Under California law, property acquired during marriage is considered community property with some exceptions such a gifts and inheritance. However, transmutation plays an important role in the division of property at divorce. Transmutation is the transfer of property rights between the spouses which results in a change of legal or b...
What the Ashley Madison Website Hack Means for California Divorce
For Ashley Madison users, the idea of a sizzling hot, sticky summer probably sounds like a good thing. However, throw a website hack scandal into the mix, and you’ve got yourself a big sticky mess. In July, it was reported that Ashley Madison, a casual sex and cheating network, had been hacked by a group called The Impact Team. The...
Divorce In Military Families: What Additional Legal Issues Are Involved?
Americans are proud of our military and the soldiers that service these duties. Each year, an increasing number of men and women join the military in hopes of being able to serve and protect this country from domestic and foreign terrorists. The sacrifice that these men and women face while in the military usually mean being away fro...
The Financial Intersection of Family and Immigration Law Found in Form I-864
More often than not, there is an intersection between family and immigration law. One aspect of the intersection of family and immigration law addresses the financial requirement in immigration proceedings for a petitioner to be liable for the expenses of the applicant. As family law practitioners it is crucial to know how your clien...
Missing Spouse Divorce
Sometimes, at the end of a marriage, one spouse moves out of the house, never to be seen again. When this happens, can a divorce still be granted?
Divorces are a form of lawsuits. In order to complete a lawsuit in California, the other party must be provided legal notice of the proceedings through a summons.
In the case of , th...
How Common Is Divorce And What Are The Reasons?
In the United States alone, research has shown that 40-50% of first marriages will end in divorce or permanent separation. The risk of divorce for second marriages is even higher at 60%. Although divorce has always been common in American society, divorce has become more common over the last 50 years, and the divorce rate has remaine...
Assets and Debts Division At Divorce
Under California's community property laws, assets and debts spouses acquire during marriage belong equally to both of them, and they must divide them equally in divorce and each spouse keeps his or her separate property. California law defines community property as any asset acquired during marriage. Separate property is defi...
Adding Virtual Currency to Divorces
Divorces are infamous for being complex when it comes to defining which asset should be divided to which partner. Virtual currencies, such as Bitcoin or Litecoin, pose an increase in complexity when calculating their worth and deciding how to divide them between each party. In addition, the lack of paper trails when using the currenc...
Explaining Shared Custody to your Children
Shared custody between parents occurs when a judge allows guardianship and care for a child to both divorcing parents. Shared custody can be distinguished either by shared legal custody -such as religion or academics- and shared physical custody -which is how the child divides his time between both parents’ homes. Once the shared c...
Family Heirlooms and Divorce
Family heirlooms, which include antiques, photos, jewelry, or other collectibles, can be at the center of attention during divorce. The following tips can be used in order to facilitate the legal rights surrounding valuable items.
1. Personal Property v. Marital Assets
Anything acquired before marriage is consi...