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Can Language Fluency Affect Your Child Custody Case?

Should the language you speak have any bearing on your right to have custody of your children? Does your native tongue affect your ability to raise, support, or otherwise take care of your family? Can the fact that you speak your child’s language fluently help to overcome other issues that may otherwise limit your custodial rights? According to a Fourth District Court of Appeals judge, the answer is generally “no.” Father Argues Language Proficiency Makes Him a Fit Parent A San Diego woman recently filed for divorce from her husband, citing a history of physical abuse. In the petition, she sought sole physical custody of the couple’s young son. During a hearing, a judge found that there was sufficient evidence … Continued

What Can I Do If I Think My Spouse is Hiding Assets During a Divorce?

When you get a divorce, you and your spouse will be required to disclose all of your assets and debts. This process helps to ensure that both spouses walk away from the marriage with an equal share of marital property. Failing to honestly and fully disclose your assets is unlawful. Unfortunately, this doesn’t stop some people from being less than truthful during the financial disclosure process. Do you suspect that your spouse has hidden or fraudulently concealed assets in your divorce? Your concerns may not be without cause. Spouses in a contested divorce can sometimes go out of their way to make the process more difficult than it needs to be. This is often true in high net worth situations. … Continued

Child Custody During the Holidays

The holiday season is quickly approaching. Thanksgiving, Hanukkah, Christmas, and other winter celebrations will be here before we know it. For many, the holidays are an occasion to relax and spend time with the ones we love most. However, this can be difficult when parents are divorced. If you are getting a divorce – or thinking about getting a divorce – it’s important to dedicate time and energy to designing a custody arrangement that works best for your family. Any child custody plan should address an issue that causes a lot of strife and distress: where children will spend the holidays. How Timeshare Custody Can Affect Your Holiday Plans Timeshare custody refers to the amount of time a child spends … Continued

Divorce Rates Down as Young People Wait Longer to Get Married

Millennials have been accused of killing many things: beer, paper towels, bars of soap, and even popular restaurant chains like Applebee’s. A new study finds that Millenials may also be responsible for the decline of something else – divorce. According to the report, the divorce rate dropped 18 percent between 2008 and 2016. That’s thanks in large part to young people staying in their marriages. Young People Are Getting Married Later in Life One reason that divorces have declined in the United States is because young people waiting until they’ve matured to get married. This is particularly true for women. In the 1950s, the average age of a bride was 20. By 1990, women were 24 when they first got … Continued

Pet Custody Looks a Bit More Like Child Custody Thanks to New CA Law

Pets are like family. When you get divorced, your pets will certainly be affected. However, unlike children, pets don’t really have any rights. This is because pets are classified as property under California state law. As a result, your pet doesn’t have any more rights than your television or bedroom set. When you get divorced, ownership of the pet is a conversation reserved for property division discussions. No weight is really given to what is best for you or your pet. Things are changing in California thanks to a new bill that was signed into law by Governor Brown last month. The law, AB 2274, allows pets to enjoy some newfound rights when their humans get divorced. While pets will … Continued

Liability for Martial Debts and Disputes After Divorce

In 2015 and 2016, singer Mary J. Blige and her then-husband rented a mansion in Beverly Hills. The landlord claims that the singer and her husband abandoned the property, left it in a state of disrepair, and failed to pay rent for at least 4 months. Attorneys for the landlord are currently seeking nearly $60,000 plus the cost of attorney fees from the now-divorced singing sensation. Liability After Divorce After 12 years of marriage, Mary J. Blige filed for divorce from her husband in 2016. Nearly two years later, the couple was able to finalize the terms of their high net-worth split. Even though the couple is now divorced, they are still facing legal issues from when they were together. … Continued

Gwen Stefani and Gavin Rossdale Disagree About Custody Two Years After Divorce

Gwen Stefani and Gavin Rossdale have been divorced for more than two years. However, the parents have begun to argue over their agreed-upon child custody arrangement. Under the current custody order, the musicians’ three sons spend the majority of their time with Stefani. This was primarily due to the fact that Stefani set roots in Los Angeles while Rossdale chose to travel and tour with his band. Staying with Stefani allowed the children to enjoy a sense of stability in their lives after their parents’ divorce. Rossdale, who recently wrapped up his most recent tour, is looking to change up the custodial arrangement. He plans to spend more time in Los Angeles and wants to have more one-on-one time with … Continued

How a Mother Can Get Sole Custody of a Child in Los Angeles

Angelina Jolie filed for divorce from Brad Pitt in the fall of 2016. Nearly two years later, the couple has still not finalized their divorce. Why? One of the primary reasons is that the parents cannot agree on the terms of child custody. For the past few months, Jolie and Pitt have had several public legal fights over custody. Why? Jolie reportedly wants sole physical custody of the kids. Pitt has been fighting her every step of the way. Is it possible for a mother to get full custody of her children? When would a court agree that a mother should be awarded full custody? What arguments should a mother use to support her case? It’s important to understand how … Continued

Temporary Custody Arrangements During Your Divorce

Divorce is never easy. It can be even more difficult when there are young children involved. One important aspect of a divorce is figuring out child custody arrangements. If you are separated from your spouse and living apart, you will have to figure out where the children will live during the divorce process. If you and your spouse can’t agree on temporary custody, a court has the right to step in an make the decision for you. Figuring Out Custody During Your Divorce When you get a divorce, you and your spouse will have to agree on certain terms. These can include property division and spousal support. As a parent getting divorced, you have the responsibility of figuring out a … Continued

What is Palimony?

Many states across the country recognize common law marriage. When you live with someone long enough, you gain the rights of legally-married couples. When married couples get divorced, they are entitled to certain property rights. California is not one of those states. In order to enjoy the benefits of marriage, you must actually get married. However, there is one benefit that the state may extend to long-term partners. If you and your partner are together for long enough, you may be entitled to financial support after a breakup. Palimony in California This financial support is known as palimony and dates back to the 1970s. In 1976, actor Lee Marvin and Michelle Triola decided that their relationship was no longer working. … Continued

Do I Have to Sell the Family Home in a Divorce?

One of the biggest hurdles in finalizing a divorce is figuring out how to divide marital property. California is a community property state and requires that each spouse walk away from the marriage with an equal share of property and debts. Figuring out who gets what can be difficult. This is particularly true when couples share certain large assets. The family home is often at the center of debate and argument. Since couples have to receive an equal share of marital assets (and debts), it can be tricky to figure out what to do with the family home. If you are thinking about getting a divorce it is important to be prepared to discuss the future of your house. You … Continued

What is Timeshare Custody?

Child custody and child support are two separate and distinct ideas. However, child support calculations are often dependent on custody arrangements. While custody is not the only factor that will impact child support calculations, it is one of the most important things to consider. Generally speaking, the parent who spends less physical time with their child will be responsible for paying child support. The less time that parent spends with the child, the higher that child support obligation will be. The amount of time a parent has custody of his or her child is known as “timeshare” or “custody percentage.” Why is Timeshare Important? It’s important to accurately calculate each parent’s custodial timeshare. Why? Timeshare is an important factor in … Continued

What is Imputed Income in California Child Support Orders?

Parents in the throws of a heated divorce can often lose sight of the things that matter. Child support, for example, can be incredibly important to a child’s development, health, and well-being. Unfortunately, some parents tend to resist or dodge child support obligations, forgetting that these payments are for the benefit of their children. One way that a parent may try to dodge or reduce child support obligations is by changing an important factor in the calculation of child support requirements: income. Child support is determined, in part, based on each parent’s income, earnings, and assets. While timeshare custody is also important, income tends to be the most influential factor in child support determinations. Some parents have found that reducing … Continued

What is an Annulment?

You may have heard of an annulment, but do you know what it is? In California, it’s one way that couples can end their marriage. However, unlike divorce, not everyone will qualify for an annulment. The process is reserved for marriages that are inherently void and/or unlawful. Annulment in California When a marriage is annulled, it is as if the union never happened at all. As a result, the formerly-married couples are no longer bound by the laws of marriage or eligible to benefit from the union. This means that former spouses will no longer be prohibited from marrying other people, but they will also lose protections offered to married couples (e.g., tax benefits, property classifications). Grounds for Annulment A … Continued

How Can I Change My First or Last Name in California?

While we are all given a name at birth, that name does not always stay with us for life. Whether you’re getting married, ending a marriage, or trying to protect your family from harm, there are always legitimate reasons to change your name. How can you legally change your name if you live in Los Angeles? The answer will depend on why you want to make the change. Los Angeles divorce lawyer Hossein Berenji explains how to go about this process. Call today if you need more information. Changing Your Last Name For Marriage Getting married is an exciting time in your life. You are getting ready to merge two lives into one and begin a journey with the person … Continued

What is a Subpoena?

Family law disputes can be difficult to navigate. This is especially true if spouses or parents are not seeing eye-to-eye. Subpoenas can be used to help gather information, evidence, and testimony necessary to resolve a dispute. Ignoring a lawfully-issued subpoena can have serious civil and/or criminal consequences. What is a Subpoena? A subpoena is a legal order requiring a person to do something. The requirement may be to physically show up in person or to produce documents relevant to a legal proceeding. Since a subpoena is a legal order, ignoring or refusing to cooperate carries substantial penalties. In fact, the term subpoena literally means “under penalty.” Subpoenas can be essential to uncovering information that is relevant to a family law … Continued

What is Arbitration?

Are you thinking about getting a divorce? Will you and your spouse have difficulting agreeing on the terms of your split? Do you want to keep the details of your divorce private? You may want to consider using the alternative dispute resolution tool of arbitration. What is Arbitration? Arbitration is an alternative dispute resolution process that may be helpful to couples seeking a divorce. Couples who have difficulty agreeing on the terms of their divorce, or those like Tarek and Christina El Moussa who want to keep their divorces private, can benefit from choosing to use arbitration. The process allows couples to bypass the traditional divorce process, stay out of the courtroom, and keep decisions in their own hands. With … Continued

Understanding How Health Insurance Can Affect Child Support Requirements

When parents decide to get divorced they must make some tough decisions about the future of their family. Most importantly, parents must try to agree on child custody and support arrangements. Child support is essential to make sure that children are taken care of, financially. Support is used to pay for a child’s education, housing, entertainment, clothing, and, among other things, healthcare. Healthcare costs in America can be prohibitive. In California, the cost of healthcare for a child is factored into the equation when child support requirements are being calculated. This helps to ensure that parents keep their children insured and keep up with child support payments. Health Care Requirements When You’re Covered by Insurance Some parents will be covered … Continued

What is Legal Separation and How Can It Benefit You?

Did you know that January is the most popular month for spouses to legally separate and/or file for divorce? Many experts believe that the month is so popular because it marks a new beginning. New year resolutions are incredibly popular, and spouses who are unhappy in their marriages may decide to take their lives in a new direction in a new year. Legal separation is, many times, the first step that spouses take when they decide to get a divorce. What is Legal Separation? Simply put, legal separation allows married spouses to live apart and lead separate lives. In order to become legally separated, couples file a petition with a court in a process nearly identical to filing for a … Continued

Four Signs of Divorce

How can you know if your marriage is at risk? What signs tend to indicate that a marriage is in trouble? As experienced Los Angeles divorce attorneys, we have helped thousands of clients through an incredibly difficult time in their lives. Our years of experience have allowed us to witness the inner workings of failing marriages and the signs that tend to indicate a divorce may be on the horizon. If you think that your marriage is in trouble it is important to be aware of the top four signs of divorce. Fighting More Than Usual When you first got married you may have enjoyed a honeymoon period where everything was wonderful. You may not have agreed on every decision, … Continued