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Marin County Family Law Blog

The blog posts and information contained in this portion of the Rachel Castrejon Family Law and Mediation website are intended to provide information about some of the common issues that arise in a divorce, child custody, or other family law matter. The information provided here should not be construed as legal advice for your specific case as each case is unique. Family law matters can be complicated and seeking advice from a qualified family law attorney about your specific case is recommended.
Adult Child Support

Is My Adult Disabled Child Entitled to Receive Support?

In California, a parent has a right to receive child support for an adult disabled child. Family Code section 3910 provides: “The father and mother have an equal responsibility to maintain, to the extent of their ability, a child of whatever age who is incapacitated from earning a living and…

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House With Money

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 community property with right of survivorship combines the benefits of…

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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 child should consider how best to support continuity and stability…

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Protect Your Divorce Settlement

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 substantially equal assets. Property division pursuant to a divorce…

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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 the amount of alimony paid from his…

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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 family home. That is because, under California…

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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 will be split equally unless either party…

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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 control the outcome of the case.  When…

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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 offers a lower cost alternative to divorcing couples. Since…

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