California Family Code Section 2104 requires all divorcing couples to disclose to one another under penalty of perjury all of their income, assets, and liabilities within sixty days after filing a Petition or 60 days after filing a Response. Sometimes, a spouse cannot resist the temptation to lie, cheat, or misrepresent their income and assets during a divorce, with the hopes of keeping a larger share of the assets and preventing their spouse from receiving a fair settlement. Married couples often do not realize they have legal obligations to one another, and married couples are governed by th ..read more

Domestic violence affects not only your life but your children, as well, regardless of whether they were directly subject to the violence. It is essential to understand how your custody case will be determined by the Court if there’s a finding of domestic violence. How Does California Define Domestic Violence? California Family Code 3044 describes what it means to “perpetrate domestic violence.” Sections (c) through (f) of this Code section state: (c) For purposes of this section, a person has “perpetrated domestic violence” when he or she is found by the Court to have intentionally or reckles ..read more

When couples in California end their marriage, spousal support may come into play. Also known as alimony, spousal support refers to the financial assistance one spouse provides to the other after divorce. Court considers various factors to determine the amount and duration. Among these factors is the concept of a self-sustaining job. What is a self-sustaining job? A self-sustaining job lets a person support themselves without help from their former spouse. When evaluating whether a person could get a self-sustaining job, California courts consider several factors. These include the individual ..read more

As Laughlin Legal Partner and LGBTQ+ lawyer, Caitlin Ashton, has observed, “As half of a gay couple, married in California, I feel lucky that we were able to legally get married. It has only been since 2013 that that has been an option. So I’m proud to identify myself as an LGBTQ+ lawyer. These days, in California, marriage and divorce between gay couples is legally treated the same as marriage and divorce between heterosexual couples.” So why do we still need to distinguish LGBTQ+ Same-Sex Family Law? Populations that are discriminated against have the most to teach us about legal safeguards ..read more

Amy Laughlin, a divorce and child custody lawyer in San Mateo, knows better than most what’s at stake for the children of divorcing parents. “Nothing trains you to be a great divorce and child custody attorney quite like watching your parents get divorced then getting divorced yourself, then watching hundreds of other parents muddle through it. You see a whole lot of common mistakes and occasionally, a brilliant exception.” Amy herself is the divorced, pre-nupped and remarried mother of two sons, and in addition to her firsthand experience, she has witnessed hundreds of others. Those experienc ..read more

Going through a divorce is a challenging and emotional process. When high assets become involved, the stakes can feel even higher. The financial complexities and legal battles that come with a high-asset divorce can take a toll on your mental health. It is important to prioritize your well-being during this difficult time and take steps to protect your mental health. Support and self-care Surround yourself with a strong support system of friends, family or a therapist who can provide emotional support and guidance. Talking to someone who understands what you are going through can help you navi ..read more

Getting married is an exciting time, but it is also important to consider the legal ramifications of your marriage. It is a common misconception that premarital agreements are only for the rich and famous. A premarital agreement, also known as a prenup, is a contract created before marriage that can help define property rights, financial interests, and spousal support if a marriage ends in divorce. A prenup can help protect your income and assets, and plan for any potential outcome of your marriage – providing financial security and greater peace of mind, as you enter this exciting new chapter ..read more

What is Mediation? Mediation is a confidential process in which a neutral third-party mediator assists the parties in reaching an agreement without going to court. Whatever is said in mediation cannot be disclosed in court. Mediation is typically less formal than court, allowing for a more flexible and collaborative environment. Parties can attend mediation with or without legal representation. Mediation is often used in the divorce process, and it is intended to help parties openly communicate with one another to reach a mutual agreement. In a divorce case, there are generally multiple issues ..read more

Starting the process of estate planning is an important milestone in safeguarding your legacy and ensuring the financial well-being of your family in the years to come. One of the most critical factors to consider when creating an estate plan is taxes. Although complex–and not at all exciting–the tax consequences of estate planning can vastly differ depending upon the structure of your plan. Let’s explore the different types of taxes that can affect your estate: 1. Estate Taxes: Estate taxes are a central concern in estate planning. These taxes are imposed on the transfer of assets after one’s ..read more

A will outlines how to distribute a person’s assets to their heirs. However, disagreements often arise. When these disagreements are serious, it can lead to a contested will. Because contested wills can cause potentially lengthy legal battles, taking proactive steps during estate planning is a must. Use clear and detailed communication Clear communication can prevent many conflicts over a will. Ensure family members understand your intentions by discussing your decisions openly. Address any concerns they may have and maintain transparent communication. Doing so can minimize the likelihood of d ..read more