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)…

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Transmutation

Transmutation issues arise with the parties residence more than any other asset in a divorce. California Law provides that when you transfer title to your spouse during marriage, you no longer have separate property interest in the residence because you have now “gifted” it to the spouse with what is called a “transmutation.” However, any…

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The Honorable Judge Hank Goldberg of the Los Angeles Superior Court Signs Kim K Divorce Judgment

Kim Kardashian is finally divorced. The divorce judgment was signed by the Honorable Judge Hank Goldberg of the Los Angeles Superior Court. Although, Kris Humphries wanted an annulment, based on the allegation the divorce was a fraud and a big publicity stunt, the couple were divorced. There is a difference between an annulment and a…

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Attorney’s Fees: How to be awarded attorney’s fees from spouse or co-parent

Should you seek attorney’s fees from a spouse or co-parent an experienced family law firm is necessary to ensure the award from the court. Attorney’s Fees may be granted under the following code sections: Family Code Section 270: Family Code Section 270 provides that an award of attorney’s fees may be provided if one party…

Detailed Law

Divorce, Legal Separation and Annulment

I always have clients asking me the following questions:  Can I get an annulment?  And, what is the difference between a Legal Separation and Divorce. Annulments: Well, first not everyone qualifies for an annulment.  An annulment is a legal process to wipe out the marriage as if it never happened.  The marriage license becomes void/annulled.…

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Kim K. Seeks a Bifurcation to Overcome the ‘Who’s Your Baby Daddy’ Presumption

California Law is clear, if you are married at the time you give birth there is a presumption that the child belongs to your husband. You could be separated, living apart or even with a new significant other but the law would still presume that the person whom you are legally married to, is the…

family-lawyer

Sherman Oaks Family Law Attorney

The Atighechi Law Group opened up a law office in Sherman Oaks right on the metropolitan Ventura Blvd. We are two blocks east of Sepulveda and Ventura. Should you have any dissolution issues, child custody issues, property dissolution issues in and around Los Angeles then come see us in our Sherman Oaks office. The Atighechi…

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2012 Marriage Protection Act

The 2012 Marriage Protection Act was a ballot measure put into place by John Marcotte of California to ban divorce in the state. It is not known if this act would be considered a serious ballot measure or a joke but with a 75% divorce rate in California the ban could never work. If 694,354…

gag order

Gag orders, leaked documents to the press, ex parte to obtain sole custody, allegations of domestic violence…legal battle at its best

The Mel Gibson and Oskana child custody battle is at its prime with all the legal and emotional drama that probably made for good TV last night on Larry King. Oskana alleged that she appeared on Larry King to talk about the domestic violence she claims that she encountered with Mel Gibson. She claims she…

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Judge Scott Gordon ordered Mel Gibson to pay $20,000 a month in child support

Judge Scott Gordon in department 88 of the downtown los angeles court house ordered Mel Gibson to pay $20,000 a month in child support plus housing to Respondent Oksana.  Petitioner (Mel Gibson) tried to downplay his current income and argued that his station in life is more than the child’s needs would be.  This is…