very simple. The parents of children born in the course of a marriage (or conceived out of wedlock) are legally responsible for the financial support of their offspring, regardless of whether or not those parents are living with their child(ren). Typically, an order for child

How Does The Court Determine Child Visitation Privileges?

In California, there is a presumption that, in general, a mother and father (or domestic partners) can work together to raise a child jointly, even after they no longer live in the same household. This is referred to as “joint legal custody.” It involves collaborating on decisions that directly affect the health, welfare, education, and

What is Community Property and How is it Divided?

In California, “community property” is defined as the marital interest in an asset or debt that was obtained or incurred between the date of marriage/registration of a domestic partnership and the date of separation. When I initially sit down with a client who’s going through a divorce or dissolution of domestic partnership, I start by

How to Go About Child Custody the Right Way

In general, “child custody” refers to all the important decisions regarding the raising of a child, including his or her health, education, and welfare. Custody is basically divided into two parts: (a) legal custody (the decision-making part) and (b) physical custody, as in who is responsible for the child’s physical well-being. Unless the parents share

How to Prepare to Meet with an Attorney

If the time comes to meet with an attorney, it’s in your own best interest to come as prepared as possible. Being prepared saves time and money. Why? The more time an attorney needs to become familiar with your legal issue, the more expensive it is for you. Frequently, I’ll ask a client for bank

Develop a Game Plan for Separation or Divorce

If you and your spouse face impending separation or divorce, there are important legal and emotional factors to consider. Whether you intend to hire a lawyer to represent you in Family Court or you wish to represent yourself, here are several things to keep in mind: Put a game plan together. The legal process of

If You Move Out During a Divorce – Do You Lose the House?

Many issues arise in the course of a divorce proceeding but some of the most common (and most commonly misunderstood) relate to a couple’s marital residence. Who will live in the house while the legal action is pending? Can both spouses continue to reside there? Should they? Who’s responsible for maintaining the property (including general

International Travel and Child Custody – What You Should Know

Sometimes it seems that issues around child custody are needlessly complicated to understand. So when a parent who shares custody of a child wishes to travel internationally, he or she should be aware of the additional legal ramifications of taking that child out of the U.S. In one respect, things are fairly straightforward, at least

Is There Such a Thing as an Amicable Divorce?

By its very nature, a divorce proceeding is an adversarial event. But adversarial doesn’t have to be the same thing as bitter or filled with antagonism. With the high cost of litigation—not to mention the potentially devastating emotional damage on spouses, partners, and their families—it makes sense for the parties involved to try and step

In Need of Estate Planning? Beware DIY Websites

At some point in our lives, many of us will need to create an estate plan to manage our assets—including property, financial holdings, personal belongings—not just for our lifetimes, but for our loved ones after we’re gone. For the most part, there are three types of trust you may want to consider in your estate