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 […]

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 […]

Benjamin Franklin once said, “[i]n this world nothing can be said to be certain, except for death and taxes.” What if death happens in the midst of a divorce or after judgment has been entered in a divorce case?  California law provides that if a party dies while a divorce case is pending, then the […]

Getting divorce is an expensive undertaking.  In some cities, it can cost on average $20,000.00 per party in a divorce case.   In California, “[a] small trial can run from $40,000 to $80,000 in California (on the low-end) to $75,000 to $150,000,” says family law attorney Steve Mindel. Read more: http://www.businessinsider.com/cities-where-getting-divorce-will-cost-you-2013-11#ixzz3F1Acv479 But there is an alternative to getting […]

Top Five Myths about the Divorce Court Whenever I meet with potential clients, I become more and more convinced that there is a rumor mill floating out there filled with misconceptions about the divorce court.  These misconceptions about the divorce proceeding and the divorce court system are even shown in movies and other media outlets.  […]

Did you file for a legal separation? Did you change your mind and now want to seek a divorce?  Fortunately, the process is quite easy in California to change your legal separation petition to a petition for marriage dissolution.  If your case is still pending, you can file an Amended Petition using Judicial Form FL-100 […]