by Flora Garcia-SepulvedaTemporary vs. Testamentary Guardianship: What’s the Difference?
Temporary and Testamentary Guardianship are the two primary forms of guardianship. A legal guardian is someone appointed by the court to make legal decisions for another person who is not capable of making decisions for him or herself based on their status as a minor (under the age of 18), or severe physical or mental disability. In this article, you will...
by Flora Garcia-SepulvedaGuardianship of Incapacitated or Disabled Persons
We rarely think of the notion of guardianship when reflecting on decisions we need to make regarding our lives. Often, we have plans for our health, accidental care, disability, investments, and insolvency, but rarely do we look at the need to have a guardian in place to manage the above if we become unable to do so ourselves. Traditionally, this sort of...
by Flora Garcia-SepulvedaStep-by-Step Guide to Establishing a Guardianship of a Child
There’s a lot to consider when you take on the legal guardian of a child. In California, a guardian is a person other than a child’s biological parent who accepts legal responsibility for a child. We’ve provided some essential information to help guide you step-by-step through the process of establishing a guardianship of a child. There are many...
by Edward SepulvedaUnderstanding Guardianship and when is it necessary
A guardianship is a legal relationship established when an individual or entity appointed or designated to care for minor children or disabled adults in a will or by the court. A personal relative or a family member responsible for a minor’s protection may petition the court to nominate the guardian to become a guardian of a child either the party...
by Flora Garcia-SepulvedaWhat’s the difference between Uncontested vs. Contested Divorce?
Let’s learn the difference between Uncontested vs. Contested Divorce. Every year, the state of California sees around 250,000 couples tie the knot. While some live happily ever after, in wedded bliss, this is not the case for some forty percent of those couples. With divorce statistics so high – no true partnership should start without full awareness of the facts. There is a chance your...
by Flora Garcia-SepulvedaWhat You Need to Know If You Are Considering a Prenuptial Agreement
If you are about to get married and have been jolted from the fairy tale by the term ‘prenup,’ then this article is for you. We put together a comprehensive, short-form guide to help you navigate the complex process of prenuptial agreements. Want to know what your rights and responsibilities are? Read on to find out. Read This Guide Before You...
by Flora Garcia-SepulvedaFault Divorce vs. No Fault Divorce: What’s the Difference?
It’s never easy to end a marriage. No couple enters a marriage in search of a divorce, but there is sometimes no other option forward. When the time comes to separate, it’s best to have an experienced family law attorney on your side who will fight for a fair and fair divorce. If you live in the State of California you can file for a divorce...
by Edward SepulvedaChild Support Rights and Obligations in California
Child support is the amount of money ordered by a court to pay a parent or both parents every month to help pay for the living expenses of their child. State law in California presumes that every parent has a duty to support his or her child financially. Child support is for the purpose of providing food, clothing, medical care and ability to get an education. This article will provide...
by Flora Garcia-SepulvedaUnderstanding Child Support Law
Child Support is just one part of a process that can be challenging and stressful. Having some understanding of how child support works and what is required of you will eliminate some of that stress. This article will provide an outline of the basics and most often asked questions about child support law. Each state has its own child support laws based on the federal statute. No two child...
by Fernando LarezUnderstanding Child Custody Rights in California
One of the most significant and most sensitive issues that come to light in every divorce case all over the world is that of child custody. It is important to decide as to who gets to care for the child or children and who the child gets to live with, considering other questions relating to the nature of visiting rights. Some of the critical factors involved in child custody in California...
by Fernando LarezTaxes and Estate Planning for LGBT couples in California
Estate planning and the filing of taxes can vary for LGBT couples based on individual factors. The LGBT community in the United States won their fundamental right to marriage equality in the year 2015 Supreme Court decision of Obergefell vs. Hodges. Since equal marriage rights are enjoyed by LGBT couples, it means estate planning is even essential for them. There are a number of issues which...
by Flora Garcia-SepulvedaConservatorship & Guardianship: What you need to know
A conservatorship (adult guardianship) is a legal proceeding to appoint a person to manage the personal care and/or the financial affairs of an adult that is physically and/or mentally unable to manage their own decisions about health care or money. The person appointed by the court is known as a “conservator,” and is usually a relative or friend, but can also be a professional paid to perform...
by Flora Garcia-SepulvedaAll you need to know about the Adoption process in California
The Adoption process in California are governed by the California Family Code. Any adult may adopt any minor who is at least 10 years younger than them (unless the adoptive parent is a step-parent, sibling, aunt, uncle or first cousin). If the minor is at least 12 years old, the minor’s consent must be obtained for the adoption process. There are several channels through which one may adopt...
by Flora Garcia-Sepulveda5 Things to discuss with a Divorce Lawyer
Filing for divorce is difficult. That is why we have put together this essential Guide to divorce in California with 5 key topics to discuss with your divorce lawyer. Residency Requirements and Exceptions To be eligible to file for divorce (dissolution of marriage) in California, you must be a resident of California for six months and a resident in the county of filing for three months. There...
by Flora Garcia-SepulvedaUltimate Guide for Estate Planning: Probate, Trusts, Last Will and Testaments
A Last Will and Testament (a “will”) is not only for the wealthy and it is not only for the elderly. Everyone needs a will because it is the legal means by which you can tell the world how you want your assets distributed at your death. Without a will and Testament, you will die what is called intestate. This means that state statutes will dictate how your individually owned assets are...
by Flora Garcia-SepulvedaHow is Child Support calculated?
Factors and Considerations when calculating child support in California Unlike many things in the world of divorce and family law as a whole, the calculation of child support is generally very straight forward. The main responsibility of the parents above any other is that both parents are financially responsible for their child and are required to provide support according to their station in...
by Flora Garcia-SepulvedaA Living Will: Everything You Need to Know
A Living Will is an outline of your preferences for the times when you are still alive, but close to death due to health reasons. Thinking about serious accidents, injuries, and death is never fun, but you may want to decide what happens to you in the case of a life event that would make your body unable to keep itself alive on its own. Accidents and illnesses happen and if one happens to you...
by Flora Garcia-Sepulveda