Marin County Family Law Blog

Community Property with Right of Survivorship – Avoid Tax and Probate Fees
There are several ways to hold title jointly, such as tenancy in common, joint tenancy, community property or community property with right of survivorship. There are advantages and disadvantages to each. Community Property with Right of Survivorship Holding title as...

How to Support Your Special Needs Child Through a Divorce
Whether a child is severely disabled or has moderate learning disabilities such as dyslexia, dysgraphia or auditory processing issues, their ability to thrive depends on continuity and stability. Thus, parents who are going through a divorce with a special needs...

5 Ways to Protect Your Divorce Property Equalizing Payment
Frequently, divorcing couples agree to divide property pursuant to a settlement agreement. Often, one of the parties is obligated to pay the other party an “equalizing payment.” The equalizing payment is the means by which both parties leave the marriage with...

Tax Reform: How it will Impact Spousal Support/Alimony Payments
If passed, the new tax reform bill introduced by Republicans will have a profound impact on couples getting divorced because the right to deduct alimony (spousal support) payments will be eliminated. Under current law, the spouse who pays alimony is allowed to deduct...

When Your Spouse Stops Contributing to House Expenses
Often, couples who are newly separated do not understand their obligations and rights regarding payment of the “family home” expenses. The law regarding payment of “joint expenses” post-separation is not intuitive and can feel unfair to the person who is left in the...

3 Crucial Questions About The Family Home In Divorce
There are three important questions to ask when determining what rights you have regarding the family home. 1. When was the home purchased? If the home was purchased during the marriage and before the date of separation, it is presumptively community property which...

What are the benefits of Mediation In the Family Law Context?
There are four primary benefits to mediation: The parties can control the outcome of their case. Reduced Cost Less antagonism and emotional drain. Mediation is confidential. In addition to the cost savings detailed above, mediation is a way for the divorcing couple to...

Who Pays For Divorce and How Can You Keep the Costs Down?
Not only is going through a divorce emotionally draining and time-consuming, it can also be very expensive. Being efficient while also obtaining ample information that will help you resolve your case is critical to managing the costs of divorce. Mediation generally...

Mediation, Is It Right for Your Divorce and Child Custody Issues?
Are you going through a divorce and want to do it in a way that minimizes the anxiety, emotional turmoil and expense? If so, mediation is the right option of you. Mediation is an alternative dispute resolution process that both parties agree to participate in rather...