Can I Make My Spouse Move Out During a Divorce?

If you and your spouse are currently sharing a home and one of you has filed for divorce or is considering filing for divorce in California, you may wonder what will happen next.  For many, the issue of staying in the family home during the divorce and potentially after the divorce  is important. However, you may not want to continue …

Can I Move the Children Out-of-State During or After Divorce?

If you are co-parenting a child but live separately from the child’s other parent, there are a host of complex legal issues you may have to work through when it comes to California child custody and visitation. Often, the most difficult issue that arises is when one parent wants to move to a different location or to a different state. If you move …

How is Child Support Calculated in California?

Every child is entitled to financial support from both of his or her parents. As such, if two parents are not raising a child together, child support is generally required. Child support is mandated by law and if there is a support order in place, the support must be paid or there are consequences including the potential for jail time. …

Transmutation: The Transfer of Property Between Spouses in California

A transmutation is a transfer of property between spouses whereby the characterization of the property changes as a result of the transfer. The Problem:  Either 1) estate planners in pursuit of a significant tax benefit applicable to the transfer of community property to a surviving spouse cross the line by accidentally transmuting separate property to community property upon funding a …

The Enforcement of Premarital Agreements upon Death

Spouses often enter into premarital agreements to define their respective property and support rights in the event their marriage terminates by way of dissolution. The premarital agreement will also usually define the parties’ rights to share in each other’s estate upon death by requiring specific inheritance provisions to the surviving spouse and/or waivers of statutory inheritance rights. The surviving spouse …

Who Should Move Out of the Family Residence During a Divorce?

Many married couples own property together, and the question of what should happen to the family home can become a contentious one in divorce. Unfortunately, as soon as a couple decides to separate or split up, a decision will need to be made as to who should stay in the family home even before the divorce is granted. This means …

What is the Difference Between Seeking a Legal Separation and a Divorce?

If you are no longer happy living with your spouse, then you may be considering separating your legal partnership.  There are a couple different possible steps that you can take in order to formally split from your spouse. One option is a legal separation. The other option is a divorce. What is the Difference Between a Legal Separation and a Divorce? A legal …

What Are the Grounds for Having a Marriage Annulled in California?

Having a marriage annulled is different from getting a divorce, and a legal annulment is different than a religious annulment such as one performed by the Catholic church.  When you secure a legal annulment, it is as if the marriage never happened in the eyes of the law.  Many people prefer this in order to avoid the stigma that they …

Who Gets to Decide Where The Kids Go To School?

When two people share a child but are separated and not raising that child together, many issues can come up when it comes to important decisions for the child. For example, when the child begins school or transitions to a new school, someone will need to determine what school the child should attend. Who Decides Where the Kids Go To …

2013 Estate and Gift Tax Law Changes

The estate and gift tax imposes a tax on assets an individual owns at death and assets gifted during life in excess of the exemption amount.  Gifts and estates in excess of the exemption amount were subject to a federal tax ranging from 35-45%.  The exemption amount has fluctuated dramatically in the last decade making estate planning difficult as we …