20
Dec
Family Code Section 852 provides that “(a) A transmutation of real or personal property is not valid unless made in writing by an express declaration that is made, joined in, consented to, or accepted by the spouse whose interest in the property is adversely affected.” The caveat is that this section “does not apply to […]
03
Dec
Family Code Section 2104 requires each party in a marriage dissolution matter to serve on the other party completed California Judicial Council forms executed under penalty of perjury that include the following information with sufficient particularity: “(1) The identity of all assets in which the declarant has or may have an interest and all liabilities […]
29
Nov
Section 372 of the Code of Civil Procedure stated that when an incompetent person is a party to a lawsuit, he or she must appear either by a guardian or a conservator of the estate or by a guardian ad litem appointed by the court. A conservator is generally appointed for individuals who lack mental […]
25
Sep
California law requires parents to attend a mediation prior to any hearing on custody or visitation issues. Once a party files a request for the court to decide an issue relating to custody or visitation, the court will set a mediation date for the parties which will take place prior to the hearing. At […]
24
Sep
When two married people with children decide to get a divorce, they have to decide on how to share physical and legal custody of their children. Generally, the parties will share joint legal custody of the children. What exactly is joint legal custody? Family Code section 3003 stated as follows: “Joint legal custody” means that […]
07
Sep
The ten-year marriage rule has been getting increased attention from many people, especially those seeking to get a divorce. Some people think that they don’t have to pay spousal support if the marriage is under ten years. Some people think that they have to pay child and spousal support for life if the marriage lasted […]
31
Jul
“Separate property” is legally defined as 1) any property owned before marriage, 2) property acquired during marriage by gift, bequest, devise or descent; 3) the rents, issues and profits generated by separate property and 4) any earnings and accumulations by the parties after they separated with no intention to resume the marriage. A better explanation […]
31
Jul
“Community property” is defined as all property acquired by a married person during marriage while domiciled in California including all out-of-state property owned by the spouses. Community property excludes each spouse’s “separate property,” any earnings and accumulations that accrued while the spouses are living separately and apart, community property that has been changed to separate […]
17
Jul
In cases where parents are continuously returning to court for disputes pertaining to their children such as custody, visitation, education or medical decisions, family counseling may help reduce the parties’ conflicts and teach them how to communicate better and how to work toward a successful co-parenting relationship. Under Family Code section 3190, the court can make […]
29
May
Once you have filed your divorce papers, or Petition for Dissolution of Marriage, there are four automatic restraining orders listed on the summons which will be served on your spouse. It is crucial to pay attention to these restraining orders as they are in place during the pendency of the divorce. 1. Child-move aways: The […]