Family Law

How Deportation Affects Children of Immigrant Parents

Presidential candidate Donald Trump recently announced his immigration plan calling for the mass deportation of approximately 11 million undocumented immigrants.[1] However, Mr. Trump’s plan does not address what will happen to U.S.-born children of undocumented immigrants. According to the National Counsel of La Raza, in 2008, there were approximately four million such children in the…

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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…

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Same-Sex Marriage Decision and its Implications on Family Law

In the wake of the U.S. Supreme Court’s recent momentous decision in Obergefell v. Hodges (2015), same-sex marriage is now protected federally in all 50 states. In effect, the ruling held that the 14th Amendment requires states to issue marriage licenses to same-sex couples and recognize same-sex marriages performed in other states.  The Courts’ ruling…

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Transmutation

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 beneficial ownership of the property…

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Enforcing a Foreign Judgment in France

In France, when a judge has to deal with a foreign judgment, they first must distinguish the area of law. This means they must decide whether the subject in question is a good or a person.  Indeed, in some cases, to enforce a foreign judgment you will need to utilize a procedure called  “exequatur.” This…

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Comparison Between US Law and French Law

Based on my exposure to California’s and France’s family law court system, I have realized there are some differences between domestic and international legal systems. In France, divorce can be pronounced for 4 main reasons. Similar to California, parties can agree on the divorce and all consequences. This is known in France as “divorce with…

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730 Custody Evaluation

Has a Child Custody Evaluation “730 Evaluation” been ordered by your California Family Court Judge, and are you completely in the dark as to what it is? You are not alone. Often times in contested custody proceedings a Judge may appoint a child custody evaluator to conduct a child custody evaluation in cases where the…

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Domestic Violence Restraining Orders

In high conflict family law matters it is sometimes necessary for an individual to obtain a restraining order when domestic violence has occurred. The Domestic Violence Prevention Act (DVPA) [FC §§6200–6409] authorizes a procedure to obtain restraining orders to restrain domestic violence and make other custody, support, and property family law orders. Under DVPA “abuse”…

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