Posts filed under: Family Law

Planning Ahead with a Premarital Agreement Who can enter into a premarital agreement? Nearly anyone of legal age may enter into a premarital agreement, provided both parties are of “sound mind.”  The “sound mind” requirement ensures the parties are aware...
Planning Ahead with a Premarital Agreement What is a premarital agreement? A premarital agreement, commonly referred to as a prenuptial agreement or “prenup”, is a contract executed by two individuals in anticipation of their marriage.  Historically premarital agreements have been...
What is a collaborative divorce? A collaborative divorce is one that occurs out of court and without a judge; rather, the parties work together with the help of legal, financial, and child custody professionals to come to an agreement outlining...
In many states, surrogacy is not an option for parents, but California courts do honor properly drafted surrogacy agreements and arrangements.  Such a legal position is of the utmost importance for couples who are facing issues with conception and/or are of...
Contested Custody:  What happens when parents cannot agree on a child custody arrangement? If parents cannot come to an agreement on child custody, then child custody is considered to be “contested” and they can seek the court’s help in determining...
What are the different types of child custody? The list below are some of the different child custody arrangements: sole legal custody; sole physical custody; joint legal custody; and joint physical custody. A parent’s custody of a child can be...
Under the law, a parent’s foremost duty is to support his or her minor children. Both parents share this responsibility.  It is not affected by the parents’ marital status or gender.  Adoptive parents also have the duty to support their...
What to Expect from Court Mandated Child Custody Mediation When initiating a divorce, our clients often ask us how child custody and visitation is decided. Many questions arise when formulating a child custody schedule such as who will get to...
Many people are surprised to learn that even though they filed for divorce, without a proper estate plan, everything that is community property is transferred to their spouse upon death. This means that up until you have signed your judgment...
At the onset of a divorce, automatic temporary restraining orders, also known as ATROS, go into effect to make sure the status quo remains during the pendency of the case. These orders are found on the second page of the...