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Family Law

Wednesday, April 15, 2020

What Happens to My Companion Animal After I Divorce?


When a marriage breaks down it can be really difficult. Divorces are commonly messy. Things can get even more contentious when there are children involved. Figuring out child custody can be difficult for everyone involved. But what happens when the custody you’re battling over is a companion animal?

It can be tough to figure out the custody of companion animals because they have historically been considered as property rather than family members by family courts.
Read more . . .


Wednesday, July 24, 2019

Splitting the Difference: How Will I Come Out Financially After My Divorce?


Apart from the emotional turmoil that typically surrounds a divorce, particularly if there are children involved, serious financial concerns will affect both parties. If you are wondering, or worrying, about how your lifestyle will be affected by the change in your marital status, you need a well-informed, highly skilled family law attorney to guide you through. While it is nice to think that you and your soon-to-be ex-spouse/partner will be able to agree on a fair distribution of assets and a reasonable division of debts, in most cases divorces become tug of wars.
Read more . . .


Friday, April 12, 2019

What's in a Name?

I’m occasionally asked to file a petition for legal name change for a client, and I’m always interested in why people want to take on a new moniker. Both famous people and ordinary folks change their names, and they usually have some very good reasons to do it. Let’s take a look at some of them.
Read more . . .


Wednesday, March 20, 2019

Out of the Shadows - Sexual Harassment and Domestic Abuse

These are scary times as both women and men continue to come forward alleging serious sexual harassment incidents, many involving well-known celebrities. While all of this is at the forefront of the news and popular concern, a huge number of ordinary, everyday people suffer a wide range of harassment events, and we just don’t hear about them.

We allow so many frightening issues to remain hidden in dark shadows – violent events that cause injury in ways that can never be remedied. I’m thinking of domestic abuse – incidents that go far beyond sexual harassment of individuals in a social or business encounter. When violence becomes part of an intimate relationship, the result is often very serious lifelong physical or mental damage, and sometimes death.

Read more . . .


Friday, January 12, 2018

How to Survive a Divorce


The best of intentions just don’t work out, sometimes. The fantastic advance of legal same sex marriage was a euphoric event for so many in the LGBTQ community. Some who hadn’t quite thought it through were caught up in the excitement. Others were so committed to their long-time partnership they didn’t realize how marriage would change their relationship. And some, like many humans, just couldn’t stick out the legal and binding commitment.


Read more . . .


Thursday, November 10, 2016

2016 Election Analysis for LGBT Issues


Many of my LGBT clients have reached out to me in a panic wondering how the election of Donald Trump will impact their families, benefits, marriages, and other legal issues.  My advice….breathe, try to relax and let’s take a look at what the election MAY mean in the future.

In my opinion, the biggest issue is the future of the Supreme Court.    There is one vacancy that will now be filled by President-elect Trump.
Read more . . .


Monday, August 3, 2015

The No-Party Clause and Other Bumps in the Road

The No-Party Clause and Other Bumps in the Road

Everyone has questions from time to time about how to handle knotty problems that threaten to make life miserable. I get phone calls or emails from many of these people who hope that I can provide answers, or refer them on to someone who can. Some are minor issues or sad ones – and some of them are very serious. They cover a vast range of troubles that could happen to any of us. Here are a few recent questions that came up:

Question: Two friends and I get along really well, so we signed a lease on a house together.


Read more . . .


Wednesday, May 6, 2015

I'm a Consumer! What has the California Attorney General's Office and the Department of Consumer Affairs Done for Me Lately?


The Attorney General heads up the California Department of Justice (DOJ), and according to the department’s mission statement, has broad responsibilities to enforce laws fairly and impartially; ensure justice, safety and liberty for everyone; encourage economic prosperity, equal opportunity and tolerance; and safeguard California’s human, natural, and financial resources for this and future generations.  Justice is served by helping to prevent and prosecute criminal activity, protect consumers from victimization, and promote public safety.

The Attorney General can’t give specific legal advice about personal problems or represent individual Californians, but whether you realize it or not, your life is touched by many of the Attorney General’s actions every day. Here are some of the major areas that are designed to support your safety, general welfare, and quality of life:

 The Attorney General heads up the California Department of Justice (DOJ), and according to the department’s mission statement, has broad responsibilities to enforce laws fairly and impartially; ensure justice, safety and liberty for everyone; encourage economic prosperity, equal opportunity and tolerance; and safeguard California’s human, natural, and financial resources for this and future generations.  Justice is served by helping to prevent and prosecute criminal activity, protect consumers from victimization, and promote public safety.
Read more . . .


Wednesday, April 22, 2015

Money Matters


I handle estate planning for people who have a handful of assets, tons of assets, and everything in between. Other people have serious financial problems, and I help them file bankruptcy, so they can get a fresh start. And some folks are married or registered domestic partners and need me to file for a dissolution of the relationship. Whatever your fortune or misfortune, money and other assets are usually the focus of my work. Here are some notes and suggestions that can help protect what you already have, or regain a solid footing when you need it:

  • Finding Money: You or a family member may have money waiting for you.

Read more . . .


Wednesday, March 25, 2015

When Life Throws You Questions, You Need Answers


A new year is ahead of us, and some of these real-life questions and answers may help you make and keep resolutions that will pay off in the future:

Question:

Joanne and Marie are planning to marry in January. They know they need a marriage license from the county clerk. Is any other paperwork required before they can have their wedding ceremony?

Answer:

No other paperwork is required by the state or county, but there are several important issues that should be reviewed by the couple before they marry. When their status changes from single to married, many of their rights and responsibilities will change, too. Ownership of assets like a home, bank and investment accounts, and beneficiaries of retirement funds, insurance policies and annuities may need to change.
Read more . . .


Wednesday, February 25, 2015

Broken Relationships - Avoiding the Fallout

 

LGBT relationships run the gamut from simply living together (cohabitation) to marriage. Most couples form lasting unions, but there will be rifts in others that lead to a break-up, with the two individuals going their separate ways. Financial differences or problems are a common result of the failures, and disagreements can result in emotional crises, costly court cases, and judgments that neither party likes. A little careful planning can usually avoid most or all of the drama. Here are some of the things to consider:

 

Cohabitation

 

Many partners have been in long-term cohabitation relationships, because domestic partner registration or marriage weren’t available to them. For others, cohabiting is simply a casual, convenient and voluntary way to live together. They may not realize that there can be specific responsibilities the partners have under civil law. They may not be able to just walk away if they decide to separate.

 

Civil Court (as opposed to Family Court) handles disputes cohabiting partners might have over the terms of their relationship. Were promises made and not kept? A partner must prove a legal basis for a claim, such as an oral, written, express or implied contract. The Court will determine whether there was an enforceable contract, and if so, whether it has been breached by one or both of the parties. These lawsuits (popularly known as “palimony cases”) can be very expensive, take many years, and are difficult to win.

 

A Cohabitation Agreement is the best way to avoid financial disputes in the relationship. The partners identify their financial contributions to the relationship, and what they expect to take away from the relationship if they separate. If the partners don’t want a formal agreement (“It’s not romantic”; “We would never do anything to hurt each other”), then it is essential for each partner to maintain individual bank and investment accounts, not hold title to any assets in joint ownership, and not contribute any money toward the purchase of any asset (house, car, etc.) that is only in the name of the other partner. Never give up a job or other assets because a partner promises support, without a specific agreement in writing stating the promise and that the partner will not be left destitute if the relationship ends.

 

Marriage and Registered Domestic Partnerships (RDP’s)

 

In California, marriage and RDP’s are essentially identical. Under state law, spouses and registered partners have very clear and defined obligations to care for and support each other. They can’t just say goodbye and walk away if one of them has trouble with money, gets sick, or finds a new love-outside the union. If they want to end the union, they must file a petition for dissolution of marriage and/or RDP.

 

Family Court handles the dissolution process, and supervises all the steps that must be taken to ensure that the final judgment will be fair and equitable. The expense of dissolution and the emotional toll on spouses or partners is directly related to whether the couple can agree to an amicable split. Each must disclose detailed financial information to the other, including listing all assets and debts. If minor children are involved, there will be a comprehensive review of their current status and a determination will be made about the best plan for their future support and care. Pets, too, are often part of the picture, and their welfare must be carefully considered in a judgment. The dissolution process can take anywhere from a minimum of 6 months to a year or two, depending on how quickly the couple can reach agreement on all the terms.

 

Pre-marital or pre-RDP agreements are the best way to avoid future conflicts and disruption of personal lives when a marriage or RDP ends. Post-marital or post-RDP agreements may be created if the union has already taken place. Based on many of the dissolution cases we have handled, these agreements should be essential for any couple sincerely making a long-term commitment to each other. Couples can gain security or lose a fortune by choosing to enter or not to enter into such agreements.

 

Both Pre-marital/RDP and post-marital/RDP agreements must meet strict California legal requirements, including:

 

  • The agreement must be made voluntarily, and not under fraud, duress, or undue influence

  • Parties to the agreement must have legal capacity to enter into an agreement

  • The agreement may not be unconscionable

  • The agreement must not be against public policy

  • Full disclosure of each party’s assets, debts and financial details must be made

  • There must be independent legal counsel for each party, unless that right is

    properly waived in a separate writing (in our practice, both sides are always represented by independent counsel)

 

Every relationship faces an uncertain future. Agreements are roadmaps that make each relationship stronger and more secure. They provide clear understanding of each person’s financial status and obligations, and are the foundation for a couple’s future, no matter what happens.


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