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Spousal Support in California, law and expectations.

  Spousal Support in California and In re Marriage of Ackerman, 146 Cal. App. 4th 191 Spousal Support in California, also known as alimony, has deep historical roots in family law. Traditionally, it was based on the idea that upon divorce, the spouse who was economically dependent or disadvantaged due to the marriage should receive...

Navigating Divorce and Child Custody

Introduction: Navigating Divorce and Child Custody are emotionally challenging and legally intricate matters that can significantly impact the lives of all parties involved, especially the children. When facing these delicate issues, the importance of hiring the right family law attorney cannot be overstated. A skilled attorney can serve as a guiding light through the complexities...

Is it mandatory to meet the residency requirements to file for divorce in California?

FILING FOR DIVORCE IN CALIFORNIA – RESIDENCY REQUIREMENTS To file for divorce, either husband or wife must meet the following residency requirements stated in California Family Code Section 2320(a): 1. You or your spouse must have been living in California for the last six (6) months and 2. You or your spouse must have been...

Domestic Violence Temporary Restraining Order, DVTRO

Domestic Violence Temporary Restraining Order, DVTRO.   The court may issue a domestic violence temporary restraining order (DVTRO) enjoying a party, besides other actions, from disturbing the peace of the other party. Disturbing the peace of the other party refers to conduct that, based on the totality of the circumstances, destroys the mental or emotional...

Post-Marital Agreement. Are you buying a house or starting your business and want it to be your separate property? Make sure you and your spouse sign a post-marital agreement.

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...

A Premarital Agreement also known as a Prenuptial Agreement (Prenup)

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...

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.

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...

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.

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,...

Imputing Income on a Spouse Who Receives Child Support & Spousal Support and Refuses to Work

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...

The Court will resume services on 5/26/2020. Family Law cases and new rules…

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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