You and your spouse have decided to divorce, so you know that all the cars, real estate, and other assets you acquired or received during the five years you were married are subject to division. But what about your credit card balances? Your spouse’s student loans? The money that your business owes to vendors and suppliers? California is a community property state, meaning that property acquired by a spouse during Read More

Although divorce has the potential to be a long, bitter, and costly undertaking, litigation is no longer the default method of settling matters like property division, child custody and support, and spousal support. Mediation allows you and your spouse to work with a professional mediator to come to a mutually acceptable agreement on these important issues. What is Mediation? How does it work? Mediated divorces Read More

There are two ways to legally dissolve a marriage in California: divorce and annulment. Although they achieve similar outcomes, divorce is the legal termination of a valid marriage while annulment is a confirmation that the marriage technically never existed. That is, once a union is annulled, it’s as if the couple was never married in the first place. Annulments are harder to obtain than divorces because Read More

When someone else is physically or verbally abusing you, California law has certain mechanisms in place to protect you. The most commonly used tool is the restraining order, which is a temporary or permanent court order issued to prevent someone from approaching or otherwise contacting you. Restraining orders, which primarily address family law issues like domestic violence, are often confused with protective Read More

There are few things more frustrating than dealing with a co-parent or former spouse who intentionally disregards a court order, whether it be to allow visitation, pay spousal support, or comply with any other condition of your separation or divorce. If you find yourself in this situation, contempt proceedings can force that person to obey the original order. California law is quite clear on the subject of who can Read More

In California family law, a ‘move-away’ case occurs when one divorced or separated parent wants to move to another geographic location with their children, leaving the other parent behind. Because the children are likely to lose regular contact with one of their parents, these situations are definitely one of the most difficult custody situations to decide. If the court permits the move, the non-custodial parent Read More

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

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

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