2019

Blog Posts in 2019

  • 23-Dec-2019

    Marsy's Law: The Victim's Bill of Rights

    In 2008, California was the first state to pass constitutional amendment recognizing what is known as “The Victim’s Bill of Rights.” Also known as “Marsy’s Law,” California’s Victim’s Bill of Rights was ...
  • 23-Dec-2019

    California Parentage Law in 2020

    Recently, the California legislature amended the Family Law Code, so the legal provisions and benefits of paternity determinations may be available for members of the LGBT community who want to start families using methods of Assisted Reproduction ...
  • 18-Dec-2019

    Challenging the Custody Evaluator's Recommendations

    In child custody cases, California courts decide what custody arrangement the parties must comply with upon divorce. Under California law, courts are required to make custody determinations based on the child’s best interest. Generally, ...
  • 16-Dec-2019

    Recent Data on International Parental Abductions

    What Is the Hague Abduction Convention? In 1980, countries from around the world came together to sign the Hague Convention on the Civil Aspects of International Child Abduction—also known as the Hague Abduction Convention—a multilateral ...
  • 26-Nov-2019

    Why the Date of Separation Is Crucial to Your Divorce

    The Date of Separation and Community Property In the United States, the division of marital property upon divorce is governed by two different systems, depending on the state where the divorce was filed: equitable distribution and community property. ...
  • 25-Nov-2019

    The Legal Implications of Parental Kidnapping

    What Is Parental Kidnapping? Parental kidnapping refers to situations where one parent takes and retains custody of their child in contravention to the custodial rights of the other parent. For example, if a mother is awarded primary custody of a ...
  • 22-Nov-2019

    Is Hearsay Unreliable and Inadmissible?

    What Is Hearsay? In the context of courtroom evidence, hearsay refers to out-of-court statements offered as evidence to prove “the truth of the matter asserted.” Simply put, hearsay is any evidence—including testimony and physical ...
  • 22-Nov-2019

    What Assets and Liabilities Are Divisible Upon Divorce?

    Community Property in California When a couple gets divorced in California, a court will distribute their property according to principles of community property. Under California law, the parties to a divorce case will get an equal share of community ...
  • 19-Oct-2019

    Does the Passage of Time Justify Modifying Spousal Support Obligations?

    A controversial subject in family law. Different states have varied approaches and policies for awarding spousal support after divorce. For example, Texas state policy prohibits awarding alimony indefinitely. Texas courts will only award ...
  • 16-Oct-2019

    ICE Targets Marriage Interviews to Detain Immigrant Spouses for Deportation

    One of the most significant methods of immigrating to the United States is through the sponsorship of a close family member who is already a U.S. citizen. Under federal immigration law, spouses, children, and parents of a U.S. citizen have priority ...
  • 10-Oct-2019

    Miranda Warnings and a Criminal Defendant's Constitutional Rights

    Most people who have watched a television depicting the police arresting someone has heard them recite what is known as a “ Miranda warning.” For the most part, Miranda warnings in real-life law enforcement practice cover approximately ...
  • 10-Oct-2019

    The Problem of Double Dipping in Domestic Support Cases

    What Is Double Dipping? Double-dipping refers to counting an asset once for the purpose of dividing community property and again for determining spousal support or child support. Double-dipping typically arises in cases involving an ownership ...
  • 30-Sep-2019

    Understanding Quasi-Community Property

    What Is Quasi-Community Property? If you think “quasi-community property” is one of those technical-sounding terms of legal jargon that was invented to confuse people, you wouldn’t be completely wrong. However, quasi-community has a ...
  • 25-Sep-2019

    Blood Evidence of DUI Under Mitchell v. Wisconsin

    In June, the United States Supreme Court decided Mitchell v. Wisconsin, 139 S. Ct. 2525 (2019)—a case involving the issue of whether the police can take blood evidence from an unconscious driver without a warrant in DUI cases. The Court reached ...
  • 23-Sep-2019

    What's the Difference Between Temporary and Final Support Orders

    Legal proceedings for divorce can take a long time, depending on the circumstances specific to the case at hand. Divorce proceedings can last anywhere between a few months to several years. During that time, it may be necessary to address urgent ...