What is a Putative Spouse?
California’s system of family law is in place to provide protection to spouses and children and typically comes into play for divorce cases. Unlike some states, California does not recognize common-law spouses as legally married no matter how long they lived together as though married or whether or not they presented themselves as married to others. Because the courts always consider the best interests of children, the family court does…
Read MoreCohabitation Laws in California
California law considers couples in an intimate relationship who live together without the benefit of marriage as cohabitating. While cohabitation was rare in the last century, the most recent census reveals that cohabitation between individuals between ages 18-24 is more common than marriage. Cohabitating couples often build financial interdependence but don’t enjoy the same protections as a couple who are legally wed — especially during separation. Further, unlike some states,…
Read MoreHow Can an Inmate File for Divorce While Incarcerated?
With over 90,000 adults incarcerated in California, the state’s family courts often address common matters of family law for inmates, including divorce. An individual’s incarceration status does not mean they aren’t entitled to their rights in a divorce proceeding. California is a no-fault divorce state, and one spouse being in prison is enough for the courts to consider the marriage as having irreconcilable differences. While more often it’s the spouse…
Read MoreWhat is a De Novo Hearing?
For those who believe they didn’t receive a fair hearing in family court or by a county child support commission, a request for a De Novo hearing may offer a second chance to present new evidence or information or to get the perspective of a different judge. A De Novo hearing is an important part of the appeals process. “De Novo” is the Latin term for “of new,” or like…
Read MoreSubpoena for Child Support
In divorces involving minor children, one party may find themselves on the serving or receiving end of a subpoena in a child support case. No matter which side you are on in the dispute, it’s important to understand the legal demands of a subpoena. A subpoena is a powerful tool. It doesn’t suggest the recipient comply with the demand for information, records, or the recipient’s presence at a hearing, but…
Read MoreDoes California Require Separation Before Divorce?
Divorce laws vary from state to state. For that reason, many questions arise when a couple decides that divorce in inevitable in their situation. One common question divorcing couples ask is whether or not California family law requires them to separate before a divorce, and whether or not they need a legal separation. The answer to both of these questions is no. However, like most legal questions, the answer is…
Read MoreWhat Will Happen to My Credit Card Points in a Divorce?
California is a community property state. During a divorce, California’s community property law requires a couple to craft a settlement dividing all assets and debts acquired during the marriage equally. If they are unable to negotiate a fair and equal division with the help of their Los Angeles divorce lawyers in order to sign a settlement agreement, then the matter goes to court and an impartial judge divides the marital…
Read MoreWhat Will Happen to My Airmiles in a Divorce?
California’s community property laws demand that all marital assets are divided equally during a divorce. With the complexities involved in dividing a household and what may amount to many years of acquired assets, you might think dividing airmiles is the least of a divorcing couple’s problems; however, the question of what happens to airmiles during a divorce is a surprisingly contentious issue for many divorcing spouses. For people who traveled…
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