Why does California have community property?

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Does community property seem crazy to you? Bay Area Family Lawyers may explain to their clients that Community Property dates back to 1849 when the California Constitution established a civil law based community property system under its Constitution.  The Constitution stated:  "All property, both real and personal, of the wife, owned or claimed by marriage, and that acquired afterwards by gift, devise, or descent, shall be her separate property; and laws shall be passed more clearly defining the rights of the wife,  in relation as well to her separate property,  as to that held in common with her husband. Laws shall also be passed providing for the registration of the wife's separate property. "


And 1850,  California created law setting forth a community property  system.  Weird, right? Community Property law has undergone a lot of changes since 1850 - but the basic tenant remains the same. All property acquired during marriage - is community. 

What is FL 117?

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FL 117 or the Notice of Acknowledgement of Receipt form is a family law judicial council form used to tell the Family Court that your spouse has received the Petition for dissolution and that your spouse is a aware that there is an ongoing divorce proceeding.  


After you fill out the FL 117, you will also want to submit at FL 115 to Court.
The date the FL 117 form is signed by the recipient is the day used by the Courts to deem service as proper. On the FL 180 Form *Judgment* , you will use the date that FL 117 is signed as the entry for #3 or the date the Court acquired jurisdiction.  


You can get a Divorce decree 6 months and 1 day after the FL 117 form is signed.    
 

Is Spanking Considered Child Abuse in California?

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Experienced California Family Law Attorneys will advise their clients about what constitutes abuse in a custody dispute.  I recently looked into whether spanking of a elementary aged child by parent of opposite gender could be a basis for diminishing custodial time, or joint legal custody. 


The answer is surprising, and it's No - spanking is not abuse.  Under California Welfare and Institutions Code Section 300(a), reasonable and age appropriate spanking where there is no evidence of physical injury does not constitute abuse.  This also includes harsh words.


If you are surprised, so was I. There have been several legal attempts to change this provision of the Welfare and Institutions Code, however, none have been successful.  Gordon Family Law advocates for co-parenting relationships without violence, and if you are concerned about your co-parent's behavior, please reach out to a mental health professional first to assess the situation. 

 

 

Common California Divorce Mistakes

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Gordon Family Law is committed to educating clients and we want to share some common mistakes we see early in the divorce process so you can avoid making them.

(1)  Making a deal with your spouse about splitting your assets or debts without seeing all the financial information in front of you. If your spouse has always handled all of the financial decisions in your household and you don’t have any information about you and your spouse’s income and assets, your spouse could have an unfair advantage over you when it comes time to settle the financial issues in your divorce.  Make sure you accurately gather all the documents before you agree to any final decision.

(2)  Hiring a lawyer who promises you that they will “win”. As we all know, there is no winning in divorce – generally divorce is the result of many years of consideration and is often a very sad event. A thoughtful divorce attorney will explain that the best outcome for a successful mediation or divorce is to walk about thinking “that wasn’t so bad,” meaning that both parties had to make concessions but they have walked away with primarily what they need.

(3) Tax considerations. Divorce and any property division have potentially huge IRS tax implications.  If you are dividing real property or retirement accounts – please consider talking to a tax consultant or accountant about your divorce. The rules about filing separately or single can impact your taxes in the years after a divorce.

(4) Believing your children will be better with you than they are with your ex.  Divorce is hard on children, but not as hard as you may expect. Children are usually as happy as their most unhappy parent. What that means is that unless there is evidence, meaning CPS reports or a police record, fighting over children is expensive and rarely successful.  We are strong believers in co-parenting and working together with your ex to create logical plans for raising children in separate homes.

(5) Not taking care of yourself. Divorce is one of the most stressful events, besides maybe the loss of a loved one. In the next few months, it’s important to carve out some time for yourself as you go through a divorce. Re-connect with free activities you enjoy – like walking outside, gardening, hiking, and talking on the phone with friends.  If you need suggestions, I am happy to send you a picture of my labradoddle, Griffin.