There are many excellent reasons to pursue a 50/50 custody arrangement – mutual investment in a minor child and schedule allowances among them. However, one very bad reason to pursue a 50/50 split is the anticipated waiver of an obligation to pay child support. Why? Because that’s not how child support works.
It’s been long understood that children benefit from having married parents. Studies show that overall, these children tend to be better supported financially, do better in school, have lower rates if risk-taking behaviors, and tend to be more accomplished as adults, which leads most laypeople to assume that, naturally, separated and/or divorced parents should have equal custody of the minor child(ren), if the courts are doing their job right. Afterall, the US has the world’s highest rate of children living in single-parent homes, so isn’t 50/50 the closest possible thing to a traditional parental arrangement and thereby in the child’s best interest?
Well, the California courts don’t see it that way.
As family law attorneys, one of our most important tasks is proving our client’s claims of abuse sufficiently enough to persuade the family courts. There are several means to accomplish this, usually in the form of photographs of injuries or property destruction, screenshots of abusive texts or emails, medical records, police reports, and occasionally witness testimony. Another consideration is the usability of recorded materials.
In 2024, everyone has a phone, and if you have a phone, you have a camera. If we can upload every facet of our mundane lives to social media, surely then we can record incidents of abuse or violence, and apply them to the critical purpose requesting orders for our own protection.
Well, it’s not that simple.
Attorneys can be expensive, no way to sugar-coat that. But in addition to expensive, a solid attorney is often invaluable to your interests in a family law case. California law is complex and constantly changing, and the only way to set yourself up for success is to have a team advocating for you who know the law and how it works for or against your desired divorce outcome. THE ZHOU LAW GROUP APC is proud to be that team.
But how can I afford it, aside from my independent income? There are ways! Read more
The recent rap rivalry between Drake and Kendrick Lamar has social media and the music industry buzzing with allegations of family dysfunction, secret children, and “deadbeat” parents. As family law attorneys based in the entertainment and technology hub of California, we know that fame and fortune can turn private matters into fodder for tabloids and internet audiences if not handled with confidentiality and care. We also know that one person’s “diss track” is another person’s painful and complicated reality.
Fortunately, there are several protections the law may offer those who are trying to avoid publicity or embarrassment. Read more
Unfortunately, an ugly truth of divorce is that the actions of a dishonest spouse can make the impending end of a marriage even more stressful than it already is. The California Code of Civil Procedure is very clear that married persons have a fiduciary duty to one another and that both divorcing parties, with very few exceptions, are required to participate in full and transparent financial disclosure as a matter of legal procedure before the Court will even think to enter a Judgment of Dissolution. The California courts have created a disclosure process which, when used honestly and diligently by the divorcees, is very effective in moving a case toward fair and informed property division via a series of completed forms and document attachments.
Many can attest, however, that not every party will engage in the disclosure process in good faith. Read more
On January 16, 2024, CBS News reported that the body of 40-year old Yingying “Dawn” Yu, reported missing on January 8, 2024, may have been found in the Santa Cruz mountains. Her husband has since been arrested in connection with her murder. Obviously, California is no exception to the known epidemic of domestic violence taking place in America. In consideration of this sad fact, the California courts have given family law attorneys tools with which to try to combat domestic violence via the use of restraining orders. We are all familiar with the term, but what exactly is a “restraining order” and how do we utilize them to protect our clients and free them from a cycle of abuse? Read more
Most clients of our law firm are first-generation immigrants from China. In China, couples go to the same office for marriage certificates as well as divorce papers. However, that is not the case in the United States. A bewildered client once asked me: “To get married here, I need to go to the county’s office, but I cannot get a divorce at the same office?” In the U.S., if a couple wants a divorce, they must go to the court pursuant to the Family Code of each state. Read more
我是周氏法律集团的创始人周媛（Joanne Zhou），我的律所在北加州的硅谷圣何塞、南加州的洛杉矶、橙县、阿卡迪亚都有开设办公室，为旧金山湾区和大洛杉矶地区的广大客户提供离婚相关服务。在我做离婚律师的职业生涯里，经常接到一种求助：“律师，我老公对我特别不好，我不想跟他过了。但是我家的钱全在他手里，他不给我开共同账户，我连买菜钱都得一笔一笔跟他报备。我还能离婚吗？我怎么付律师费啊？”
上一篇文章，我们给读者们科普了一下加州离婚的具体步骤。没有看到上一篇文章
很多人说，疫情期间最忙的就是婚姻律师。最近，我们联合在北加州的硅谷圣何塞、南加州的洛杉矶、橙县、阿卡迪亚等地都有开设律所办公室的资深家庭法律师Joanne Zhou一起合作这个专栏，为大家普及一下加州家庭法的一些基本知识。我的读者们大多身在美国，婚姻法的知识包括离婚、财产、抚养权等等，都是与大家的生活息息相关的。无论用到用不到，心里有数总是好的。
Our attorneys at The Zhou Law Group have extensive experience handling theft cases and a long record of Successful Results. Should you or a loved one be faced with theft charges and wish to minimize your consequences to the fullest extent possible contact The Zhou Law Group at (408) 289-9688 immediately.
While the passage of Proposition 36 in 2000 marked the beginning of the “so called” end of the war on drugs in California as to cases involving the personal use of drugs, the California criminal justice system continues to treat quite harshly persons convicted of crimes involving drug trafficking, possession for sale of drugs, and drug sales.
Prostitution is an agreement between consenting people to provide any sexual activity in exchange for money , and any act in furtherance of such agreement. The act in furtherance can be any step taken toward a sexual act. Whether sex occurs or not, is not essential to establish the crime. Read more
California law encourages an arrest on all calls where allegations of Domestic Violence are reported. An arrest for Domestic Violence can even be based on a complaint to the authorities of the simple use of rude force on the person of a spouse, domestic partner, dating partner, or child. Read more
As you may already know, a driving under the influence arrest can bring serious consequences in the state of California. License suspension; mandatory jail sentences; probation; stiff fines; court fees; long term alcohol classes; increased insurance premiums; and, a criminal record, are all potential standard consequences of even a first time driving under the influence conviction in California. Read more
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, but neither do they want to move children back and forth between parents without good cause. As a result, the changes that warrant a modification of custody must usually be material, substantial and occur in the home in which the child is living. Read more
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 person the restraining order is against is the “restrained person.” Sometimes, restraining orders include other “protected persons” like family or household members of the protected person. Read more
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 separated. This includes heterosexual, gay or lesbian relationships as well. This abuse ranges from Name calling, isolating you from other friends or family, withholding financial support, to actual stalking, intimidation, threatening and inflicting physical harm. Read more
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 his/her spouse’s status to immigrate within two years of their marriage. Read more
