No one needs to be a victim of Domestic Violence.  Domestic Violence can be either physical abuse or emotional abuse and usually result from one partner to a relationship feeling the need to control the other. The parties can be married, but it also includes parties that are living together, or even parties who are…

Divorce is an emotional time in any one’s life. Two of the major issues to consider in the divorce process are the issues of child visitation and child support. Child Support, in California, is based on a set “schedule” and the courts attempt to make it entirely based on the income of both parties, but…

If you are in the United States on a visa that was granted based on your spouse’s application, a divorce or separation may affect your lawful status and ability to stay in the United States. If you are a conditional resident, divorce may affect your immigration status. A conditional resident is when the person used…

A restraining order (also called a “protective order”) is a court order that can protect someone from being physically or sexually abused, threatened, stalked, or harassed. A restraining order can include personal conduct orders, stay-away orders, and/or residence exclusion (“kick-out” or “move-out”) orders. The person getting the restraining order is called the “protected person.” The…

Parents always maintain the right to go back to the court to change custody arrangements after their divorce is final. The real question is whether the court will grant a request for modification of your order. Courts do not want to force children to live in a bad situation when their custodial parent’s circumstances change,…

A married couple who are seeking a quick and easier way to get a divorce may choose the method of summary dissolution instead of proceeding with the normal dissolution process. With a summary dissolution, there is no trial or hearing, so you will not have to talk to a judge. However, not everyone may qualify…

Same-Sex Marital Partners face a number of issues, as many countries do not allow or do not recognize Same-Sex Marriage. Those countries who neither permit nor recognize Same Sex Marriage, often do not permit Same-Sex Marital Partners to use their court systems to obtain divorces either. However, the State of California has laws to facilitate…

When going through a divorce, it is important that you know how to properly identify your assets. When you enter a marriage, a partnership is formed and the partnership has the right to the earnings from the services of each partner.  All property possessed by the parties to a marriage are presumed to be community…

The Silicon Valley is a very special community, which poses special problems with regards to divorce and property division.  It has become a common practice for tech companies to offer compensation to employees through Restricted Stock Units (“RSUs”).  An RSU is a way to compensate an employee through equity, but unlike stock options, RSUs do…

The “marital home” is the house you share with your current spouse and family. Who gets the house depends on whether the house is joint property or community property.  In California, there is a presumption that property acquired during the marriage is “community property,” which means the property is owned by both spouses equally (unless…