Category Archives: Family Law

Is My Dowry Agreement Enforceable in a California Divorce?

Sometimes, when a couple marries, they enter into a “marriage contract” that provides for the payment of money to one party, generally the Wife, in the event of a divorce, often referred to as a “dowry”.  That person is often surprised when, during their divorce, they discover that these agreements are generally unenforceable under California…

Am I Allowed to Move Away With My Child During (or After) my Divorce?

One of the most difficult situations parents may encounter during a divorce or custody case is when one parent desires to move a significant distance and take their minor children with them.  This can make continuing and frequent contact with other parent a challenge.  The move can also make it difficult for the other parent…

Can I Establish, Modify, Or Revoke my Living Trust While My Divorce Is Pending?

At the commencement of all California divorce cases, the Court will issue the following order against both parties: Starting immediately, you are restrained from creating a non-probate transfer or modifying a nonprobate transfer in a manner that affects the disposition of property subject to the transfer, without the written consent of the other party or…

Are my Assets Frozen During a Divorce? (Answer – Sort of…) A Summary of Automatic Temporary Restraining Orders (ATROs) Issued in Every California Divorce

When a Dissolution of Marriage case is filed with the Court, certain orders are automatically issued pursuant to California Family Code Section 2040.  They are called “Standard Family Law Restraining Orders” or “Automatic Temporary Restraining Orders (ATROs)” and they are listed on the back of the Summons that must be served with the Petition.  They…

Should I Be Addressing My Estate Planning Needs as Part of My Divorce?

The Answer is Probably: Yes Your divorce has just been finalized (FINALLY!).  You think that you are done with lawyers and paperwork for the time being, right?  Probably not.  Now is when you should be setting up your Estate Plan, or reviewing the Estate Plan you already have in place. Most people are happy to…