Divorce and Family Law Blog

Is There Common Law Marriage in California?

California doesn’t recognize common law marriage. However, unmarried couples in California still have rights under state law. Consult an experienced family law attorney if you have questions or need guidance. What is Common Law Marriage in California? Common-law marriage is when two people live together and hold themselves out as married even though they haven’t… read more

What’s the Difference Between Legal Custody and Physical Custody in California?

After a divorce, parents often have questions about custody and visitation arrangements. In California, there are two types of custody: legal and physical. Read on to learn more about the difference between these two types of custody and how they may affect your family.  Legal Custody  Legal custody gives a parent the right to make… read more

How To Avoid False Domestic Violence Allegations in San Diego, CA

Domestic violence has only come to public attention in the last few decades. In that time, it has proven to be a very effective weapon against wrongful behavior that was once virtually ignored. Some people now allege that the pendulum has swung too far the other way, resulting in many false accusations.    What Is Domestic… read more

Limitations on Spousal Privilege in California

Spousal privilege is a legal rule that says that a married couple can keep certain information from being revealed in court. This privilege is based on the idea that marriage is a private relationship and that spouses should be able to communicate freely without fear of their words being used against them. The privilege is… read more

Who Is The Affiant When Signing an Affidavit in California?

In an affidavit, the affiant is the person swearing that the statements contained in the affidavit are true. Typically, the only other person who signs an affidavit is a notary public. California affidavits are governed by the California Code of Civil Procedure. An affiant must be very careful to ensure that all of the statements… read more

What Happens During an Emergency Child Custody Hearing in San Diego, California?

Child custody is one of the most contentious issues that couples fight about in San Diego family courts. California encourages parents to work together to develop a parenting plan and custody arrangement that is best for the entire family. Unfortunately, the court must intervene in some cases to decide on custody matters.  Typically, child custody… read more

What Are Interim Orders in a Divorce in San Diego?

When a couple seeks a divorce, the situation can escalate quickly. How do you resolve child support, child custody, property division, spousal support, and other matters while the divorce is still pending?  California courts issue interim orders, which are temporary orders concerning these matters. They apply until the divorce decree is final, at which point… read more

What is a Marital Settlement Agreement?

A marital settlement agreement lays out the terms and conditions of your separation. You and your spouse may agree on absolutely everything, making the entire divorce process go faster and smoother. Or, you may agree on a few things but still need to negotiate the rest. Either way, a marital settlement agreement is binding in… read more

What is a Confidential Marriage and Does it Affect a Legal Separation or Divorce?

A confidential marriage in California allows two people to get married without any witnesses present. A couple can request a Confidential Marriage License by paying an $89 fee. However, there are requirements a San Diego couple must meet. Confidential Marriage Requirements If you want a confidential marriage in San Diego, you and your spouse must… read more

What Can I Do if I Think My Spouse is Hiding Assets During a Divorce?

Getting divorced can involve many issues. Property division can be a contentious issue, especially since California is a community property state. To avoid dividing assets in half, a spouse may try to hide assets. The law requires spouses to disclose all assets in a divorce action. But unfortunately, that does not prevent some spouses from… read more