Child Support Obligations During Active Military Service
202309.13
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Child Support Obligations During Active Military Service

The Servicemembers Civil Relief Act (SCRA), 50 U.S.C. app §§ 501 et seq., is a federal law that was passed by Congress to provide protection for individuals entering or called to active duty in the military service.  It is intended to postpone or suspend certain civil obligations that the service member entered into before entry…

Child Support or Spousal Support Ordered by Military?
202309.06
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Child Support or Spousal Support Ordered by Military?

Family support, including child support and spousal support, is the domain of the state courts, and a military court will not make orders regarding family support. However, the military has an interest in ensuring that military members provide adequate support for their dependents, and has enacted policies to ensure they do so. The Navy policy,…

How Does Military Service Affect Child Custody in California?
202309.05
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How Does Military Service Affect Child Custody in California?

Military members who are divorcing often find themselves torn between their obligations to their country and their obligations to their young children. They may worry that their military service makes it impossible for them to share physical custody of their children. Fortunately, in California there are legal protections for military parents when it comes to…

How is Military Pension Divided In a Divorce?
202309.01
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How is Military Pension Divided In a Divorce?

In California, pensions that were earned during the marriage are considered community property, and can be divided between the parties in a divorce. This rule generally applies to military pension, but there are some special rules that pertain to them. First, in order for the court to divide the pension, the state court’s jurisdiction, or…

What to Know About Prenuptial Agreements : Part 5
202308.17
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What to Know About Prenuptial Agreements : Part 5

Under California Law, a prenup agreement is not enforceable if one party did not execute the agreement voluntarily. One of the requirements for executing an agreement voluntarily under California Family Code Section 1615(c)(2)(B) is a seven (7) day waiting requirement. In order for your agreement to be enforceable and legally binding, you MUST comply with…

What to Know About Prenuptial Agreements : Part 4
201908.22
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What to Know About Prenuptial Agreements : Part 4

If you are entering into a prenuptial agreement (aka prenup) in California, we highly recommend that you do not include any provisions in the prenup regarding child custody, visitation or child support.  For an explanation of what is a prenup, see What to Know About Prenuptial Agreements : Part 1.  It is not uncommon for…

What to Know About Prenuptial Agreements : Part 3
201906.20
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What to Know About Prenuptial Agreements : Part 3

If you are entering into a prenuptial agreement (aka prenup) in California, you must have both the signatures on the prenup notarized.  For an explanation of what is a prenup, see What to Know About Prenuptial Agreements : Part 1.  In the event that a couple signs a prenup and later decides to separate or…

What to Know About Prenuptial Agreements : Part 2
201906.20
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What to Know About Prenuptial Agreements : Part 2

It is very important for each party entering into a prenup in California to disclose all of their assets, debts, income and expenses.  See What to Know About Prenuptial Agreements : Part 1 for an explanation of what is a prenup.  A prenuptial agreement must comply with certain legal criteria in order to be considered…

What to Know About Prenuptial Agreements : Part 1
201905.23
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What to Know About Prenuptial Agreements : Part 1

Both spouses should have a separate independent attorney when entering into a prenuptial agreement in California.   A prenuptial agreement (also called a premarital agreement or prenup) is an agreement that a couple signs prior to getting married. The agreement can protect premarital assets, clearly identify separate and community property assets and how all assets would…