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 currency…

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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 defined as anything acquired by a spouse before the marriage, during the marriage…

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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…

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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…

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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 client can…

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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…

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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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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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