Under California law, any property obtained during the course of a marriage is recognized as community property, which means that it belongs to both spouses equally and is subject to division in divorce proceedings. The presumption may be overturned, though, if a party can show that an asset was obtained…
Typically, when evaluating requests for spousal support or modifications of existing obligations, the courts will look at each party’s income and needs and the costs of maintaining the child’s standard of living. They are not limited to these factors, though, but may consider other relevant issues as well. For example,…
Many California couples earn disparate incomes. As such, if they decide to divorce, one spouse may seek support from the other. The courts typically consider numerous factors in determining whether the grant alimony and, if so, how much, including the standard of living the parties enjoyed as a couple. If…
Under California law, parents must support their minor children financially. In the context of child custody cases, this often means that the courts will order one parent to pay the other child support. While child support obligations are typically calculated based on each parent’s actual income, in some cases, they…
Family law cases can be extremely contentious, and it is not uncommon for parties to go to great lengths to persuade the courts to rule in their favor. While it is permissible for people to engage in any lawful tactic to convince the courts to see things in their light,…
Many married couples grapple with debt, and disagreements over money are one of the primary reasons marriages end. In some instances, one party will lack the ability or desire to pay down debts, and the other party will use their separate property to pay community debts while a divorce is…
Trusts are an important part of estate planning and typically allow parties to protect their property and provide for their loved ones while also avoiding the significant tax penalties associated with other means of passing on assets. There are certain measures people should take to safeguard their trusts, like obtaining…
Family law cases typically involve an intersection of legal issues and emotional concerns. As such, it is not uncommon for family law disputes to become contentious. In some instances, parties in family law cases will go so far as to attempt to frustrate the resolution of their cases by refusing…
In California, the main concern of the courts in any child custody proceeding is what is in the child’s best interest. This means, among other things, that the court will assess whether one or both parents have a history of engaging in domestic violence. If they do, the court will…
While some people contending with family law issues are able to resolve matters amongst themselves, many will seek intervention and guidance from the courts. Typically, when a court makes a determination in a family law case, it will issue an order setting forth its ruling. The order then becomes the…