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Your father just passed away. You’ve said your final farewell at the funeral, but then realize this is only the beginning. It’s now time to start the arduous probate process. Emotions are already running high, but now you’ve realized there’s something wrong with the will your father left. As a beneficiary who was expecting to receive part of the estate, it’s hard to believe you’ve somehow been excluded. Is there anything you can do? Yes, but you must follow strict rules and guidelines to contest a will. What to Have for Contestation You first need to confirm you are an interested pIf youarty—a beneficiary, a creditor with a valid claim, or legal heir determined by intestacy laws if there is no will—with legal standing to contest a will. This means arguing undue influence, improper execution, fraud, or revocation was involved. In other words, you must seek to prove one of the following: The testator (or the person who drafted the will) did not have the mental capacity (was not of sound mind, meaning they did not understand what they own, the value of each item, and who their natural heirs are) to draft or sign the will in question. The testator was manipulated, coerced, or forced under duress into drafting or changing parts of the will. The testator was deceived in some way to change or omit beneficiaries. There weren’t proper witnesses. The signature was forged. An earlier draft was submitted to probate. You have a strict deadline of 120 days from the start of probate to contest a will if you haven’t already objected to the initial probate hearing. Contesting the Will First step, notify the probate court and the estate of your intention by filing a petition. Next, gather the evidence you need to contest the will. Evidence includes, but is not limited to, a different version of the will, medical records, and witness testimonies. If you have objected to the initial hearing, this will you give you additional time to gather the evidence. Once you have the evidence needed, you will enter it into discovery. Witnesses will then be deposed, and you will go to mediation to remedy the situation through a neutral third-party. If the contestation cannot be resolved through mediation, you will then go to court and present your case to the judge. Costs and No-Contest Clauses If you contest a will, it may cost upwards of few thousand dollars (includes court and filing costs and attorney fees) and could take years to conclude. This is one reason why you want to have a solid case before attempting to contest a will. Another reason is when a will has a no-contest clause. If it does, and you lose the case, you can also lose all the inheritance you would have been subject to. If you have any questions about your rights as a beneficiary, check out our Guide to Beneficiary Rights and then contact a reputable probate attorney.

When you hear the term probate, the first thing that comes to mind is the process of distribution of assets after someone’s death. However, the Riverside Probate Code covers much more than the administration of wills and trusts. From conservatorships and child support to foreclosures and health care, if you are unfamiliar with the ever-evolving changes, it could cost you more than just time or money. The Ever-Evolving Probate Code If you choose to handle probate issues on your own, be aware that since 2024, there have been several significant changes to the Riverside Superior Court Probate Code. These include rule updates for trust termination, child support, and debtor examinations, changes to procedures, forms and terminology, and an expansion in electronic filing will soon open the door to a more streamlined probate process. Let’s take a closer look at a few of the more essential updates to the probate code. ( This is not an exhaustive list; to stay fully informed and compliant, please do your own research or talk to a qualified probate attorney.) Form Changes SB 1106 extends the amount of time you have to notify parties of a move to 20 days prior and emphasizes electronic delivery as the court’s preference for all notices. Within AB 2016, a new Judicial Council form (JCC form) further clarifies the modification and scope of a new dollar limit for the administration of property succession. Foreclosure sale prices must now be at least 67% of fair market value, and sale delays have been enhanced. The Level of Care Declaration, which emphasizes patient privacy in medical information, has been replaced with the Confidential Care Plan form (GC 355). This form must be filed within 120 days of appointment and 10 days before your termination hearing. Non-compliance will result in a $500 penalty and/or removal from the case. Conservatorship Changes A shift to person-oriented language, such as using “a person with a mental health condition” instead of “mentally ill person,” allows for less stigmatizing terminology and emphasizes respect and dignity for those with mental health issues. To help protect an individual’s privacy and digital legacy, conservators can only access a digital asset catalog of a decedent’s assets, while an agent needs explicit power-of-attorney authorization ( SB 1458). And the process for initiating conservatorship proceedings for those experiencing a mental health crisis have also been significantly changed. Death Notice Changes To keep all involved parties informed, you must now include the deceased’s funeral, burial, and/or memorial location to the death notice. Child Support Protecting the financial resources of children with disabilities is the focus of AB 2397, which expands the court’s authority to place child support payments into a special needs trust. Court Orders and Closures The Temecula Superior Court has been closed (as of December 23, 2024) and relocated to the Southwest Justice Center. And finally, to provide efficiency and access to legal documentation, certified copies of court orders must now be completed within 3 days of the hearing date.

Grieving a loved one is painful. Unfortunately, the state doesn’t care—they still expect you to complete the daunting probate process within a year of your loved one’s death. But where to start? 1. File the Probate Petition The first step is to file a request to begin probate with the court. Fill out form DE-111, which includes nine main sections disclosing the petitioner and decedent’s information, who the heirs and beneficiaries are, and whether the decedent was survived by a spouse. Additional paperwork to attach to the petition include a certified copy of the death certificate and the original copy of the will, if possible. Check with your county registrar to see if you can e-file your petition or must file with the superior court in person. 2. Notify Heirs and Creditors It is the job of the executor (or representative if petitioning intestate) to inform all beneficiaries and creditors once the petition is filed. This is a crucial step; any missed notifications may delay the court’s approval. All notices to beneficiaries must include the date, time, and location of the hearing, as well as a receipt of delivery. If there is no will, the appointed representative must locate any beneficiaries or find out what happens to the decedent’s estate in the absence of heirs. The executor must then publish notice of the probate filing in a newspaper to make sure all interested parties are informed. A proof of publication must also be filed with the court. 3. Manage the Estate Collecting Assets The executor must document and collect all assets. A court-appointed “California Probate Referee” will also be assigned to value all assets appropriately. Paying Debts Any outstanding loans, funeral payments, utilities, and other liabilities must be paid. Some debts may be deferred or canceled, such as mortgage debts, Medicaid benefits, or student loans, while others may be protected from creditors or covered by insurance. Handling Taxes All applicable federal and state taxes (income and estate) must be paid. If the estate doesn’t have enough assets to pay for these debts, a declaration of insolvency must be made. Remember, if the estate isn’t managed correctly, or debts are mishandled, the executor may be held personally liable. 4. File Reports It is required, in conjunction with step three, to periodically submit reports detailing all activities and progress. 5. Final Distribution Once all assets have been collected, all debts and taxes paid, and all disputes resolved, it’s time to distribute the remaining assets. The executor will file a petition for final distribution to the court, which will include the final accounting report and proposed judgement of final distribution. Once approved, the executor will distribute the assets and submit receipts signed by the beneficiaries. 6. Closure Upon the conclusion of final distribution, the executor will file a petition for final discharge, releasing them of any personal liabilities related to the estate and closing the case. For assistance in completing your probate, check out our Probate Timeline Checklist and/or call for a consultation.

When it comes to most restraining orders, laws vary in the way individuals are protected from harassment, stalking, sexual abuse, and other intimidating behaviors. However, there is one threat of potential harm that most states have overlooked—isolation. Reverse Isolation Leads to Abuse Affecting mostly elderly and dependent adults, isolation became prevalent in response to the COVID pandemic. To keep vulnerable individuals protected from acquiring a deadly infection, family members were denied access to their loved ones. The phenomenon of isolating healthy individuals from the public, also known as reverse isolation, or reverse RO, allowed caretakers to abuse their positions and keep elderly and dependent adults isolated based on a perceived threat, regardless of whether isolation was necessary. Those in a position of power could now control, exploit, or take advantage of these vulnerable adults and family members had no recourse against it. California Assembly Bill 1243 Is Signed into Law Because of the unique physical, mental, and emotional harm isolation may have on vulnerable adults, California Governor Gavin Newsome signed Assembly Bill 1243 into law. Taking effect on January 1, 2023, AB 1243 is an extension to the Elder Abuse and Dependent Adult Civil Protection Act. It grants someone with a personal relationship with an elderly or dependent adult the right to seek an anti-isolation restraining order to regain their ability to communicate with their loved ones. Why Is an Anti-Isolation Restraining Order important? The only individuals allowed to seek protective orders before the passage of AB 1243 were the elder or dependent adult or their conservator, trustee, or attorney-in-fact. Allowing for anyone to petition for an anti-isolation restraining order allows these vulnerable adults to maintain important and desirable familial connections and protects them from being abused or neglected. How to acquire an Anti-Isolation Restraining Order According to AB 1243, any interested party—defined as any person with a “personal, preexisting relationship with the elder”—may petition the court for an anti-isolation restraining order. Interested parties must provide evidence that: They have had significant contact (i.e time spent together and proof of a meaningful connection) with the elder prior to isolation; they have repeatedly been denied contact; the elder or dependent desires contact with them; and isolation has nothing to do with the elder’s desire to distance themselves from them. To begin the process, file the California Judicial Council Form EA-100 and/or the Request for Elder or Dependent Adult Restraining Order Allowing Contact (EA-300) with the court. A court date will be assigned within 25 days of the filing. If granted, the anti-isolation restraining order may last for up to five years and can be renewed if necessary. Anti-Isolation Restraining Order Exceptions Unfortunately, no one may seek an anti-isolation restraining order if the elder or dependent adult is currently in a residential or long-term care facility. Please speak with a qualified family law attorney at King Law Firm Attorneys at Law, Inc. if you feel your loved one is being isolated or abused. Check out our most recent episode of Gavels Down, Voices Up!

Your decision to file for divorce is tough enough. The last thing you want to deal with while figuring out your new life is a ton of documents, mediation, and court proceedings. Lucky for you, if you live in California, you may qualify for another option – summary dissolution. What is a Summary Dissolution? Summary dissolution is a simplified, less expensive process for divorce or legal separation. How Do You Qualify for Summary Dissolution? The process may be faster, however, there are stringent requirements that must be met to qualify for summary dissolution. First and foremost, the separation must be uncontested, which means both parties agree that the marriage is ending due to irreconcilable differences and to the division of property and assets. Each party must also waive any right to spousal support. Several additional requirements must also be met include: The separation date must be within five years of the date of your marriage. The couple must not have any children together, nor can either part be pregnant. The couple may not own property or land together and may not have debt that exceeds $7,000 (except for car loans). Assets owned by each party may not exceed a net worth of $53,000 together (from the date of marriage) or separately (before the marriage). Except for your primary residence, parties may nat have a rental agreement for land or buildings. If any of the above conditions are not met, you do not qualify for a summary dissolution. Your Guide to Summary Dissolution If you do qualify for summary dissolution, the Summary Dissolution Information booklet ( FL-810) is required reading—you will need to sign under oath that you’ve read it. This booklet details everything you will need, including documents and worksheets that must be completed. Important Information to Know Financial Forms Both parties must complete the following financial disclosures: Income and Expense Declaration ( FL-150) Declaration of Disclosure ( FL-140) Schedule of Assets and Debts ( FL-142) or a Property Delaration ( FL-160) Each spouse will then swap these forms along with tax information and additional investment and business disclosures. Court Filings Once the financial information is complete, you’re ready to fill out and sign the settlement agreement found in the Summary Dissolution Information booklet. This form, along with a Joint Petition for Summary Dissolution ( FL-800), a Judgement of Dissolution and Notice of Entry of Judgement ( FL-825), and your property agreement (a detailed explanation for the division of assets) must then be filed with the court. Deliver two copies (along with the original) to the court clerk and pay the required $435 filing fee. (If you receive public benefits or can prove hardship, you may be able to waive the fee.) Additional local or county forms may also be required. That’s it. There are no court hearings to finalize the divorce. If you have questions, or need assistance with any of the summary dissolution documents, contact King Law Firm Attorneys at Law, Inc.

Divorce is never easy. Along with the emotional strain, dealing with all the forms, procedures, and rules required to file a divorce in California can become overwhelming. Understanding the basic process can help mitigate the stress. Step 1: Prepare to File for a California Divorce The first thing you want to do is inform your spouse about the divorce in person. If doing so is impossible, send an email, or call. Blindsiding your spouse may affect your case down the line, especially when it comes to agreeing to the division of property and support. If you have children, talk to them about what’s happening and give them time to ask questions. Answer honestly and never disparage or speak badly of your spouse. Once all parties are aware of the divorce, collect your passport, birth certificate, insurance policies, bank statements, and any other important documents. Step 2: File Initial Documents Now that you’re prepared, it’s time to file the paperwork. To initiate divorce proceedings, you must be a resident of California for at least six months and a resident of the county for at least 3 months. If this residency requirement is met, fill out and file a petition and a summons with your local courthouse, along with the required $435 filing (or “first appearance”) fee. If you have children under 18, a Declaration under Uniform Child Custody and Enforcement Act (UCCJEA) will also need to be filed. Step 3: Deliver the Documents to Your Spouse Once the paperwork is properly filed, ask a friend, contact the sheriff’s office, or hire a licensed process server to deliver, or serve, the papers to your spouse, who will then have 30 days to file a response. You cannot serve the paperwork yourself. It must be a third party over the age of 18. After they’ve served the papers, ask the third party to file a Proof of Service of Summons with the court as proof they were delivered. Step 4: Share Your Finances Within 60 days of filing the petition for divorce (or filing a response), California fiduciary laws dictate that you must fill out a Declaration of Disclosure, an Income and Expense Declaration, a Schedule of Assets and Debts, and a Property Declaration. Step 5: Make Decisions About Finances, Property, and Children Through the process of discovery (the obtaining of documents and asking questions under the penalty of perjury), you and your spouse will come to terms with the division of assets, property, and childcare. If for whatever reason, a mutual consensus becomes impossible, mediation or a court hearing may be necessary. Step 6: File the Final Forms To finalize your California divorce, you will file a set of final forms. These vary depending on whether written agreements or support orders are included. If all information is accurate and complete, a judge will sign off on the divorce. There is a six-month waiting period before this final judgement is filed. If you have any other questions or concerns, feel free to contact King Law Firm Attorneys at Law, Inc.

Another new year has begun, which means dozens, if not hundreds, of laws have gone into effect as of January 1st, 2024. While we cannot cover all new 2024 laws in California, Arizona, Texas, and Kentucky, we will focus on a few we feel have the greatest impact on your everyday lives. California Gavin Newsom signed 890 bills into law last year. Some were relatively insignificant, while others were more impactful. For a comprehensive list, click here. California understands the importance of your health. Under AB 352, companies handling electronic health records are required to safeguard sensitive information, such as abortion, gender-affirming care, and pregnancy loss, for residents and visitors of California. Meanwhile, AB 663 enables mobile pharmacies to dispense treatment for opioid addictions in any community across the state. As California’s minimum wage rises to $16 per hour, fast food workers will see their minimum wage increase to $20 per hour thanks to AB 1228, while SB 525 raises the minimum wage for healthcare workers to $23. For anyone looking to rent an apartment, AB 12 limits the security deposit amount a landlord charges to a single month. And finally, the California Privacy Protection Agency (CPPA) will create a way for consumers to force data brokers to delete their personal information by 2026. In order to activate this resource, SB 362 requires data brokers to register with the CPPA. Arizona Several new laws in Arizona focused on bettering your finances. Prop 206 increases the minimum wage to $13.85, based on the 2021-2022 inflation rate. At the same time, a tax reform package replaces the state’s income tax scale with a 2.5% flat tax rate — a year ahead of schedule. Also, depending on the situation, one of Arizona’s new laws allows someone arrested, charged, or convicted of a crime the opportunity to request case records for that specific crime to be sealed. Texas Texas had a grueling year as it concerns the number of laws drafted and passed last year. Click here for a more comprehensive list. SB 3 will affect 70,000 businesses, which exempts them from the state’s franchise tax. The exemption will now allow for up to $2.47 million on the business’s total taxable revenue, doubling the previous exemption rate. Universities across the state may not be as excited. SB 17 bans publicly funded universities from activating Diversity, Equity, and Inclusion (DEI) initiatives. This includes creating DEI offices, hiring employees to work for DEI initiatives, and implementing DEI training as a condition of hiring or admission. Kentucky Less than a dozen laws go into effect in Kentucky. The most important involves income triggers from previous laws, which have now allowed the state income tax to drop from 4.5% to 4%. Meanwhile, electric vehicle owners must now pay $120 per year for road maintenance and upkeep. (Hybrid and electronic motorcycle owners will pay half that cost.) Learn more here.

In 1982, California passed the Elder Abuse and Dependent Adult Civil Protection Act and became one of the first states to protect elderly and dependent adults from criminal abuse (physical, mental, and financial), abandonment, abduction, and neglect. Further private civil measures applied to the act in 1991 helped mitigate elder abuse. But by how much? According to the U.S. Department of Justice, 1 in 10 adults over the age of 65 suffer from at least one type of abuse that often goes unnoticed. Fear of retaliation or lack of mental capacity are key reasons why 1 out of 24 cases goes unreported according to the World Health Organization (WHO). More could still be done. Which is why Governor Gavin Newsom signed Assembly Bill (AB) 1243 into law in August of 2022, adding anti-isolation measures to the Elder Abuse Act. What is AB 1243? The rise of the COVID lockdowns made it clear that isolation was a danger to the mental, and sometimes physical, health of elder adults and dependents. When isolated from family, friends, and community, abuse of all forms could go unchecked. In some cases, it could expand and flourish without repercussions. Isolation itself may even be a way for a caregiver to cover up different types of abuse. There was a limited number of parties who could petition for protection from isolation by a caregiver prior to signing AB 1243 into law. Once the law went into effect in January 2023, family members or friends were given the right to petition against forced isolation with an anti-isolation restraining order. What is an isolation? Isolation, as defined under AB 1243, is the recurring act of keeping a vulnerable adult from contact with a particular person, including phone calls, online communication, and in-person contact. What is the impact of anti-isolation restraining orders? You no longer have to be a conservator, trustee, or attorney-in-fact to file for anti-isolation restraining orders. Anyone with an interest in the party in question can petition to enjoin the abuser from isolating the elder or dependent adult from them. Any petitioner must prove a pre-existing relationship to the elder or dependent adult — how they are related or the amount of time they spend with them. They must also prove that the interested party has been forcefully kept from seeing or communicating with the elder in question. In other words, the petitioner must prove the isolation is not due to the elder refusing to see the petitioner by their own recognizance. Because this is often hard to determine due to the elder or dependent adult’s mental state, the court is obliged to use all means to determine the validity behind all claims made. Be aware that AB 1243 does not apply to anyone who currently resides in a long-term care facility or healthcare facility. If someone you care for is being isolated against their will, it may be time to take action. Call us for a consultation today.

The act of marriage, as depicted across many different mediums, is a large gathering of friends and family coming together to celebrate the special union of two people. It’s a very public broadcast of the undying love a couple has for one another. But what if you wanted to keep this union private? Eloping would remove the public spectacle of it all, but you would still need to sign and file a public marriage license with the county clerk’s office. Anyone could still find out about the marriage. The only true way to hide your marriage from prying eyes is to secure a confidential marriage in California. The History Behind the Confidential Marriage Always the trendsetter, California is the only state in the union that offers confidential marriage licenses. Confidential marriage was originally setup in 1878 for couples who lived in remote, rural areas with no access to a church or courthouse. Anyone living together out of wedlock could now be respected in community while protecting their privacy and adding legal protections for inheritance and property rights. The Advantages of a Confidential Marriage The number one advantage of a confidential marriage is privacy. Unlike a public marriage license, a confidential marriage license can only be accessed by the couple unless the person requesting it has a court order. This protects sensitive information, such as full names and places of birth, and keeps it hidden from telemarketers, spammers, and identity thieves. The confidential marriage itself can also remain private. You do not need any witnesses and the ceremony can be done immediately without having to wade through enormous amounts of bureaucratic red tape. No one has to know you got married unless you want them to know. Finally, you do not need an ordained minister or licensed county clerk to administer the license. All you need is a notary public with special authorization to issue, sign, and file confidential marriage licenses. They can even perform the ceremony in your living room. How Do I Qualify for a Confidential Marriage License? The only thing you must do to qualify for a confidential marriage license is to swear that you and your potential spouse are living together. You do not need to offer proof of your claim, nor is there a set minimum amount of time. Possible Abuse Though it’s a perfect solution for celebrities and public figures, confidential marriage licenses can be easily abused. In fact, California almost rescinded confidential marriages in the 1980s, due in part to rampant abuse by polygamists, minors, and those claiming false social security benefits. Major abuse can also happen in the elder community. Predators seek out vulnerable, wealthy seniors and convince them to get a confidential marriage. Because they’re now legally married, the predator can lay claim to the estate without anyone else in the family knowing about it. Regardless, in a political climate where identity theft is as easy as a few keystrokes, the pros of a confidential marriage license far outweigh the cons.

Once again, as a new year begins, a bevy of new laws across the nation have officially gone into effect. Below are three important 2023 laws in California, Arizona, Texas, and Kentucky that residents of each state should know. California AB 2011, also known as the Affordable Housing and High Road Jobs Act, allows for expanded housing to be built in areas currently zoned for commercial property. Unused retail spaces, office buildings, and parking lots can now be transformed into affordable housing and residential communities without the need to go through local approval processes. Almost every state will be raising its minimum wage this year. SB 3 will be raising California’s minimum wage to $15.50, but more importantly, AB 257, also known as the FAST Recovery Act, creates a council made up of workers, employers, and government officials. This council will set rules regarding minimum wage standards and other working conditions for fast food chains with at least a hundred employees nationwide. If someone has served time after Jan 1, 2005, SB 731 will allow that persons record to be expunged. Those with past violent felonies or who have been convicted of a felony within four years of the request may not be automatically eligible but may still petition for expungement. Arizona The minimum wage in Arizona is directly tied to inflation. Due to the current rate of inflation between August 2021 and August 2022, the minimum wage will increase $1.05 to $13.85. ARS 13-911 follows in the footsteps of California’s SB 731, except only those who are arrested and/or convicted after December 31, 2022 are eligible to petition the court for expungement. One year before it was originally scheduled to take effect, Arizona’s 2.5% income tax will dissolve Arizona’s current 4-tier tax structure into one flat rate for all citizens. Texas The court system in Texas is getting a major overhaul. HB 3774 creates new district, statutory county, statutory probate, and criminal law courts, will allow public access to the state court database, and changes certain regulations and how some proceedings are handled. SB 12 reduces the amount of ad valorem taxes—or taxes based on the assessed value of real property—that a school district can impose on elderly or disabled residents. As an amendment to the Texas Clean Air Act, SB 1210 forbids the prohibition of hydrofluorocarbon refrigerant substitutes during construction of residential and commercial buildings. Kentucky The first of 230 new 2023 laws in Kentucky going into effect, HB 9 creates a new model for funding charter schools. These schools may now receive tax dollars from both local and state levels. To help students in higher education, colleges and universities in Kentucky must increase the due process protection rights for students under HB 290. Finally, HB 7 will require individuals to prove to the Cabinet for Health and Family Services that they are working or volunteering in some capacity to receive public benefits. It will also impose stricter penalties for those abusing food assistance programs.

Back in 2019, Nicolas Cage married his then girlfriend Erika Koike after “drinking to the point of intoxication.” Cage, as a lot of people do when in the throes of infatuation, acted on impulse. Four days later, he claimed the marriage was fraud as he was not fully aware of the extent of a relationship between Koike and another person, nor did she disclose her criminal history. Throwing caution to the wind and getting married in front of an Elvis impersonator at a small chapel just off the strip happens all the time. Your first instinct upon realizing what happened the next morning may be to get the marriage annulled as fast as possible. But what happens when you decide to get married in a state like California and have come to regret the decision, or previously undisclosed information suddenly comes to light? Is annulment right for you? First, you must understand the difference between annulment and divorce Annulment declares a marriage was never valid. Under the law, the marriage never existed. Divorce is a legal dissolution or termination of a valid marriage. The marriage will always be recognized as having existed under the law. California Requirements for Annulment Unlike a divorce, in which a specific reason for wrongdoing is unnecessary to begin the process, someone filing for an annulment in California must prove under oath that the statute of limitations has not passed and at least one of the following requirements are met: Related – The parties are found to be related by blood. (No limitations.) Bigamy – One party was already married to someone else at the time of the marriage. (Must file while the previous spouse is still alive.) Underage – The person filing was under 18 at the time of the marriage. (Must file within four years of turning 18). Fraud or Force – Fraud was involved that goes to the essence of why the marriage occurred, or one party was forced into the marriage. (Must be filed within four years from the discovery of the fraud.) Physical Incapacity – One party is unable to consummate the marriage. (Must file within four years of the marriage.) Unsound Mind – One party has a mental illness that keeps them from understanding the concept and duties of a marriage (Must file before one or the other party has died; a conservator may also file in this instance.) Other Considerations Other considerations one might take into account when deciding whether to file for an annulment are asset division, spousal and child support, and custody. Because annulment invalidates the marriage, property isn’t protected as it is under a divorce, nor are you guaranteed spousal support or survivorship benefits. Filing If you meet at least one of the above requirements, it is best to speak to an attorney about filing the paperwork. However, if you wish to file on your own, go to https://selfhelp.courts.ca.gov/divorce-california/annulment/start for more information or download the paperwork at https://www.courts.ca.gov/1246.htm.

What happens after and uncoupling? You have questions; we have answers. I want to pretend my marriage never happened. Can I get it annulled? As unromantic as it sounds, marriage is, in part, a business arrangement. Simply wanting to pretend it did not happen or being unhappy is not enough to annul a marriage. No worries though. No matter how short or long you have been married, California is a no-fault divorce state, and you are entitled to a divorce if you want one. If you are considering an annulment, speak with an attorney to see if you can; otherwise, divorce it is. My ex is dragging out the divorce process and I am ready to get remarried. Is there a way to stop this? This is a super frustrating situation. Divorce is emotionally taxing, mentally draining, and can be financially devastating. So when you are done, you want to be done. You can ask the court to grant you divorce status so that you are legally single, even if you haven’t figured out all the property, support, custody, and other issues. You can also ask the court to start moving the case toward trial if it doesn’t look like you will reach an agreement. My ex is cohabitating and I am paying spousal support. Is there anything I can do? First, look at your divorce judgment to see what it says. In many cases you will be able to modify spousal support if your ex is living in a marital type relationship and has established a new standard of living. You may also be able to modify spousal support if the need for spousal support goes down. For example, someone else is assisting with their bills or they are making more money. I am in the middle of a divorce. If I die now, who inherits? It depends. Simply filing for divorce or being in a divorce proceeding does not change who inherits. Therefore, your current Will or Trust will stay in control. If there is neither of those, then your spouse will inherit some of the community and separate property. If you are getting divorced or separated, it is important to revisit your estate plan so that you can make sure that the people you want to inherit do so properly. 11 years together – never married – and we just separated. What happens now? Marriage certainly has its benefits. One is making sure that each person has rights to property and support. California does not recognize common law marriage, so if you are not legally married you are not married. This means that on separation you can take what is yours. But if there is any jointly owned property, you will have to file a civil lawsuit. Family law courts do not handle the division of non-marital property, but they will handle child custody, visitation, and child support, even when you are not married. My dogs are my family. How will the family law court treat my dogs? In 2019 California passed AB2274, a law that requires family law courts to award custody of a pet based on what is in the pet’s best interest. This could be individual or shared custody agreements. The law is specifically directed at pets. Therefore, I recommend individuals with animals reach out to a family law attorney to determine how the laws can help protect their animals and pets. Do you have questions about your current situation? Need solid advice and advocacy? Rachel King is an attorney licensed to practice law in California, Arizona, and Kentucky. She is the supervising attorney at King Law Firm Attorneys at Law, Inc. Throughout her career she has represented thousands of clients and is an experienced trial attorney. Rachel is a down-to-earth, fierce, and trustworthy advocate for her clients. Contact her today!