Myth-Busting – 4 Common Legal Myths – Discover The Truth

It’s time to set the record straight. Here are the 4 most common misconceptions we hear. Maybe, you believed these things too. Here are some common misconceptions that are floating around in California.
MYTH #1: A marriage in California can be annulled based on the length of the marriage.
TRUTH: Family Code 2210 a-f states that a marriage is voidable if the petitioner was under age at time of marriage, prior existing marriage, unsound mind, fraud, force, or physical incapacity. Family Code 2200 and 2201 states that a marriage is void if it’s incestuous or bigamous, respectively.
MYTH #2: A new spouse’s income […]

By |Divorce|
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4 Things to Consider Before You Litigate Your Divorce

1. Litigation in a courtroom usually drags on (and on). If you’re lucky, it will take only months, sometimes it will take about a year, but it could go on for years. Sometimes it never actually finalizes because the negotiations come to a halt when the money runs out.
2. Litigation brings out the worst in people. There’s a reason they call it a divorce war. When it’s over, there’s a winner and there’s a loser. If you’re angry, it can fuel the anger. If you’re depressed, it can fuel the depression. If you’re bitter, well you know. It will take […]

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Factors Considered in Determining “Best Interest of Child” in Custody Proceedings

Many believe that physical custody will normally default to the mother or that once a child reaches a certain age, their choice will prevail over most other reasons.
Among other factors it finds relevant, California Family Code §3011 considers all of the following: the health, safety and welfare of the child, any history of abuse by a person seeking custody against certain persons, the nature and extent of contact with both parents, and the habitual illegal use of controlled substances or alcohol.
The meaning of the first factor “health, safety and welfare” is broad. Reams of paper are filed each day at […]

By |Custody & Visitation, Divorce|
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YOUR SPOUSE ISN’T YOUR “EX” UNLESS THE JUDGE SAYS SO

Today we received an inquiry from someone who wanted help probating her father’s estate. She said that his “ex-wife” had released her interest in the home several years ago before she disappeared, and by the way, although a divorce was filed, it had never been completed. It was apparent that she believed that the “ex” wasn’t entitled to anything. We told her to go see an attorney.
Unless you have a divorce judgment terminating your marriage, you’re still married. Generally, a living spouse can inherit from a deceased spouse’s estate even if they’ve been legally separated for a long time. Even […]

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It’s Called The Grey Divorce

The first years of my business saw very few dissolutions of long terms marriages (over 10 years in length). I had a few couples who quietly dissolved their marriages for no other reason than an illness was bankrupting them and they couldn’t afford the costs of their health care. A divorce would allow the sick spouse to qualify for Medi-Cal and get the treatment they needed without total financial ruin. These people were ashamed and had no plans of telling their children what they were doing. In their hearts, they were still married.
About 10 years ago, I began to see […]

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