California is a community property state, which means that all property acquired during marriage by either spouse is presumed to be community property. Conversely, any property acquired by a spouse before marriage, by gift or inheritance during marriage, or after separation is presumed to be the acquiring spouse’s separate property. However, it is possible for […]
To some, donating sperm is considered an easy way to make some cash. However, for one Kansas man,* donating sperm turned out to be way more than he bargained for. William Marotta donated sperm to a lesbian couple via Craigslist, but did not comply with a Kansas statute that required that a licensed physician perform […]
An Oregon woman, Trisha Conlon, fought to keep her two teenage sons out of the care and custody of their father, John Cushing, after learning he reconciled with his first wife, Kristine Cushing. Already the makings of a classic soap opera, the story only gets more twisted. In 1991, Kristine Cushing was married to John […]
Last month, the Wyoming Supreme Court ruled that the state’s courts have jurisdiction to grant the divorce of a same-sex Wyoming couple who legally married in Canada. This decision slightly enhanced the rights of same-sex couples in Wyoming, but does not address the more controversial issue of whether Wyoming will permit same-sex couples to marry. […]
Prenuptial agreements are increasingly more common among women. This trend partially stems from the growing percentage of females in the modern workplace. Women today, more than before, are seeking to protect their separate property assets by ensuring a prenup is in place prior to marriage. In addition, couples are signing these documents in order to […]
A previous blog posting provided a general outline of Santa Clara County’s approach to the child custody and visitation procedure that occurs when a couple is divorcing or seeking a legal separation. In the second half of this series, the discussion will focus on the phase of the custody process after the Judicial Custody Conference […]
In California, the procedure for deciding child custody and visitation issues in a family law case can vary slightly from county to county. This discrepancy is a result of the local court rules each county has in place. While the Santa Clara County child custody and visitation procedure may differ slightly depending on the particulars […]
In California, the legal date of separation occurs when (1) at least one spouse has the subjective intent to end the marriage and (2) there is objective evidence of conduct that reflects that intent. California is a community property state. This means that under California law, most property acquired by married persons during their marriage […]
If you do not want to proceed with a divorce but are interested in separating from your spouse, a legal separation might be an appropriate remedy. A legal separation may be appropriate for couples who have religious or other personal reasons for not wanting to proceed with a divorce. For example, some couples may not […]
Supervised visitation is judicial order for a neutral third party to be present when a child is spending time with his/her parent. When making a supervised visitation order, a judge may consider a wide variety of factors and goals. Some of the reasons a judge may order supervised visitation include giving the parent time to […]