In a recent decision in In re Marriage of Clarke and Akel, the Court of Appeals held that a prenuptial agreement was not enforceable against the husband who drafted the agreement because he was unrepresented and did not have the benefit of the statutory seven-day review period. The law provides that a party to a prenuptial […]

When you sign a USCIS I-864 Affidavit to sponsor an immigrant to the United States, you are swearing to provide financial support to said immigrant for the length of ten years at a certain level above the poverty guideline.  A recent California case, In re Marriage of Kumar, the Court found that the federal obligation […]

How does a finding of domestic violence between the parties affect their divorce or custody case? Such finding may result in a denial of spousal support to the abuser and affect the abuser’s custodial rights.  California Family Law Code section 3044 provides as follows: “Upon a finding by the court that a party seeking custody […]

Child Custody and Visitation CA

Studies show that approximately 40% of children will experience the breakup of their parents’ marriage prior to turning 18 years old.  Children of divorced parents are more likely to experience emotional and behavioral problems in comparison with their peers. Although there is a belief that some children are better off with divorced parents than living […]

So you’re getting a divorce.  As you are planning your exit strategy, the first thing your friends and family will tell you to do is to get a lawyer.  Of course, they tell you that because they care for you and want to protect you, but is that necessarily the best course of action? If […]

What do Social Security disability benefits have to do with family law? Before we discuss how social security benefits may affect a divorce or support case, first we must distinguish the types of Social Security benefits.  There are two basic types: one is an insurance claim and the other is a welfare program.  The insurance […]

Pension plans are complex assets that must be divided through the use of a Qualified Domestic Relations Order.  Many spouses have a divorce judgment which provides for a division of the pension plan.  However, since payments from the plan do not commence until the participant spouse retires, many people failed to obtain a QDRO subsequently […]

In some marriages, pension benefits accumulated from one spouse’s employment may constitute the largest source of income for the spouses.  Moreover, the pension plan itself may be the largest community asset.  There are various situations where the court is called upon to address how the spouses share the future payments from the pension plan as well as the […]

Do you need to obtain a domestic violence restraining order against your ex-partner, former spouse or someone you used to date? Do you have questions as to whether the conduct of that person rises to a level that will satisfy the standard for a restraining order? In California, Family Law Codes sections 6320 and 6203 […]

In 2011, California has more than 240,000 consumer bankruptcy filings which account for approximately 17 percent of the filings nationwide.  While a bankruptcy allows a person to reorganize and/or discharge personal debts, the bankruptcy taints the filer’s credit score and remains on the credit report for up to ten years.  If your former spouse files […]