Wilful Disobedience? A Brief Guide to Contempt in California

You’ve been fighting with your former spouse to get him or her to pay child support, and nothing seems to be working. There is even a court order in place, but he or she ignores your calls, emails, and texts. What else can you do? When someone violates a California court order they can be found in contempt of court, provided these four elements can be proven: There is a valid, written and signed court order Read More

How to Make Mediation Work for your California Child Custody Case

In California, an increasing number of divorcing couples are using mediation to resolve child custody matters. Unlike litigation, mediation gives parents the opportunity to work together and come up with a custody arrangement that is in the best interests of the children. The cooperative attitude that the process requires can carry over into the future, resulting in a lifetime of successful co-parenting. There is Read More

The End of DACA: What’s Next for America’s DREAMers?

Few things are more worrying than the prospect of being forced to leave the place that you have always called home. If you’re one of the people affected, you’re probably anxious to know how this affects you. The Trump administration’s decision to phase out the Deferred Action for Childhood Arrivals (DACA) program means that over 800,000 young people throughout the United States may be facing this possibility in a Read More

Understanding Annulment in California

Imagine this scenario. Greg is a San Jose computer programmer who has fallen in love with Simone, a French national who is situated in his department. Simone holds an H-3 nonimmigrant visa, and has come to Greg’s office to receive training in a computer communications system not currently available in France. Before her visa expires, he asks her to marry him. She accepts. Within months after Greg and Simone Read More

Understanding California Move Away Cases

It is never easy to separate a child from a parent. The separation may leave a significant impact on the child’s development and overall quality of life. It will affect the amount of time the child will spend with the other parent. Depending on the age of the child, they may not be mentally or emotionally capable of understanding the current situation between the parents’ separation/divorce. This is why “move Read More

What’s Yours is Ours: Social Security Benefits After Divorce

California family law has a presumption that under most circumstances, property acquired by either spouse while married becomes part of the marital estate and is subject to division upon divorce. There is one notable exception, and that is Social Security benefits. This is because these payments are governed by federal instead of state law, and a California judge lacks the authority to divide them after Read More

Custodial Timeshares: Creating Schedules That Work

In California, there are two types of child custody orders: legal and physical. The latter calls for the establishment of custodial timeshare agreements, which indicate how much time each parent spends with their children and, consequently, how much child support the parent with primary custody is entitled to receive. If a parent has sole physical custody, then the child lives with them and unless circumstances Read More

The Difference Between Legal Custody and Physical Custody

Child custody cases can be confusing, and one of the questions we’re often asked is, “What is the difference between legal custody and physical custody?” Here’s our explanation. Both of these terms have to do with the parent’s, or legal guardian’s, rights regarding their children’s care. These child custody issues generally become an issue during a divorce, when new arrangements must be made regarding the Read More

Divorcing in California When Married Abroad

A frequently asked question in my family law firm: “I am Hindu, married in India. Can I get a divorce here?” In the years that I have been operating my law firm, the same questions have come up, time and time again. One of these common questions is regarding whether a couple can get a divorce here in the United States, if they were married in India. I’ll answer this question here, and explain exactly why it is the Read More

Moore Marsden Calculations: Dividing the Family Home in a California Divorce

Dividing the family home is arguably one of most of the most complicated and contentious parts of a California divorce. The matter of division becomes even more difficult when one spouse bought the home while single and had a mortgage that was partly paid off during the marriage. California family law grants the right for one spouse to be reimbursed for either (or both) of the following: Separate property Read More