gay-baby2

Same Sex or Non-Biological Parent Presumption Family Code Section 7611

Family Code Section 7611 is my favorite code section because it rewards parents, not biological parents, but moms and dads who are there for the child. Under this code section if a person holds the child out as his or her own, and this child knows that individual as his/her parent, then that parent is considered…

surrogate

The Modern Family/Legalities of Same Sex Parents under Family Law

The modern day family comes in wonderful varieties.  Same sex couples have children, sometimes two men will have a gestational surrogate or a non-gestational surrogate; two women will start a family  and in some situations a woman will have an adulterous affair and bring another child into the home with the non-biological father.  With all of these varieties,…

ashley madison

Advice for Ashley Madison Hack Victims

Are you a victim of the Ashley Madison hack? Ashley Madison is an online dating site meant for individuals in marriages who are looking to have a secretive affair. The release of all names of Ashley Madison members has now placed millions in a position contemplating a divorce. Here is some advice for those victims…

gay marriage

Los Angeles Same Sex Divorce and Family Law Issues

Same sex couples now go through the same legal proceedings as heterosexual couples for the divorce process. The Atighechi Law Group aggressively and compassionately handles gay marriage divorces and paternity actions.  Maryam Atighechi, Esq. has successfully handled child custody issues for same sex/gay couples who have obtained parentage through adoption or as a “presumed parent”…

sSP

What Constitutes Your Date of Separation?

In Re Marriage of Davis is a California Supreme Court case that provided the legal community with a game changing ruling. In California, all property acquired during marriage is community property. All property acquired prior to marriage and from the Date of Separation (DOS) onward is Separate Property. Colleagues and I would often argue (debate)…

Los Angeles Child Custody Lawyer, Los Angeles Divorce Lawyer, Los Angeles Family Lawyer, Beverly Hills Family Lawyer, Beverly Hills Child Custody Lawyer, Beverly Hills Divorce Lawyer

Court Ordered Child Custody Mediation

1.  What is Court Ordered Mediation Both parties in every child custody case must attend court ordered mediation prior to attending the court hearing.   A court appointed mediator will try to resolve the issue for the court by promoting settlement amongst the parties. 2.  Do I Have to Agree with the Mediator’s Recommendation? No.…

jeffires

Jeffries Credits

What are Jeffries Credits? Jeffries Credits, in short, is reimbursement for the mortgage payment on a home the other spouse has sole possession of after separation. A case called In Re Marriage of Jeffries held that payments made on a mortgage by the spouse who does not have exclusive possession of the home is entitled…

Legal Court

Epstein Credits v. Watts Charges

Epstein Credits: Epstein credits are when post separation a spouse pays for community property debt and is entitled to reimbursements.  For example, if you are paying for credit card debt that the community incurred you are entitled to receive half in reimbursements of those payments because it is a community obligation.    Your separate property funds…

Legal Issue

Collaborative Divorce v. “Giving In” to “Not Fight”

I was tempted to write this post because of so many initial consultations I have with divorce clients where  one party says “yeah, but I just want to give all of x,y and z because ” I don’t want to fight”” Usually all of which they want to give is grossly disproportionate to what the other side…