I have compiled a list of questions that people often ask me.  Remember, there
is absolutely no such thing as a dumb question.  If you don't know something,
please ask it.  I update this list frequently, so if you have a question, please
submit it here.  I guarantee someone out there has the same question, and will
benefit from your courage.  Remember, this column is merely informative, and
in no way is to be construed as legal advice.




















































































Copyright 2006 - 2008.  Law Offices of Kelly Chang.  All Rights Reserved.
Frequently Asked Questions
Phone: (323) 393-5669
Fax:      (323) 315-5234
We know family matters.
Property Division - Top 5

1.  I was smart and put the house in my name.  Can my spouse get half of this?  Yes, if it
was purchased during the marriage.  Under California community property law, anything
purchased during the marriage is community property.  

2.  What if it was with my own money, that I made before the marriage, and I can prove
it?  Again, anything purchased during the marriage is community property.  However, if you
can trace the downpayment to separate property, you may be able to get the downpayment
reimbursed.  Please speak with your attorney.

3.  I was really smart and I made my spouse sign a deed to me.  Is it now all my
property?  Perhaps.  California law allows transmutations of property between spouses.  
However, there will be a presumption of "undue influence."  If your spouse can prove that
he or she was under duress, and did not sign of their own free will, the transmutation will
not be valid.  In addition, the deed must be very clear and contain specific, unambiguous
language establishing the separate nature of the property.  Please speak with your attorney.

4.  My spouse was a shop-a-holic and I never knew.  All the credit cards are in his name.
 Am I responsible for half?  Yes.  Same with community property, community debt is debt
acquired during the marriage.  

5.  Now that I found out that she has major debt, and I want to invest in my own
business, and it seems like our financial interests are different, how do we protect
ourselves?  Is it too late for a prenuptial agreement?  If you are already married, it's too
late for a prenup.  However, you may consult your attorney about the possibility of obtaining
a postnuptial agreement.
Divorce - Top 5

1.   I got married in Texas.  Can I file a divorce in California?  Yes.  No matter where you
got married, you can file a divorce in California if either you or your spouse has lived here
for 6 months, and in the county for 3 months.

2.  I want a divorce, but my husband/wife won't let me.  Can I still get one?  Yes.  
California is a "no-fault" state, and "irreconcilable differences" is sufficient grounds to
terminate a marriage.  Thus, you don't need the other's permission.

3.  What is common law marriage, and does that work in California? In some states, if
you live together for a certain amount of time, and hold yourself out as married, you can be
legally considered married, without a marriage license or ceremony.  Currently, only ten
(10) states recognize this theory: Alabama, Colorado, Kansas, Rhode Island, South
Carolina, Iowa, Montana, Oklahoma, Pennsylvania and Texas, and Washington D.C.  
California is not on this list.  However, if you are previously considered married in one of
these common law states, and later move to California, California will recognize the
previous common law marriage.  

4.   What is the purpose of marriage? For the romantic, marriage symbolizes the bonding
of love, ever after.  Legally, marriage is a civil contract between a man and a woman who
are able to consent to it.  Marriage carries significant legal rights and obligations.  In
California, married people have obligations of "mutual respect, fidelity, and support" to
each other, and have rights to support, community property, tax and insurance benefits, as
well as the right to inherit from each other.

5.  I filed for divorce.  Now what?  After you file the Petition for Dissolution of Marriage,
and you properly serve the other side, they have 30 days to respond.  Because the divorce
takes some time to finalize, it is a good idea to file an Order to Show Cause to establish
temporary orders.  This is a particularly good idea when one party has already moved out,
and you have conflicts regarding custody and visitation, and support, and restraining
orders.  These temporary orders will remain in place until a Judgment is entered.  After
temporary orders are issued, the parties will engage in "discovery process" where you put
everything on the table.  After everything is made known, the parties will try and settle the
case.  If the case does not settle, it will go to trial.  Remember, the divorce is not final until
the Judgment is entered, and you receive a Notice of Entry of Judgment by the clerk.  Do
NOT get re-married unless you receive this form.
Spousal Support - Top 3

1.  What is alimony, and can men get it too?  Alimony, or spousal support, is support
payments made after separation.  Men and women can both receive this.  This is based
on the concept that during the marriage, you have an obligation to support your spouse.  
This obligation will last even after separation, depending on several factors.  Unlike child
support, which is based on a strict mathematical formula, spousal support is based on
the factors enumerated in Family Code section 4320.   

2.  What is this 10-year rule?  A very simple answer to this question is that if you have
been married for over 10 years, you may be entitled to support of indefinite duration.  
However, many many factors affect the outcome, so I would make sure you ask your
lawyer.

3.  I make $5000 a month, and my spouse makes 0.  How much spousal support must I
pay?  There is no simple formula to spousal support.  In Los Angeles, the courts may use
Dissomaster (child support program) to calculate temporary spousal support, but this is
not for sure.  Please ask your lawyer.
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