Is There Payback for Marital Infidelity?

Cheating on a spouse can be expensive. And it’s common for a spouse involved in marital infidelity to use community property financial resources to fund the affair. Can the cuckolded spouse get paid back on divorce? Continue reading

6 Tips for Co-Parent Communication

When there are challenges around communication while co-parenting after divorce or separation, a parenting plan, either court ordered or by parental agreement, can structure the ways in which co-parents will communicate about their child. Including communication terms in a parenting plan can help to deescalate conflict, decrease misunderstandings, ensure that both parents have access to vital information, and insulate children from exposure to adult conflict. Continue reading

How to Change a Child’s Last Name

When a parent leaves a child’s life, that parent can leave a surname behind. This can happen after the parents break up or divorce, or when a parent abandons a child. After the departure, the custodial parent may want to change the child’s surname. Continue reading

Revocation-on-Divorce Statute May Have Retroactive Reach

When the marriage is over, former spouses usually want their property to go somewhere else when they die. At least the revocation-on-divorce statute assumes this is so and renders transfers made to the other spouse null and void. The statute became effective in 2001, but it now looks like it may affect transfers made before then. Continue reading

5 Ways to Deal with the Family Home in Divorce

When dealing with a family home that’s entirely or substantially part of the parties’ community property, the facts of the situation will lead to taking one of the following five approaches in the divorce agreement. Continue reading

Family Law Attorneys: Be Ready for Immigration Issues

thinkstockphotos-469487500President Trump’s recent actions on immigration have occupied much of the news. But immigration issues have long occupied the thoughts of California’s family law attorneys. When clients are immigrants or have immigrant spouses who aren’t U.S. citizens, they may face some unexpected hurdles as they navigate the court system. Continue reading

New Year, New Laws for Family Law Attorneys

thinkstockphotos-498422290The 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

4 Considerations for Child Custody Evaluations

question_133773471When 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

Using Postnups to Renegotiate a Marriage

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

Preparing for Child Custody Problems

ThinkstockPhotos-518751523Although 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.

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