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,…

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”…

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…

alimony-spousal-support

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…

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…

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.…