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

Recent Posts in Family Law Category

  • 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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  • 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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  • 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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  • How to obtain Custody and Visitation Rights for Unmarried Dads

    How to obtain Custody and Visitation Rights for Unmarried Dads Establishing parentage rights for Moms is a lot easier than establishing one for unmarried Dads. Moms can establish this by simply showing proof of her having given birth to the child. Family Code §7610. Establishing parentage rights, including custody and visitation rights, becomes more problematic with unmarried Dads because proving ...
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  • I Want Out! Dissolution or Legal Separation?

    I WANT OUT! DISSOLUTION OR LEGAL SEPARATION? When the marital relationship sours to the point where one or both spouses believe that the marriage cannot be salvaged, three remedies are available to terminate or alter the marital status: dissolution, nullity, and legal separation. Under Family Code Sec. 2300, dissolution of marriage can be attained and the “single” status of spouses restored by 1) ...
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  • The Presumption of "Undue Influence" in Transactions Between Spouses During the Marriage

    THE PRESUMPTION OF "UNDUE INFLUENCE" IN TRANSACTIONS BETWEEN SPOUSES DURING THE MARRIAGE California law on the nature of spouses' rights and obligations with respect to management and control of community property has evolved over the last thirty years from less stringent “good faith” standards to heightened “confidential duty” and “fiduciary duty’ standards. Under current law, the duties owed ...
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  • Waiver of Joint Petition to Remove Conditional Permanent Residency on a Marriage Entered Less than Two Years

    Waiver of Joint Petition to Remove Conditional Permanent Residency on a Marriage entered less than two years The Immigration Marriage Fraud Amendments of 1986 (IMFA) requires an alien obtaining a green card through a marriage less than two years old to come back at the end of that two years with the petitioning spouse and show that they are still married or, if the marriage was terminated, to show ...
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  • Automatic Temporary Restraining Orders that are in Effect Upon Commencement of Divorce

    AUTOMATIC TEMPORARY RESTRAINING ORDERS THAT ARE IN EFFECT UPON COMMENCEMENT OF DIVORCE It is typical, if not natural, for Parties to a divorce case to start hiding assets and income from each other as soon as divorce is anticipated. Spouse's are thinking ahead of the game on how they can outsmart the other spouse so that they end up with the larger portion of the pie. This is a common reaction by ...
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  • Bifurcation and Status Only Divorce

    BIFURCATION AND STATUS ONLY DIVORCE The decision to terminate one’s marriage typically brings to the forefront many issues all at once. Issues pertaining to property, support, and child custody need to be addressed in a divorce proceeding. In a long term marriage especially, these issues are often heavily litigated between the spouses, and can take a significant amount of time to resolve. ...
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  • Breach of Fiduciary Duty in the Management and Control of Community Property After Separation

    BREACH OF FIDUCIARY DUTY IN THE MANAGEMENT AND CONTROL OF COMMUNITY PROPERTY AFTER SEPARATION The duties owed between spouses in the management and control of community property are the same with regard to those in a fiduciary relationship. The marital entity is one with the greatest degree of confidence. This confidential relationship imposes a duty of the highest good faith and fair dealing on ...
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  • California Court's Power to make Divorce Orders When One Spouse Does Not Live in California.

    California Court’s Power to make Divorce Orders When One Spouse Does Not Live in California This is a common question among people contemplating divorce in California when the other spouse does not live in the state. The California Courts has the power to grant a divorce, annulment, or legal separation if either party is domiciled in the state. Domicile is where a person lives and intends to ...
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  • Can I Renew an Existing Domestic Violence Restraining Order?

    Can I Renew an Existing Domestic Violence Restraining Order? The family court's could grant initial restraining orders, protecting victims of domestic violence, for a period of up to 5 years under family code §6345(a). This includes personal conduct orders, stay-away orders, and residence exclusion orders. What happens if your initial restraining order is about to expire and you continue to have ...
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  • Characterization of Gifts and Bequest during Marriage in Divorce Cases

    Characterization of Gifts and Bequest during Marriage in Divorce Cases Generally, property acquired during the marriage are considered community property. However, property acquired by “gift, bequest, devise, or descent” are the acquiring spouse’s separate property. The issue becomes more complicated when a gift is given under the name of both spouses. In that situation, the community property ...
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  • Community Property Transactions Between Spouses: Heightened Duties and the Presumption of Undue Infuence

    COMMUNITY PROPERTY TRANSACTIONS BETWEEN SPOUSES: HEIGHTENED DUTIES AND THE PRESUMPTION OF UNDUE INFLUENCE California law on the nature of spouses' rights and obligations with respect to management and control of community property has evolved over the last thirty years from less stringent “good faith” standards to heightened “confidential duty” and “fiduciary duty’ standards. Under current law, ...
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  • Consequences of Failing to Disclose Material Assets, Income, Facts, and Information in a Divorce Case

    CONSEQUENCES OF FAILING TO DISCLOSE MATERIAL ASSETS, INCOME, FACTS AND INFORMATION IN A DIVORCE CASE There is a natural tendency among divorcing parties to hide their assets from their spouse and understate income. This is a common problem that I have observed from practicing law for many years. A common question I hear from clients is “my spouse doesn’t know I have an account in this bank, do I ...
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  • Dealing with Assets Omitted from a Divorce Case

    Dealing with Assets Omitted from a Divorce Case You and your spouse may have gone through a lengthy and contentious divorce proceeding. This is usually the most difficult period of a person's life. Finally, time heals all pain. You and your spouse get tired of bickering and being mean to one another that you both decide to compromise each other positions and resolve all issues in your divorce case ...
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  • Determination of Child Support Payments in California

    Determination of Child Support Payments in California Whenever the support of a minor child, or an adult child for whom support is authorized under §3901 or §3910 of the family code, is at issue, the court may order either or both parents to pay an amount necessary for the child’s support. Family Code §4001. For purposes of child support, a minor child is one under 18 years old. Family Code §6500. ...
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  • Getting Around the Residency Requirement in a Divorce Case

    Getting Around the Residency Requirement in a Divorce Case Under Family Code Section 2320, a judgment of marriage dissolution (divorce) may not be entered unless one of the spouses has been a “resident” of California for six months and of the county where the proceeding is filed for three months immediately preceding the filing of the petition. This poses a problem for divorcing couples that has ...
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  • Grounds for Annulling a Marriage

    Grounds for Annulling a Marriage Most couples that want out of a marriage in California usually file for Divorce. There are circumstances though that allow a couple to have their marriage “voided” rather than “dissolved.” There is a big difference between the two concepts. With a voided marriage, it restores the couple to status of unmarried person as if they have never been married before. In a ...
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  • Obtaining Permanent Residence Through Marriage

    OBTAINING PERMANENT RESIDENCE THROUGH MARRIAGE Marriage for many persons is the culmination of one’s life. Getting married signifies the beginning of a new phase in life, both socially and economically. For those persons who lack permanent residency in the United States and have married a United States citizen, marriage also presents an opportunity to obtain permanent residency. However, although ...
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  • Parent's Right to Change Child's Residence to Another State in Custody Cases

    PARENT’S RIGHT TO CHANGE CHILD’S RESIDENCE TO ANOTHER STATE IN CUSTODY CASES Parents that are going through divorce and legal separation sometimes have to make a decision to move out of state for various reasons. It may be because their family network is in another state. This decision often have a significant impact on the visitation of the other parent because it would be more difficult for the ...
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  • Prior Marriage Must be "Bona Fide" in Order to be Used for INA §245(i) Purposes

    Prior Marriage must be “Bona Fide” in order to be used for INA §245(i) purposes Many aliens that are out of status, but are otherwise eligible to obtain a greencard through a family based or employment based petition, are barred from doing so unless they are grandfathered by INA Section 245(i). To be grandfathered by INA section 245(i), one of the requirements is that you are a beneficiary of a ...
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  • Putative Spouse Status as a Defense to a Petition for Nullity of Marriage

    Putative Spouse Status as a Defense to a Petition for Nullity of Marriage All property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in California is community property. Family Code 760. However, there are situations in which the marriage may be held to be null and void. These situations include, but are not limited to entering into a ...
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  • Tax Consequences of Divorce on Non Custodian Parents

    TAX CONSEQUENCES OF DIVORCE ON NON CUSTODIAN PARENTS Consider the common divorce scenario where the divorce judgment provides primary custody of the children to one spouse while the other spouse only gets visitation. The parties begin to file separate tax returns. What are the tax consequences of the non custodial parents with regards to claiming the children in his or her return? A non custodial ...
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