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POST-MARITAL AGREEMENT/ POST-NUPTIAL AGREEMENT What is a Post-Marital Agreement? The Post-Marital Agreement also known as a Post-Nuptial Agreement (Postnup) means an agreement between spouses regarding property. Family Code Section 1620 states, “Except as otherwise provided by law, spouses cannot, by a contract with each other, alter their legal relations, except as to property.”   The...
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PREMARITAL AGREEMENT “You can save a few thousands of dollars now and avoid hiring an attorney to prepare and negotiate your Premarital Agreement, BUT you can lose a fortune later. Spend money wisely.” Maria Rogova, Esq. What is a Premarital Agreement? The Premarital Agreement also known as a Prenuptial Agreement (Prenup) means an agreement between...
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Were you ordered to pay child support? You paid for a while and then stopped? If so, you owe not just child support arrearages, but also interest. Pursuant to Family Code Section 291(a) child support orders and judgments are enforceable until paid in full or otherwise satisfied. Hence, if you were ordered to pay child...
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Trust your spouse, but don’t be blind or deaf. Decided to transfer property rights, don’t forget to put it in writing. Marital Agreements and Transmutations.   We fall in love, get married and hope it will last forever. I hope you are right, but what if you are not? Spouses have to openly communicate with,...
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What is Imputed Income? Imputing Income on a Spouse Who Receives Child Support & Spousal Support and Refuses to Work.   Calculation of Child Support: The Court shall adhere to the statewide uniform guideline and may depart from the guideline only in the special circumstances. Please see California Family Code Section 4052. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=4052.   One...
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San Diego Superior Court will resume services on 5/26/2020. Unfortunately, if you have a pending Family Law case or are planning to open a Family Law case, you won’t be able to appear in front of the Judge. There are new rules public and attorneys have to follow.   Family Law Division:   As of...
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During Coronavirus pandemic (COVID-19) the number of Domestic Violence Cases can skyrocket. SAY NO TO DOMESTIC VIOLENCE… If you are in immediate danger stop reading and call 911 right now! Coronavirus has brought instability and fear in our society. The current shelter in place order is supposed to prevent a fast growing number of infected...
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Everyone needs personal time and their own space. Due to coronavirus and the current shelter rule we have been subject to some severe limitations. Common schedule before the quarantine: Monday – Friday: Wake up – (between 5am and 7am) Work out/Breakfast/Taking kids to school/Other personal errands (between 5:30am and 8am) Business hours (between 7am and...
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What Are the Automatic Temporary Restraining Orders In Summons (ATROS) in California? The Automatic Temporary Restraining Orders (ATROS) are mutual orders, which are summarized on the page 2 of the Summons (form FL-110). Only a few people actually read the Automatic Temporary Restraining Orders (ATROS). It is important to know that a failure to comply...
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What is an annulment? Grounds for and Consequences of… An annulment (or “nullity”) proceeding is maintained on the theory that, for reasons existing at the time of the marriage, NO valid marriage ever occurred. The marriage, from its inception, is either void or voidable. Void marriage is invalid per se, void from the beginning. Voidable...
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