Family Law

Recent Posts in Family Law

  • 22-Feb-2020

    Can You Go to Jail for Violating Divorce Orders?

    Going to court can be an intimidating experience for many people. Unless you work in the legal profession, going to court can feel like a completely alien experience. There is a definite order to how things operate in court that would seem silly in ...
  • 21-Feb-2020

    The Benefits of Marital Agreements

    Marital agreements are legally binding contracts that spouses—or prospective spouses—enter into regarding issues related to their marriage. Typically, premarital agreements govern the rights and responsibilities of the parties when it ...
  • 1-Feb-2020

    Monasky v. Taglieri & International Child Custody

    Last week, the U.S. Supreme Court decided a case concerning international child custody cases under the Hague Convention on the Civil Aspects of International Child Abduction. Known simply as the “ Hague Abduction Convention,” member ...
  • 22-Jan-2020

    Different Types of Spousal Support Explained

    Temporary Spousal Support Divorce can be a long process, taking anywhere from a few months to a few years to complete. However, during that time the parties are still legally married but living separately and apart. Not only must each spouse cover ...
  • 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 ...
  • 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 ...
  • 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

    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 ...
  • 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 ...
  • 19-Sep-2019

    Differences Between Guardianship & Adoption

    Parents have certain rights and responsibilities regarding the care, custody, and protection of their children. Those rights and responsibilities are the product of the parent-child relationship—a relationship that the law recognizes as a ...
  • 26-Aug-2019

    Evidentiary Privileges in California

    The Privilege Against Self-Incrimination Under the Fifth Amendment to the United States constitution, an individual may not be compelled to be a witness against themselves in a criminal proceeding. California has a corresponding provision to its ...
  • 22-Jul-2019

    Frequently Asked Questions About Emancipation

    Q: What Is an “Emancipated Minor?” An emancipated minor is an individual under the age of 18 who a court deemed to be capable of enjoying similar rights and privileges as adults. As a result, the civil disabilities that restrict ...
  • 25-Jun-2019

    Why Is Your Date of Separation So Important?

    While most people view marriage and divorce as primarily personal and private matters, they are important legal statuses that state governments regulate. For instance, California has laws prohibiting bigamy, marriage between close blood relatives, ...
  • 21-Jun-2019

    Health Considerations for Fathers in Family Law Cases

    The importance of personal health cannot be overemphasized. Good personal health can extend your life and give you the energy to deal with stress and the fortitude to recover from illness. As a corollary, poor health can shorten your life expectancy ...
  • 21-May-2019

    Considerations for Maternal Mental Health in Family Law Cases

    Although there have been major developments in the field of psychology and mental health, mental illness and wellbeing remain largely misunderstood. Many of the stigmas associated with psychology's past still pervade the general population's ...
  • 15-May-2019

    Insurance Considerations for Divorce

    Many divorce cases involve issues that affect the former child support and spousal support obligations of the parties. Because these obligations have the potential to extend for several years after the couple gets a divorce, certain insurance ...
  • 29-Apr-2019

    Gavel for Hire: The Underground World of Private Judges

    California’s underfunded and overwhelmed public courts have been a major issue for the state’s ability to administer justice, particularly for family law matters. According to the Judicial Council of California’s 2018 Court ...
  • 17-Apr-2019

    California's Unique Rules for Attorney's Fees in Divorce Cases

    When a couple gets a divorce in California, disagreement over critical issues can cause a simple court proceeding to drag out for years. This can cause the parties to incur significant attorney’s fees over time. Given the potential costs of ...
  • 8-Mar-2019

    Assembly Bill 2274: California's New "Pet Custody" Law

    According to a survey conducted by the American Pet Products Association, approximately 85 million families in the United States own some type of pet. California residents, in particular, take great pride in spoiling their animal companions. In fact, ...
  • 28-Feb-2019

    Understanding California's Proposed Child Support Evader Law

    A child support order is a civil judgement that dictates when and how often a parent is required to pay child support. California has very strict laws when it comes to issuing and enforcing child support orders. In fact, the court won’t even ...
  • 18-Feb-2019

    Can Prenups & Postnups Lead to Stronger Marriages?

    In the last 50 years, there has been a significant shift in how Americans conceptualize the institution of marriage. Not only are people getting married later, but they’re also drafting and signing documents that prepare their individual ...
  • 14-Jan-2019

    Enforcing Your Out-Of-State Protection Order in California

    Domestic violence is a national epidemic that harms countless American citizens each year. Like all states, California issues protective and restraining orders to protect individuals and families from physical, sexual, and psychological violence or ...
  • 9-Jan-2019

    The TCJA & Your Divorce

    As of December 31, 2018, the Tax Cuts and Jobs Act (TCJA) has changed which tax benefits and exemptions are available to divorced couples. For example, some of these provisions include noteworthy changes to alimony and dependent exemption deductions. ...
  • 14-Dec-2018

    What You Still Need to Do After Your Divorce is Finalized

    Although there are no more court hearings to attend or lawyers to meet with now that your divorce has been finalized, there are several things you need to still take care of until you can start rebuilding your life. If you recently divorced your ...
  • 29-Oct-2018

    How Remarriage in California Affects Alimony & Child Support

    When couples divorce in California, the court will often order one party to pay the other alimony and/or child support payments to the other. If one of the parties remarries, does that affect spousal support and child support? When it comes to ...
  • 18-Sep-2018

    Back to School Tips for Co-Parents

    Kids are back in school and this is often a busy time for families as they try to get everything together and make sure their children have everything they need to attack the academic year. However, it can be even more hectic for parents who are ...
  • 31-Aug-2018

    Important Information for Legal Guardians

    The following is an overview of frequently asked questions regarding legal guardianship in California. Question: What is a Legal Guardian? Answer: A legal guardian is an individual who are assigned to be the primary caretaker to a minor child or ...
  • 15-Aug-2018

    Protecting Your Business During Your Divorce

    If you own your own business and plan to divorce your spouse, there are a few things that you should first consider. Divorce can be complicated for business owners because it puts their company in a compromising position. From losing your business to ...
  • 13-Jul-2018

    What Is the Community Property Law in California?

    Despite California being a community property state since its inception in 1850, the community property system is not an easy one to navigate. Although spouses are supposed to split all assets 50-50, deciphering community property vs. separate ...
  • 19-Jun-2018

    Everything You Should Know About Common Law Marriage & Palimony

    In the United States, common law marriage has been in existence since the 19 th century. While it might sound archaic, it’s actually still around in one form or another in over a dozen states including Colorado, Texas and Alabama. Here’s ...
  • 29-May-2018

    Can Online Dating Affect Your Divorce?

    Nearly everyone in the U.S. has access to the internet and uses it to video chat with friends, vent about work on social, stream movies illegally, or even find a date through any number of apps like Tinder, Bumble, and OkCupid. The options are ...
  • 25-Apr-2018

    What Can I Do If I Overpaid My Child Support?

    Sometimes, the amount of monthly child support changes over the years. So what happens if you end up paying more than you should've? Unfortunately, according to a case in New York. In Coull v. Rottman, a paying parent who takes credit for overpaying ...
  • 18-Apr-2018

    What Can I Do If I Can't Afford Child Support?

    The child support system is designed to provide children with the financial support required to help them thrive and ensure they are taken care of. However, one of the most common issues that come up after a divorce judgment has been entered is that ...
  • 20-Nov-2017

    What Are the Risks of Online Divorce?

    Before making a big decision, it is completely normal to look at all of your options beforehand. When you consider how to handle your divorce, you may be contemplating using an online legal service. With the progression of technology, online services ...
  • 13-Sep-2017

    How to Get a Restraining Order in California

    If you are a survivor of abuse or are being threatened with violence, a restraining order can help keep you and your loved ones safe. A restraining order prohibits an abuser, such as a former spouse, from contacting or even coming within a certain ...
  • 9-May-2017

    Getting A Divorce: Who Gets the House?

    If you are going through a divorce, you may need to decide how your marital properties and assets are divided between you and your spouse. If you are a homeowner, you may also have to decide how your home will be handled. This can be an incredibly ...
  • 17-Apr-2017

    7 Signs of Parental Alienation Syndrome

    During a divorce, lifestyle shifts can impact a child’s sense of balance and wellbeing. He or she may push away one parent or another as they struggle with trust issues. If this behavior is persistent, it is called Parental Alienation Syndrome ...
  • 20-Jan-2017

    Changes to San Francisco Parental Leave Law Give Parents Get More Time & Money

    When you have a child, you will naturally need to take some time off from work to recover and spend time with your new baby. Unfortunately, most states and cities in this country do not require or encourage companies to provide their employees with ...
  • 12-Dec-2016

    Tips for Coping with Divorce During the Holidays

    While the holidays are traditionally a time of family get-togethers and joyful celebration, this time of year can be particularly rough for individuals who have recently divorced. In addition to magnifying feelings of loneliness, the holidays can ...
  • 16-Nov-2016

    How Custody Can Affect Stepparent Adoption

    Adoption is often regarded as a complex family law process due to the numerous legal steps involved. Stepparent adoption, on the other hand, is sometimes considered the simplest form of adoption because one parent is already the biological parent of ...
  • 20-Sep-2016

    How Child Custody is Decided in California

    Divorce can pit two spouses against each other as they vie for certain rights and pieces of communal property. Out of all the aspects of a divorce that can spark a fight and turn it into a contest, there are none that strike as close to home as child ...
  • 26-Aug-2016

    Why Prenuptial Agreements Are Important

    If wedding bells are in your near future, you are probably both overwhelmed and excited about the changes and possibilities that will come with married life. While getting married is undoubtedly a time of celebration, it should also be a time for ...
  • 25-Apr-2016

    The Importance of Preliminary Financial Disclosures

    Dividing assets, debts, and liabilities between divorcing spouses is one of the most important and contentious steps in the divorce process. In order to determine who gets what property, spouses must complete and exchange preliminary financial ...
  • 7-Apr-2016

    An Overview of Interstate Custody Arrangements

    Determining child custody in a divorce can be a contentious and complicated matter in any scenario, especially if a child’s parents live in two different states. When parents involved in a custody battle do not live in the same state, this can ...
  • 28-Mar-2016

    Does Legal Separation Affect Health Insurance?

    Good health insurance policies are becoming notoriously difficult to find or afford, even after numerous government programs and plans. If you are like many other Californians, you actually rely on your spouse’s health insurance coverage for ...
  • 29-Feb-2016

    What Is Juvenile Dependency?

    When a child’s safety is called into question, Child Protective Services (CPS) will sometimes step in and remove a child from their parents’ care. This action will often spark a juvenile dependency case to determine if a child’s ...
  • 22-Feb-2016

    How Can Social Media Affect My Divorce?

    Posting on social media has become a social norm in modern America. Whenever something happens in our lives, our knee-jerk reaction is to snap a photograph and share our experience with all of our online friends. While Facebook, Instagram, Twitter, ...
  • 19-Feb-2016

    Stay Connected with Hanson, Gorian, Bradford & Hanich

    At Hanson, Gorian, Bradford & Hanich, we pride ourselves on creating long-lasting relationships with the clients that we represent. We know that family law cases, such as divorce, involve some of the most complex and emotionally challenging areas ...
  • 9-Feb-2016

    Why Should I Establish Paternity?

    Is the paternity of your child in question? In the United States, it is crucial that parents legally establish the paternity of their children to ensure they are able to receive key benefits. Many parents do not establish paternity out of fear of the ...
  • 2-Feb-2016

    Is Your Prenuptial Agreement Valid?

    If you have been divorced before, you know how much trouble can arise in even the most amicable of endings. Property division, alimony, child custody and more can all quickly get tangled up in litigation and your word against your spouse’s. ...
  • 25-Jan-2016

    I Can't Afford Child Support! What Should I Do?

    Contrary to popular belief, not all parents who fail to pay child support do so out of spite or abandonment. In fact, many Americans experience this issue, as the United States Census Bureau’s (USCB) 2003 survey indicated that only 45.3% of ...
  • 4-Jan-2016

    Benefits of an Uncontested Divorce

    The thought of the typical divorce is sure to stir up imagery of heated arguments, bitter ends to once-promising relationships, and children feeling isolated or alienated. It can certainly be a trying, harrowing time for even the strongest of ...
  • 30-Dec-2015

    How to Establish Paternity in CA

    In the state of California, there are three different ways that parents can establish the paternity of a child. Establishing paternity is a highly important endeavor, as it can be essential in deciding a man’s rights to visitation and custody, ...
  • 4-Dec-2015

    What Are the Different Approaches to Divorce in CA?

    Choosing a Method that Suits Your Needs There are a variety of methods that a couple can choose when separating. The most significant choice they can make when determining the distribution of assets, debts, and child custody arrangements is whether ...
  • 2-Dec-2015

    5 Things to Consider Before Divorce

    Divorce can be as sudden as it can be confusing, but that does not have to prevent you from dealing with it on your terms. With proper preparation and some general knowledge about the process, you can really start to understand what is going on, and ...
  • 2-Nov-2015

    What Are the Grounds for Annulment in California?

    Many people erroneously think that an annulment is just another word for a divorce. While both of these legal methods are used to dissolve a marriage, they are not interchangeable terms. Unlike a traditional divorce where you simply end your ...
  • 8-Oct-2015

    What Factors Determine My Visitation Rights?

    In California, when courts come to a decision on visitation rights, or "parenting time," they base their ruling on a number of different factors. Ultimately, these decisions always align with the best interests of the child. To determine ...
  • 2-Sep-2015

    Should I Get a Collaborative Divorce?

    Unfortunately, not all married couples live happily ever after. Nearly 50% of marriages end in divorce in the United States, with many of them resulting in heated legal battles over the distribution of property and custody agreements. While divorce ...
  • 2-Sep-2015

    Should I Get an Annulment or a Divorce?

    An annulment is a court procedure that will void or "nullify" a marriage. This is much different from divorce, as it instead treats the marriage like it never existed. Many people prefer to have their marriage annulled instead of going ...
  • 26-Aug-2015

    Prenuptial vs. Postnuptial Agreements

    While getting married can be a joyous occasion filled with smiles and hope for the future, sadly nearly 50 percent of marriages in the U.S. ultimately end in divorce. If you and your spouse should ever split up, determining who gets what can be a ...
  • 14-Mar-2013

    Custody Disagreements: How the Court Intervenes

    If you and your spouse are not able to agree on custody arrangements regarding your children after your divorce has been filed, then things may get a little difficult for a while. This is because it is often complicated for parents that are ...
  • 14-Dec-2012

    Teen Relationships and Domestic Violence

    Believe it or not, family homes aren’t the only places in which domestic violence occurs. Recent studies are showing that today there are more and more high school relationships that have violent boyfriends. It is important to note that ...
  • 7-Dec-2012

    Preparing Financially for a Divorce

    Going through a divorce is never an easy process, even if you and your spouse are choosing to separate mutually. When filing for a divorce, there are many issues that the couple must sort through, including property, asset, and debt division; spousal ...