Posted by Michael Geller | Mar 15, 2025 |
In California, how property is owned between spouses—whether separate or community—can have significant legal and financial consequences, especially in a divorce. One of the key laws governing how property ownership can change during marriage is Family Code § 852, which outlines the legal requirements for what’s called a “transmutation” of property.
Posted by Michael Geller | Mar 01, 2025 |
When going through a divorce in California, one of the most important—and often contentious—issues is spousal support. But what happens when one spouse has a domestic violence conviction? Under Family Code § 4325, the law is clear: there is a rebuttable presumption that the abusive spouse should not receive spousal support.
Posted by Michael Geller | Feb 15, 2025 |
When navigating a family law case—whether it involves divorce, custody, or support—it’s essential to understand your rights in front of the court. One of the most powerful procedural tools available in California is found in Code of Civil Procedure § 170.6, which allows a party or their attorney to disqualify a judge, court commissioner, or referee if they believe that individual is prejudiced against them.
Posted by Michael Geller | Feb 01, 2025 |
Effective April 1, 2025, California family law courts will transition from using DissoMaster to Xspouse for calculating child support and temporary spousal support. This change is prompted by the expiration of DissoMaster’s certification on March 31, 2025, and its subsequent discontinuation. Xspouse, known for its enhanced accuracy and affordability, has been recertified by the Judicial Council for the 2024-2025 period and will now serve as the new standard for support calculations.
Posted by Michael Geller | Jan 15, 2025 |
Divorce is a complex and often emotionally charged process, and one of the most critical legal determinations in any dissolution of marriage case is the date of separation. In California, this date plays a pivotal role in property division, spousal support, and other financial matters. Under California Family Code § 70, the law provides a clear definition of what constitutes a date of separation between spouses.
Posted by Michael Geller | Jan 01, 2025 |
January is often referred to as “Divorce Month,” and for good reason. Family law attorneys, courts, and mediators routinely see an influx of divorce filings during this time of year. Specifically, the first working Monday of January has even been dubbed “Divorce Day,” as it marks the unofficial kickoff to a surge in divorce inquiries and filings. But why does January hold this dubious distinction? Let’s explore the reasons behind this trend and what it means for those considering divorce.
Posted by Michael Geller | Dec 15, 2024 |
For decades, DissoMaster has been an indispensable tool for California family law practitioners, offering precise calculations for spousal and child support in line with the state's guidelines. However, Thomson Reuters has announced that DissoMaster and the DissoMaster Suite will be discontinued on March 31, 2025.
Posted by Michael Geller | Dec 01, 2024 |
In California family law, a Request for Temporary Emergency Orders (ex parte) provides a means to seek immediate court intervention in situations that cannot wait for a regularly scheduled hearing. These hearings are often used in cases where urgent relief is needed, such as domestic violence, child custody issues, or the potential dissipation of marital assets. The purpose of an ex parte hearing is to protect parties or children from harm or prevent irreparable damage to assets while awaiting a full court hearing.
Posted by Michael Geller | Nov 01, 2024 |
Maher (also spelled Mahr or Mehr) is a key component of an Islamic marriage contract, representing a financial obligation a husband owes to his wife. While it is rooted in Islamic jurisprudence, maher can intersect with California family law, particularly in cases of divorce or marriage disputes involving Muslim couples. This blog aims to explain the concept of maher, its religious significance, and how it is treated under California law.
Posted by Michael Geller | Oct 01, 2024 |
Divorce can be one of the most emotionally challenging experiences for parents and children alike. In California, as in many states, courts strongly encourage cooperative co-parenting, which requires clear and respectful communication. However, communicating effectively during a divorce is often easier said than done, especially when emotions run high. Misunderstandings, heated exchanges, and conflicting schedules can create further stress for both parents and children.
Posted by Michael Geller | Sep 01, 2024 |
Child support is a crucial aspect of family law in California, ensuring that children receive the financial support they need from both parents after a separation or divorce. Whether you are the custodial or non-custodial parent, understanding how child support works and the role of California's Department of Child Support Services (DCSS) can help you navigate this essential part of family law more effectively.
Posted by Michael Geller | Aug 01, 2024 |
If you’re going through a divorce or dealing with child support issues in California, it’s important to stay informed about recent legislative changes that could impact you. Senate Bill 343 (SB 343), effective September 1, 2024, introduces significant updates to child support laws in California. These changes aim to create a fairer and more accurate system for determining child support obligations. Here’s what you need to know about SB 343 and how it could affect your child support arrangements.
Posted by Michael Geller | Jul 01, 2024 |
Navigating family law issues can be particularly challenging when dealing with a narcissistic spouse or partner. In California, family law encompasses various aspects such as divorce, child custody, and domestic violence, all of which can be significantly impacted by the presence of narcissistic behavior. This blog aims to shed light on how narcissism affects these areas of family law and provide guidance on addressing these issues effectively.
Posted by Michael Geller | Jun 01, 2024 |
Dividing real estate during a divorce in California can be one of the most complicated and contentious aspects of the process. Real estate is often one of the largest assets a couple owns, and determining how to divide it fairly requires careful analysis and legal expertise. California is a community property state, meaning that most assets acquired during the marriage, including real estate, are considered jointly owned and must be divided equally upon divorce. However, there are important nuances to this rule that make the division of real estate complex.
Posted by Michael Geller | May 01, 2024 |
In the intricate world of family law, where emotions often run high and stakes are deeply personal, there exists a legal safeguard known as the "Gavron Warning". Named after the landmark California case, Marriage of Gavron (1988) 203 Cal.App.3d 705, this warning holds significant importance in matters of spousal support, particularly in ensuring financial independence and accountability post-divorce.
Posted by Michael Geller | Apr 01, 2024 |
In the realm of family law, California Family Code Section 3044 plays a significant role in safeguarding the best interests of children in cases involving allegations of domestic violence. This statute establishes a presumption against awarding custody or visitation rights to a parent who has been found to have perpetrated domestic violence against the other parent or the child. While this presumption serves to protect vulnerable parties, it is not absolute, and there are avenues for rebutting it under certain circumstances. Understanding how to effectively rebut the presumptions outlined in Family Code Section 3044 is crucial for parties navigating custody and visitation disputes in California family courts.
Posted by Michael Geller | Mar 01, 2024 |
Establishing paternity is crucial for unmarried fathers in California who wish to secure their parental rights and responsibilities. Unlike married fathers, unmarried fathers do not have automatic legal rights to their children. Therefore, understanding the process and implications of establishing paternity is essential for protecting the father-child relationship.
Posted by Michael Geller | Feb 01, 2024 |
In California, establishing parentage, often referred to as paternity or parentage, is essential for unmarried parents. This process ensures that the legal rights and responsibilities of both parents towards their child are recognized and enforced. Here’s a detailed look at how a parentage case starts in California when parents are unmarried.
Posted by Michael Geller | Jan 01, 2024 |
Child custody battles can be some of the most challenging and emotional aspects of a divorce. When issues of substance abuse are involved, these cases become even more complex. One tool that has proven to be invaluable in such scenarios is Soberlink. This device and its accompanying technology provide a reliable way to monitor sobriety, ensuring the best interests of the children are prioritized.
Posted by Michael Geller | Dec 01, 2023 |
Divorce can be a complex and emotionally taxing process, often involving the division of assets and the establishment of spousal support. One option that divorcing couples in California might consider is the buyout of spousal support. This arrangement allows one spouse to pay a lump sum to the other, in lieu of ongoing monthly support payments. Here's a closer look at what a spousal support buyout entails, its benefits, and potential drawbacks.
Posted by Michael Geller | Nov 01, 2023 |
Spousal support, often a contentious issue in divorce proceedings, is critical in ensuring financial fairness between parties post-divorce. In California, Family Code Section 4320 outlines the factors courts consider when determining post-judgment spousal support. This blog delves into the specifics of Section 4320, providing insights into how courts make these important decisions and what parties can expect during this process.
Posted by Michael Geller | Oct 15, 2023 |
Child custody battles can be emotionally charged and legally complex, especially when domestic violence is involved. In California, Family Code Section 3044 plays a pivotal role in determining child custody arrangements when there is a history of domestic violence. This blog post explores how domestic violence affects child custody in California and delves into the details of Family Code Section 3044.
Posted by Michael Geller | Oct 01, 2023 |
Navigating the legal system can be particularly challenging for survivors of domestic violence, especially when it comes to the financial burden of legal representation. Recognizing this, California Family Code Section 6344 includes provisions for the awarding of attorney's fees in domestic violence cases. This blog explores the key aspects of attorney's fees under Section 6344, highlighting how this provision aims to level the playing field and ensure access to justice for all parties involved.
Posted by Michael Geller | Sep 15, 2023 |
Family law proceedings can be emotionally charged and contentious affairs, particularly when child custody is at stake. In California, Family Code Section 3027.1 aims to address the serious issue of false child abuse allegations in such cases. This legal provision serves as a crucial safeguard to ensure that the best interests of the child are protected while preventing the misuse of allegations for personal gain or revenge. In this blog, we will explore the implications of Family Code Section 3027.1 and how it works to strike a balance between protecting children and safeguarding against false accusations.
Posted by Michael Geller | Sep 01, 2023 |
Child support is a crucial aspect of family law, ensuring that children receive the financial support they need when their parents are separated or divorced. While the primary goal of child support is to provide for the child's well-being, it may come as a surprise to many that it can also have an impact on one's credit. In this blog, we'll delve into why child support affects credit and the implications it can have on individuals involved in such arrangements.