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,…

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…

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InterState Jurisdiction, Move-Away Cases and Moving the Case to Another Jurisdiction Entirely

InterState Jurisdiction cases are very complex.  So complex that not too many lawyers know the answer on how to change jurisdiction from State A to State B in child custody matters.  This post ties into move-away cases.  A move away case as described in another post on this site is very common and entails arguing…

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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…

Spousal SUPPORT

Common Family Law Myths

Debunking Family Law Myths: Myth #1: Prenuptial Agreements are Difficult to Enforce This is not true. Prenuptial agreements are generally favored. As long as the financials were disclosed in proper form and the requirements associated with drafting a proper prenuptial agreement, they are enforceable in court at a time of divorce. Myth #2: Prenuptial Agreements…

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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…

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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…