Kenneth U. Reyes, P.C Legal Blog Know Your Rights & Legal Options

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    On June 26, 2013, the US Supreme Court struck down section 3 of the Defense of Marriage Act (DOMA) as unconstitutional in the landmark case US. V. Windso r. The BIA shortly thereafter issued a decision in Matter of Zeleniak holding that DOMA is no longer an impediment in recognizing same-sex couples under the immigration and Nationality Act . Matter of Zeleniak, 26 I&N Dec. 158 (BIA 2013). This ...
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  • When exactly am I considered Separated from my Spouse in a Divorce case?

    The date of separation is one of the most important facts to determine in a divorce case because it defines when the community interest ends and when separate property interest commences in a marriage. All property acquired by a married person while domiciled in the State of California is community property. Family Code Section 760. That means any property acquired by either spouse regardless of ...
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  • How Long Will the Divorce Process Take?

    In California, the divorce process will take a minimum of 6 months, though it may vary depending on a few other deciding factors. Just as each marriage is different, each divorce may work differently depending on how the couple decides to handle their split and how they lived together as a married pair. If a couple shares children together or owns a high number of assets, for example, the divorce ...
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  • When Can Child Support or Spousal Support Be Modified?

    As families grow and change over time, certain legal obligations must sometimes be modified to reflect those changes. When a couple goes through a divorce or separation, the fallout can sometimes result in court-ordered child support or spousal support. These payments are meant to make daily life expenses bearable for everyone in the family and can be very helpful and necessary in certain ...
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  • Can I Get Reimbursed For My Separate Property Contribution From All Subsequent Community Properties Purchased During Marriage?

    Question: I contributed money which I saved before the marriage into purchasing a property during the marriage which I acquired with my spouse in joint name. During the marriage we cashed out most of the equity in that house to purchase several properties. The first house we purchased no longer has a lot of equity due to the cash out refi but the subsequent houses we purchased has a lot of equity. ...
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  • Provisional Waiver of Unlawful Presence Bar expanded to cover more Immigrants

    The USCIS announced the final rule expanding the existing provisional waiver to allow certain family members of US Citizens and lawful permanent residents to apply for the provisional waiver of unlawful presence. 8 CFR Parts 103 and 212. The final rule goes on effect on August 29, 2016. Prior to this expanded rule, only immediate relatives of US Citizens were eligible to request provisional waiver ...
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  • Disclosure Of Text Messages, E-Mails, And Facebook Info Of A Spouse Or Significant Other May Constitute Domestic Violence

    Domestic violence is abuse perpetrated against a spouse, former spouse, cohabitant, former cohabitant, a girlfriend, a boyfriend, the mother or father of your child, your child. Family Code Section 6211. Abuse is not limited to the actual infliction of physical injury or assault. Family Code, § 6203(b). A court may issue an order enjoining specific acts of “abuse” (§ 6218, subd. (a)), which are ...
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  • Domestic violence victims can terminate tenancy

    VICTIMS OF DOMESTIC VIOLENCE CAN TERMINATE A LEASE ON WRITTEN NOTICE TO THE LANDLORD A tenant may terminate his or her tenancy on written notice to the landlord that the tenant, or a household member, is a victim of domestic violence, sexual assault, stalking, human trafficking or elder or dependent adult abuse . Civil Code § 1946.7 Code of Civil Procedure Section 1946.7 provides (a) A tenant may ...
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  • I filed my own divorce but I am having problems finishing it

    Many people try to file and open their own divorce case without an attorney in an effort to save on legal fees. Often, the self-represented divorce litigant would seek the assistance of the court facilitator’s office in preparing the papers to open their own divorce case. However once the divorce case is opened, many self-represented petitioners are not able to finish their divorce case to ...
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  • Four ways filing for divorce benefit your immigration case

    Couples get divorced for various reasons. California is a no fault state. The reasons why a couple is getting divorced are often irrelevant to the issues of the family law case. Divorce is often a difficult and negative experience for most families. However, getting divorce may have some unintended benefits in the immigration law arena. Four situations in which filing for divorce can be beneficial ...
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  • Can a conditional greencard holder file an immigrant petition?

    Beneficiary spouse of marriage based immigrant petition’s where the marriage was less than 2 years old at the time of the immigrant visa or status was approved are issued a 2 year conditional green card. In order for these immigrants to obtain their permanent green card, the immigrant has to either file a joint petition to remove the conditional permanent residence before the end of the 2 years or ...
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  • Early Filing of Adjustment of Status Application and Work Authorizations available October 2015

    Early Filing of Adjustment of Status Application and Work Authorizations available October 2015 The Department of State and the USCIS revised the procedures for determining visa availability for applicants waiting to file for adjustment of status. The revised procedure will be available beginning October 2015. In the past, an adjustment of status applicant cannot file for adjustment of status ...
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  • Do you need to be living in separate residences to be considered "Separated" from your Spouse under the California family law?

    Family Code 760 provides that all property acquired by the spouse during the marriage is community property. That means each spouse has a half interest on any assets that are acquired during the marriage, with certain exceptions, since it is generally characterized as community property. On the same token, Family Code 771(a) provides that earnings and accumulations of a spouse while living ...
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  • Can a Divorcing Couple agree to pay for their adult children's college expenses in their Divorce Judgment?

    Divorcing couples with children sometimes worry about who is going to pay for their children's college education after the divorce once their children graduates high school. They want a guarantee that their soon to be ex-spouse will share in the college expenses of their children. This is specially the case when the other spouse has moved on with a new family. The old family becomes less of a ...
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  • Can I qualify for a green card despite the Petitioner's Death?

    Can I qualify for a green card despite the Petitioner's Death? Consider this common factual situation. You are over 21 years old and your US citizen parent petitions you while you are inside the United States. Since this is a preference category, you have to wait many years for your priority date to be current. As the years go by, your petitioning parent dies which in turn revokes the petition. ...
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