The California legislature has enacted several new laws that may affect your family law practice. Here’s an overview of some of the key statutory changes you need to know about. Continue reading
When the parties can’t come to an agreement, a child custody evaluation by a mental health professional can help judges by giving an assessment of the family, each parent’s capacity to parent, and the children’s needs and capabilities. Whether the motion for the evaluation is made by the judge or one of the parents, here are some important considerations for you and your client to discuss. Continue reading
Millennials appear to be less likely to marry and more likely to live together. As the Huffington Post explains, “[c]ouples are now more apt to consider cohabitation as their next stage in their relationships before they begin to consider marriage.” Attorneys who are used to preparing prenups and postnups for their marrying clients may need to prepare more cohabitation or “living together” agreements—the next big thing may be nonups! Continue reading
When a marriage hits a rocky stage, a postnuptial agreement might be just the thing to restore trust and put things back on a smoother track. Beyoncé and Jay-Z may have thought so, as they reportedly entered into a postnup after a well-publicized martial rough patch. Here’s what you need to know about postnups. Continue reading
According to an alarming 2014 FBI study, nearly 68% of homicides involved the use of firearms, with over a quarter of victims killed by a family member. From these numbers alone, it’s clear to see the urgency of a client’s situation if he or she says a family member may resort to violence. One way to protect your client is to seek a gun violence restraining order.
Although you can’t predict what will happen in custody cases, you should draft standard language in custody agreements and court orders that will address common problems that arise in joint legal and physical custody situations. Doing so will help align parental expectations and minimize conflict for children.
Support issues are difficult enough when the parties are solvent, but what happens when one of the spouses goes through bankruptcy? Can support obligations be discharged? And on the other side, can the receiving spouse still collect if he or she files for bankruptcy?