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Stay informed on the latest trends and developments in family law with expert analysis, practical tips, and valuable resources to help you navigate the complexities of divorce, custody, and support issues. Whether you're seeking guidance or simply staying updated, our insights are designed to empower you with knowledge and clarity during challenging times.
How to Get a Marriage Annulment in California: The Ultimate Guide
If you are seeking an annulment of your marriage in California, you may feel overwhelmed and confused about the process. But don't worry, this guide is designed to provide all the information you need to know about getting an annulment in the state of California. We'll cover everything from the legal definition of an annulment to the required documents, costs, and timeline for the annulment process. By the end of this guide, you'll have a clear understanding of the annulment process in California and be well on your way to having your marriage annulled.
The Basics of Visitation Rights: Answers for Parents Who Have Been Denied Child Custody
Visitation rights are an important part of being a parent, whether or not you have been granted full custody of your child. If you have been denied child custody, you may be wondering what your rights are when it comes to visiting your child. In this blog post, we'll cover the basics of visitation rights and answer some common questions for parents who have been denied child custody.
How Much Does It Really Cost to Get Divorced in California?
Divorce is a difficult and emotional process, but unfortunately it is also a costly one. If you are considering divorce in California, it is important to understand the potential costs you may face. This blog post will provide an overview of the financial costs associated with getting a divorce in California, so that you can make the best decision for you and your family. We will discuss the average cost of divorce in California, as well as the various factors that can increase or decrease the total cost.
How 50/50 Custody Works in California (And Why It's the Best Arrangement for Kids)
50/50 custody arrangements are becoming increasingly common in California, providing an equitable arrangement for children to spend time with both parents. In this post, we'll discuss the basics of how 50/50 custody works in California, including how it's determined and the benefits it can provide to both parents and children. We'll also explain why 50/50 custody is often seen as the best arrangement for children, providing stability, security, and emotional support from both parents. Read on to learn more about 50/50 custody in California.
Everything You Need to Know About Family Law in California
Family law in California is a complex and often overwhelming area of the law. It covers a wide range of issues, from divorce and child custody to adoption and spousal support. With so much to consider, it can be difficult to know where to begin. In this blog post, we will discuss everything you need to know about family law in California so that you can make the best decisions for your particular situation. We'll cover topics such as filing for divorce, establishing child custody, the court process, and more. By the end of this post, you should have a clear understanding of how family law works in California.
Child Support in California: How It Works
If you are a parent in the state of California, understanding the basics of how child support is determined is important. The state of California provides guidelines for parents to follow when it comes to calculating and providing support for their children. In this blog post, we will discuss how child support is determined in the state of California and the factors that are taken into consideration. We will also provide an overview of the different methods for calculating child support and the resources available to help parents understand their rights and responsibilities.
5 Reasons Why You Might Need a Family Attorney
When it comes to family law issues, it is always best to seek the advice of an experienced family law attorney. The attorneys at Ashley A. Andrews, APC have a combined 30 years of experience with a Certified Family Law Specialist on staff and an in-house forensic accountant.
Parental Alienation
Parental alienation is a strategy whereby one parent intentionally displays to the child unjustified negativity aimed at the other parent. The purpose of this strategy is to damage the child's relationship with the other parent and to turn the child's emotions against that other parent. Parental alienation can take many forms.
Income Available for Support and Loan Principal Payments
I am prefacing this post with the disclaimer that divorce cases with these issues are complex. One can expect rounds of discovery including depositions and the need to retain forensic accountants. Why, you ask? Seems simple enough, right? Wrong. This is where you need to make certain that the family law attorney you hire is not only experienced with forensic accountants and has a working relationship with a good one; but also will not gouge you with attorney's fees and costs in this complex analysis.
Would You Like to Buy a Vowel?
If you as a self-representing litigant or represented and your attorney or the other side set your family law matter for a Trial Readiness Conference, Status Conference, Mandatory Settlement Conference or Trial Setting Conference, the logical next question is "what is next?" Here is a road map in Los Angeles County because the answer to this question is every lawyer's favorite: "it depends," and the answer really does.
No Asset or Debt Better Be Cryptic in Your Divorce, Including Cryptocurrency
Cryptocurrency is second only to Elon Musk talking about living on Mars when it comes to things I find fascinating. Cryptocurrency is also something that every family law attorney practicing in California should understand because, as we see in In re Marriage of Desouza (2020) 54 Cal.App.5th 25, it could mean big money for our clients.
You Have a Domestic Violence Restraining Order, Now What?
This post addresses restraining orders secured where the parties are married, divorced, had a child together, dating or used to date, live together or used to live together or are related within the second degree of affinity or consanguinity.
Retirement Age, Spousal Support Documents – Common Issues in a “Grey” Divorce
The terms “grey divorce,” “silver splitter” or “diamond divorcees” are terms used to refer to a demographic trend of an increasing divorce rate for older couples in long-lasting marriages. These particular types of divorce cases have their own particular types of issues. Marriage of McLain (2017) 7 Cal.App.5th 262 highlights just such issues.
Path of a Divorce Case
How long will my case take? This process is confusing. Why am I doing all of this work up front? Common questions I hear from family law clients and rightly so. Dissolving a marriage does sometimes take longer than all of us would like. The process does feel confusing because so many things are happening at once and need to happen at once. Doing work up front means preparation for settlement or trial and swifter preparation for settlement or trial means drafting and entering a judgment more quickly. To help my visual learners out there, I prepared a decision tree of sorts to show the steps in a divorce case. Let’s discuss them.
Wage Garnishment is Not a Swift Process, So Take a Seat
Garnishing wages is not as easy as some think. This is a good thing, because we want obstacles before this process is put in place. Once it is in place, it takes time to remove a garnishment order, which is why some obstacles are good. Here are the basics of the process.
Preventative Law – Legal Custody
Legal custody is essentially the right and responsibility of making decisions regarding a child’s health, education and welfare. Sometimes, failure to agree on legal custody issues during a marriage or relationship may lead to the end of that marriage or relationship. So, it makes sense to have the hard and challenging discussion about legal custody issues before getting married and certainly before having children.
Cutting Off a Spouse Financially
I believe every person, even those in relationships and marriages, should work; part-time or full-time. My reasoning is two-fold and founded upon the high cost of living in today’s world.
"But I Was Told I Can't Leave the House"
Potential family law clients in California will invariably recite during the initial consultation that they were told by a friend, neighbor, estate planning attorney…etc. that they cannot move out of the family home before or during their divorce or paternity case. The reasons given are a range of their ownership interest in the house will be forfeited (not true, not California law), they will be viewed as abandoning their house and face legal consequences (not true, not California Law), they will be viewed as abandoning their family and lose parenting time if child custody is an issue (not true, not California Law).The truth is, you can and probably should leave the family home in most situations.
Continuous Cash Gifts and the Williamson/Butterfly Effect on Spousal and Child Support
Continuous cash gifts from the parents of a spouse to that spouse or from the parents of a co-parent to that co-parent are magical. The cash gifts keep coming month after month with regularity and then, enter a family law action, they suddenly disappear like a butterfly with no promise to return. Were the cash gifts swept off in a breeze? Were they here for a few months? Or, did a parent get a deposition subpoena, lawyer up and decide to stop making the cash gifts?
Tracing 3.0
On appeal, wife challenges the trial court’s characterization of a majority of the cash and securities held in commingled accounts as husband’s separate property.Specifically, wife attacks a detailed tracing analysis performed by husband’s expert witness, upon which the trial court relied. The Court of Appeal concluded that the tracing is valid and constituted substantial evidence in support of the judgment. (Ciprari, supra, 32 Cal.App.5th at p. 89.)