Divorce and Family Law Blog

May 20, 2015 / Divorce / Pre/Post Nuptial Agreements

Prenups: Not Just for the Rich and Famous

Marriage is a contract, and like any contract, it helps to know the terms and conditions before signing the dotted line. That is where a prenuptial agreement, or a “prenup,” comes in. This document clearly dictates how property will be distributed upon the death of a spouse (in lieu of a will or trust) or […]

May 16, 2015 / Spousal Support

California Spouses Fight Alimony Payments

A recent CBS Los Angeles story highlights a controversial issue in California divorce law: Spousal support, otherwise known as alimony. After a long legal battle over alimony payments, a divorced Huntington Beach man founded CalAlimonyReform.org, an organization with the sole aim of ending spousal support in California.

May 10, 2015 / Community Property

Community Property Concepts: Transmutation

California is a community property jurisdiction. Which means that there is a presumption that all the assets and debts that are attained during the marriage are community in nature, belonging to both husband and wife. In the event of a divorce, the property is divided equally among the parties. This is only a presumption and […]

May 3, 2015 / Community Property / Pre/Post Nuptial Agreements

Effects of Prenuptial Agreements on Community Property

California is a community property jurisdiction. Which means that there is a presumption that all the assets and debts that are attained during the marriage are community in nature, belonging to both husband and wife. This is only a presumption and it can be rebutted under certain circumstances. Our divorce lawyers often receive questions about how to […]

April 30, 2015 / Child Custody

Legal And Physical Custody Explained

There are two types of child custody in California, legal and physical custody. While both are equally important, individuals tend to argue and fight over physical custody a lot more than legal custody. Legal custody is the custodial rights over legal issues such as issuance of passport, issuance of driver’s license, decision making over non-emergency medical […]

April 25, 2015 / Community Property / Marriage

Is My Marriage Valid in California?

At Berenji Divorce & Family Law Group, we often get questions regarding what makes a valid marriage and how that affects the community property rights. California is a community property jurisdiction, which means that there is a presumption that all the assets and debts that are attained during the marriage are community in nature, belonging […]

March 6, 2015 / Divorce

Does My Spouse Have to Testify?

There are two distinct evidentiary privileges in California for married couples. They are testimonial privilege (California Evidence Code 971) and confidential communication privilege (California Evidence Code 980). This is a complicated area of the law, and if you need assistance because a spouse is seeking a restraining order against you, call Berenji & Associates Divorce […]