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If parents are divorced, separated, never married or live apart but share custody of a child or children then the parents should understand the rules that govern claiming dependent children as tax exemptions. The Internal Revenue Service (IRS) allows only one parent...

The term "parental alienation syndrome" was first associated with contested child custody cases in 1985. The term sought to give an explanation regarding children that developed negative feelings about one parent without justification. However, parental alienation has...

Electronically Stored Information or "ESI" includes all information that is created, maintained and/or stored using electronic means. ESI includes but is not limited to emails, text messages, social media, direct messaging, cloud storage, hard drives, thumb drives,...

You have scheduled an initial consultation with a family law attorney and want to facilitate the best possible assessment. The best way to prepare for the initial consultation is to make a list of questions and bring copies of relevant documents for the attorney to...

Studies reflect an increase in children born to unmarried parents over the past generation. But what happens when expectant parents breakup?  Whatever issues lead to the breakup of your relationship, the expectant parents still have rights and responsibilities to...

It is that time of year again that all parents look forward to all summer - Back to School! But if your family is transitioning through a divorce, the excitement of going back to school may also include the stress from children living in separate households. Below are...

After resolution is reached in a dissolution of marriage, either by agreement or litigation, there are still additional actions that need to be taken to complete the transfer of assets or obligations. These actions fall on the parties to complete such as removing a...

In contested custody cases, a court may order or the parties may agree to appoint a neutral party to collect data and make recommendations regarding custody and visitation. In California, the authority to order this evaluation is Evidence Code Section 730 and often...

The court has determined that cryptocurrency is "money" or "property" making it subject to valuation and division.  However, with the rise of cryptocurrency, it has become harder to discover hidden assets because digital assets are traded on a decentralized network....

It is that time of year again - tax season! Nothing instills fear and dread like filing tax returns except for filing tax returns pending a divorce. There are several considerations that should be reviewed with a tax professional and your family law attorney before...

The Court shall apply statutory guidelines when evaluating requests related to child custody and visitation. The first consideration in all custody cases is the child's best interest followed by ensuring frequent and continuing contact with both parents. However, the...

It has been said that marriage only ends two ways - in death or divorce. If both parties are alive and well but one or both want to end the marriage, there are several avenues the parties can pursue but all settlements must ultimately be approved by the Court.  The...

The State Bar certifies attorneys as specialists who have gone beyond the standard licensing requirements. The area of family law is one of only 11 areas of law in California that recognize this level of expertise. In order to qualify as a legal specialists, the...

After you successfully dissolve your marriage and divide the community estate, it is time to consider your estate plan as a single person. If you already have a plan, it is imperative that you review the terms of your agreement and make changes that reflect your...

Often the family residence is the most valuable asset in a marriage and deciding what to do with the house when the marriage breaks apart is a hard emotional process because the family home holds many sentimental memories. However, the objective of the family court is...

California is a no fault state for purposes of seeking to dissolve a marriage.  However, the filing party still has to state grounds before the court will grant a dissolution of marriage. The only grounds available before the court may grant a dissolution of the...

All family law matters are emotional and stressful for the participants but some escalate when domestic violence is present in the household. It is important to note there is a distinction between the emotional discourse that occurs during the breakdown of a family...

Sometimes during the course of a marital dissolution proceeding it becomes necessary for other legal proceedings to be initiated. One such proceeding that may arise is Bankruptcy. Unlike marital dissolution proceedings which are governed by state law, Bankruptcy is...

The Family Court shall divide the community estate equitably including any interest the parties have in real property. A common scenario arises when one parent wants to remain in the family home but cannot afford to buy out the other spouse.  The parties may agree to...

When initiating divorce the parties often overlook securing technology because their immediate focus is usually on disruption to the family dynamic and finances. However, failure to manage your digital life can have catastrophic effects on family harmony and should be...

When filing to end a marriage, the parties can choose to file for legal separation or dissolution of marriage. Most parties choose dissolution rather than legal separation. A judgment of dissolution terminates the marriage and restores the parties to the status of...

There are several decisions that parties going through a divorce or legal separation will have to make that will impact their future. One area often overlooked is health insurance coverage during the proceeding and after a judgment for dissolution is entered. Upon the...

Litigants in family law proceedings frequently submit written declarations that include sensitive financial information or private personal matters. Many litigants would prefer to keep this information private but like other civil matters, family law cases are open to...

Generally, the community estate is liable for a debt incurred by either spouse before or during marriage, regardless of who incurred the debt or has control over the debt. But the community estate ceases upon the date of separation, so there are special rules for debt...

Earlier this year, Bill and Melinda Gates announced their separation and pending dissolution of marriage calling attention to a growing trend of divorcing after age 50 known as "Gray Divorce".  This trend has been increasing while the divorce rate among younger people...

A marriage can only end in two ways - divorce or death. And in some cases, a death can occur during the divorce process causing new issues to arise. Therefore, it is important to review any estate planning documents such as any prenuptial agreements, wills or trust...

After you have decided to end your marriage, there are several difficult questions that need to be addressed including whether to hire an attorney. The first step is to call your local family law attorney and schedule an initial consultation. The phone call is...

A Summons is issued upon the commencement of every dissolution of marriage action and include automatic temporary restraining orders (or “ATROs”) that are set forth on the second page of the form. The ATROs take effect against the parties depending on your filing...

Marriage is similar to a business when it comes to the assets and obligations acquired during the marriage; so when the marriage ends, public policy favors the full and complete disclosure of the community estate in order to reduce the adversarial nature of...

In a traditional family law case, the client retains an attorney to provide legal services on all aspects of the case from start to finish. However, there are some cases where the parties are self-represented but may only need the assistance of counsel for a limited...

Child support is calculated to provide for your child's basic living necessities. But what happens when your child needs braces or has an unexpected emergency room visit? These expenses are in addition to guideline child support orders and are generally shared between...

We have become a more mobile society and it is no longer uncommon for families to relocate for a variety of reasons. But what happens when you are separated or divorced with children and you or your former spouse announces a move that will impact your contact...

Now that you and your spouse have decided to end your marriage, it is time to consider hiring an attorney to assist you through the next steps. Most families benefit from bringing on competent family law specialists but people may hesitate to engage the services of an...

Not all dissolution of marriage actions are contentious and may even be resolved by a more simplified process known as Summary Dissolution if certain conditions are satisfied.  Summary Dissolution allows for the parties to submit their application to dissolve their...

Now that you and your spouse have made the hard choice to separate, your family will begin the transition from one household to two necessitating the creation of a schedule that allows the children to maintain relationships with both households.   Child custody and...

Summer Vacation schedules can always be a little challenging especially when child custody and each parent’s visitation schedules are involved. This year with Covid19 being a major factor in how people can travel and what destinations are open, it has made planning...

A stepparent’s role is vital in the well being of a child as another caring family member looking out for the child’s welfare and growth. A good stepparent can make the home a happier and safe place and provide a child with unconditional love, learning and quality...