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,…

gift

Family Code Section 852 takes the Romance out of Gift-Giving

Whenever I hear of the family law rule ” a gift of substantial value must be made in writing” I always think of a romantic moment when a husband surprises his wife with an expensive tennis bracelet of brilliant diamonds and in that moment Family Code Section 852 requires a subsequent written note expressing his intent to divest all community…

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”…

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…

disclosure  Lawyer Los Angeles Ca

Disclosures are Mandatory

Family Code Section 2104 provides that all parties must exchange the preliminary declaration of disclosures. This includes the Fl-150 which is the Income and Expense Declaration, the Schedule of Assets and Debts which lists absolutely all asset and debts that you collectively possess or own with the other spouse. Even if you know of the…