Is someone who relies upon support payments from his or her ex-spouse (either for themselves or for any children they may have) affected when their former spouse or partner files for bankruptcy? When someone files for bankruptcy relief under Chapter 7 or Chapter 13, that person’s creditors must immediately stop all collection efforts on their […]
The best advice I give my clients about avoiding arrest and conviction for a drunk-driving charge is simple: Don’t drink and drive. Unfortunately, there are many people out there who fail to heed this simple advice. In these cases, there are a few important guidelines to keep in mind should you be among those pulled […]
When people come to me seeking advice and assistance on estate planning, it’s generally because they want to make sure their loved ones avoid the expensive and time-consuming process of probate. Horror stories around this issue occur all the time. Here’s just one: Barry, a retired surgeon with a large estate (including a house, many […]
The principle behind laws regarding child support in California is very simple. The parents of children born in the course of a marriage (or conceived out of wedlock) are legally responsible for the financial support of their offspring, regardless of whether or not those parents are living with their child(ren). Typically, an order for child […]
In California, there is a presumption that, in general, a mother and father (or domestic partners) can work together to raise a child jointly, even after they no longer live in the same household. This is referred to as “joint legal custody.” It involves collaborating on decisions that directly affect the health, welfare, education, and […]
In California, “community property” is defined as the marital interest in an asset or debt that was obtained or incurred between the date of marriage/registration of a domestic partnership and the date of separation. When I initially sit down with a client who’s going through a divorce or dissolution of domestic partnership, I start by […]
In general, “child custody” refers to all the important decisions regarding the raising of a child, including his or her health, education, and welfare. Custody is basically divided into two parts: (a) legal custody (the decision-making part) and (b) physical custody, as in who is responsible for the child’s physical well-being. Unless the parents share […]
If the time comes to meet with an attorney, it’s in your own best interest to come as prepared as possible. Being prepared saves time and money. Why? The more time an attorney needs to become familiar with your legal issue, the more expensive it is for you. Frequently, I’ll ask a client for bank […]
If you and your spouse face impending separation or divorce, there are important legal and emotional factors to consider. Whether you intend to hire a lawyer to represent you in Family Court or you wish to represent yourself, here are several things to keep in mind: Put a game plan together. The legal process of […]
Many issues arise in the course of a divorce proceeding but some of the most common (and most commonly misunderstood) relate to a couple’s marital residence. Who will live in the house while the legal action is pending? Can both spouses continue to reside there? Should they? Who’s responsible for maintaining the property (including general […]