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

Blog Posts in 2015

  • 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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  • Will a domestic violence finding affect my claim for sole or joint custody of our Children?

    Will a domestic violence finding affect my claim for sole or joint custody of our Children? An action under the DVPA (Domestic Violence Protection Act) seeking a restraining order often is necessary to protect parties from abuse or domestic violence perpetrated by the other spouse or significant other. At times, it is effective in preventing harm to one of the parties. At the same time, this ...
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  • Why is the Date of Separation Significant in Divorce Cases?

    Why is the Date of Separation Significant in Divorce Cases? If you are contemplating divorce, have you ever wondered the exact date you "separated" from your spouse? The date of separation is one of the most litigated issues in a divorce case. Its determination can have a significant economic consequence in the outcome of the case. The reason being, a spouse's "earnings and accumulations" after ...
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  • Do I need a Premarital Agreement before getting married?

    In the absence of a premarital agreement, the general community property presumption under California family code section 760 controls which provides " ….all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property." Family Code §760. This becomes a problem if you are the spouse that has the substantially ...
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  • Disclosure and characterization of overseas assets in divorce

    In a divorce proceeding, people sometimes have a misconception that the only assets or properties that have to disclose assets and properties situated in California. Even worst, sometimes parties even think that since an asset or property is situated in a different country or state, that property is not community property and not subject to division in California family court. One has to ...
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  • How Courts determine Child Custody in California

    How Courts determine Child Custody in California One of the most emotional aspect of a marital dissolution case is dealing with Child custody issues. Sadly enough, this is an area where most parents play games with each other trying their best to deprive the other parents of their right to maintain relationship with their child. Child custody comes in two parts, 1) physical custody and 2) legal ...
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  • Dressing and Conducting Yourself for Family Court

    It is commonly the case that those who need to appear in family or divorce court have little courtroom experience. While it should have no direct bearing on your case, it is always recommended that families and individuals who must attend a court hearing take careful note of what they wear and how they conduct themselves. If you appear and act as if you are taking the legal matter seriously and ...
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  • Should You Consider Collaborative Divorce?

    Not all families are created equal, and the kind of divorce that you and your family may need can also differ. One option that families separating from one another have is going through the traditional divorce process, attempting to settle their differences in mediation, or embarking on collaborative divorce. Collaborative divorce is not an option for those that are seeking an intensive litigation ...
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  • Pet Custody: "What Will Happen to My Dog?"

    Are you wondering what will happen to your furry loved ones during the course of your divorce ? You aren't the only one. In fact, increasingly throughout the state of California, splitting couples have been coming to blows over who will be able to keep their pets following the dissolution of their marriage. Unfortunately, there are no explicit pet custody laws in the state of California like there ...
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