How to File an Emergency Custody Motion Filing an emergency custody motion, also known as an ex parte motion, is common in family law cases. An emergency custody motion can help California residents get immediate legal relief regarding custody issues in divorce, legal separation and paternity cases. California Family Law Code section 3064 outlines the requirement of an emergency custody motion. [...] By Sandra McCarthy|December 4th, 2016|Family Law|24 Comments Read More
When a Minor Inherits Property in California Probate It is not uncommon for a minor to inherit property in California probate. Minors usually inherit property in probate when the decedent dies unexpectedly or when assets are not put into a trust properly. Under California law, when a minor inherits property or a large sum of money, an estate guardian must be appointed. Upon [...] By Sandra McCarthy|November 11th, 2016|Probate, Estate Planning, Family Law|Comments Off on When a Minor Inherits Property in California Probate Read More
Divorce Settlement Strategies in California Negotiating a divorce settlement is overly complicated at times. Couples tend to let emotions cloud their judgment and often end up unhappy with the results. Below are divorce settlement strategies you should consider using during negotiations with your spouse. Read on to learn more. Divorce Settlement Strategies For Spousal Support Negotiating spousal support is not always [...] By Sandra McCarthy|September 30th, 2016|Family Law|Comments Off on Divorce Settlement Strategies in California Read More
Benefits of Discovery in Divorce Cases Discovery is a great legal tool to use to find hidden assets in a divorce case. It should be noted, it is not uncommon for some spouses to hide assets before or during a divorce. In this regard, discovery in divorce can help you find these hidden assets that may be part of the community [...] By Sandra McCarthy|September 21st, 2016|Family Law|2 Comments Read More
How to Set Aside a Paternity Judgment Establishing paternity is a major psychological and economical factor that affects a child’s life. For a child born to a married couple, that child is considered legitimate under California law. However, if a mother is unmarried, the person named as the child's father on a birth certificate does not, in fact, legally establish paternity. Furthermore, [...] By Sandra McCarthy|September 14th, 2016|Family Law|Comments Off on How to Set Aside a Paternity Judgment Read More
Dealing With Parental Alienation Parental alienation syndrome (PAS) is a psychological condition often seen in children that have been traumatized by high conflict divorce. One of the main signs seen in children that are experiencing PAS is an unfounded hatred toward a parent for no logical reason. This article is an overview on how to identify and deal with [...] By Sandra McCarthy|September 2nd, 2016|Family Law|1 Comment Read More
When a Minor Child Inherits Property It is not uncommon for a minor child to be named as a beneficiary in a will. In California, minor children are not allowed to inherit large sums of money outright. When a minor child inherits property, a guardian of the child’s estate must be appointed until the child turns 18-years-old or is deemed mature [...] By Sandra McCarthy|August 23rd, 2016|Family Law, Probate|Comments Off on When a Minor Child Inherits Property Read More
Petition to Establish Fact of Marriage Granted After Judge Has Change of Heart What do you do when you and your spouse "think" you have been married for over 30 years and then unexpectedly discover that your marriage certificate was never officially filed with the Court Clerk? Well, this is exactly what happened recently to clients of ours. Our clients, whom we will call Sam and Betty, had [...] By Sandra McCarthy|July 10th, 2016|Family Law|Comments Off on Petition to Establish Fact of Marriage Granted After Judge Has Change of Heart Read More
Creative Solutions To Spousal Support in Divorce When a person files for divorce, spousal support (alimony) can be awarded by the to one party based on economic need or a marital settlement agreement. In essence, the purpose of spousal support is to make sure the lower-wage earning spouse or the non-wage earning spouse is fairly compensated upon the dissolution of marriage. Spousal [...] By Sandra McCarthy|June 17th, 2016|Family Law|Comments Off on Creative Solutions To Spousal Support in Divorce Read More
CALPERS Pension Retirement Division in Divorce The California Public Employees Retirement System (CALPERS) provides lifetime monetary benefits to employees and their spouses. If you have filed for divorce, you may be wondering how you or your spouse’s CALPERS pension may be affected. Depending on your marital settlement agreement, you may receive up to half of your spouse's CALPERS retirement. Below is [...] By Sandra McCarthy|May 27th, 2016|Family Law|11 Comments Read More