California business owners face a unique set of challenges when they divorce. By law, a divorcing business owner may be required to hand over up to 50% of their interest in a business to their ex. Several factors determine the division of a business during divorce, even in a community…
In many cases in which a couple gets divorced if there is a disparity in income between the spouses, the court will grant spousal support to the lesser earning spouse. The intention of spousal support is to allow the spouse with a lower income to enjoy the same lifestyle he…
Accidents can happen at any time—house fires, car accidents, worker’s compensation claims, and injuries to life and limb, to name a few. A civil lawsuit or claim may continue for years after the injury. Sometimes civil claims arise while a couple is in the middle of a divorce. Which raises…
California law does not allow retroactive modifications of child support orders. However, it does recognize what are known as “Jackson Credits” to resolve child support arrears cases. If you believe you are eligible for a modification of what you owe in support, here is what you need to know. …
The California family law courts generally try to preserve parental rights, and in cases in which a parent is estranged from a child, they may order reunification services to help repair the parent-child relationship. In some cases, however, the court will find that reunification efforts will not be beneficial to…
It is not uncommon for a couple in the process of divorcing to become contentious, and in some cases, contention can lead to violence. Frequently, both parties commit acts of domestic violence, and therefore, the California courts are permitted to enter mutual domestic violence restraining orders. In the recent case…
In California, one of the most common questions that arises when it comes to divorce is, who gets the house? When couples divorce, they often tie deciding who gets to house to child custody, financial arrangements, and negotiations for other marital property. So if the ex-spouses do not agree, things…
In any family law case in which the custody of a child is at issue, the court’s foremost concern is to develop an arrangement that is in the best interest of the child. While typically custody will be divided between a child’s biological or legal parents, in some cases the…
In many divorce cases, the parties’ rights and obligations are delineated by a premarital agreement. Premarital agreements are typically enforced unless either party can show just cause for setting aside the agreement. Recently, the Court of Appeals for the Sixth District of California discussed the issue of what constitutes sufficient…
In our current world, when a couple divorces it is not uncommon for one parent to move to another state. In most cases, the state that originally decides a custody matter retains jurisdiction over the matter, and other courts must abide by the original court’s order. The Court of Appeals…