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
The Benefits of Mediation in a Child Custody Dispute
Here’s a few reasons why mediation is beneficial in many divorce cases, especially those that involve child custody and visitation. Divorce is rarely an easy undertaking, but it becomes far more difficult when there are children involved. Luckily, there are ways to make the process go more smoothly. Mediation is one of these ways. What is Mediation? Mediation is when parents hire a neutral, confidential third Read More
The Dangers of Domestic Violence, and How You Can Help
What is domestic violence? Domestic violence occurs when physical assault and battery, willful intimidation, threats, controlling, and other harmful behaviors occur between people in a committed relationship. Both husbands and wives can suffer from domestic abuse, and if there are children in the home, the children often suffer as well—whether firsthand or secondhand. The dangers of domestic violence can be dire: Read More
California Division of Assets: How Restricted Stock Units Are Treated in a Divorce
Restricted stock units (RSUs) are becoming a more common type of equity compensation for California employees. Instead of getting the stock immediately, they receive it according to the terms of a vesting plan and distribution schedule after remaining with the company for a certain amount of time or achieving performance milestones. Upon vesting, they are considered income and a percentage is withheld to pay taxes. Read More
