How Do I Remove a Power of Attorney?
Choosing a power of attorney is an important decision. Essentially, by making this choice you are naming the person who will make critical decisions about your physical and financial welfare should you be unable to make those decisions on your own due to accident, injury, or impairment. Depending on the terms specified in the POA agreement, the designated person—your agent—may have limited or broad authority over many aspects of your…Read More
What Is a Minute Order?
Things move quickly in courtrooms, often demanding later scrutiny by the subjects and lawyers involved in the case. In most courtrooms today, a stenographer and/or a court reporter or clerk records all verbal exchanges. As in less formal meetings, a court reporter’s notes of what takes place in a courtroom are often referred to as “minutes,” taken from the Latin term “minuta scriptura,” or small notes. If you’ve been in…Read More
Jail Time for Unpaid Child Support
Like most states, California family courts prioritize the best interests of children when spouses seek a divorce. This includes child support orders, typically paid by the higher-earning parent to the lower-earner with the intention of providing for the children in the manner they’re accustomed to with the least amount of disruption to their lives. The amount of child support may be negotiated and agreed to by both parents before the…Read More
What are Common Issues in High Net Worth Divorces?
The process of a divorce is an emotionally distressing time and the legal proceedings can become complex and contentious, especially when it’s time to divide marital assets. But for spouses with a great deal of property and assets with a high monetary value, the process becomes even more challenging, often with significant issues to address. Though the 50/50 division of property laws in states like California may sound straightforward, it…Read More
What is a Putative Spouse?
California’s system of family law is in place to provide protection to spouses and children and typically comes into play for divorce cases. Unlike some states, California does not recognize common-law spouses as legally married no matter how long they lived together as though married or whether or not they presented themselves as married to others. Because the courts always consider the best interests of children, the family court does…Read More
Cohabitation Laws in California
California law considers couples in an intimate relationship who live together without the benefit of marriage as cohabitating. While cohabitation was rare in the last century, the most recent census reveals that cohabitation between individuals between ages 18-24 is more common than marriage. Cohabitating couples often build financial interdependence but don’t enjoy the same protections as a couple who are legally wed — especially during separation. Further, unlike some states,…Read More
How Can an Inmate File for Divorce While Incarcerated?
With over 90,000 adults incarcerated in California, the state’s family courts often address common matters of family law for inmates, including divorce. An individual’s incarceration status does not mean they aren’t entitled to their rights in a divorce proceeding. California is a no-fault divorce state, and one spouse being in prison is enough for the courts to consider the marriage as having irreconcilable differences. While more often it’s the spouse…Read More
What is a De Novo Hearing?
For those who believe they didn’t receive a fair hearing in family court or by a county child support commission, a request for a De Novo hearing may offer a second chance to present new evidence or information or to get the perspective of a different judge. A De Novo hearing is an important part of the appeals process. “De Novo” is the Latin term for “of new,” or like…Read More