CEB Contributor
Tamarah Haet
Content Attorney at Continuing Education of the Bar (CEB)
Tamarah Haet is the project manager for the family law titles at CEB, where she has worked for over 19 years. She also maintains a private family law mediation practice in the East Bay.
Educational History • University of California, Davis School of Law, Public Interest Law Scholar (1995) • University of California, Berkeley, Dual BA, Social Welfare and Legal Studies (1989)
CEB Region:
Bay Area RegionPractice Areas:
Family Law
CONNECT
Continuing Education of the Bar (CEB)
Counties Served: Alameda, Contra Costa, Marin, San Francisco, San Mateo, Santa Clara
Content by Tamarah Haet
-
Arora v. Arora: Family Code Section 271 Sanctions May Apply to Conduct in Contempt Proceedings
November 4, 2026
Tamarah Haet
Family Law
In
Negotiating Prop. 19 Benefits in California Divorces: Who Gets the Property Tax Basis?
October 14, 2026
Tamarah Haet
Family Law, Real Property, Tax Law
Proposition 19,
Here Are the Most Significant California Family Law Bills Headed to the Governor's Desk
September 2, 2026
Tamarah Haet
Family Law
California's 2026 legislative session is nearing the end of its cycle and has produced several bills that could impact California family law practitioners. Here are some measures to watch that have cleared the Legislature and are headed to Gov. Gavin Newsom's desk to be signed or vetoed.
Second District Upholds Trust Revocation, Despite Technical Violation of Family Code 2040 Filing Requirement
August 12, 2026
Tamarah Haet
Family Law, Trusts & Estates, Estate Planning
In its recent holding in
Broken Heart, Broken Contract: Who Gets the Engagement Ring When the Wedding Is Off?
July 22, 2026
Tamarah Haet
Family Law
To the delight of Swifties and Kansas City Chiefs fans everywhere, Taylor Swift and Travis Kelce tied the knot earlier this month in New York City. Media reports have described Swift's engagement ring as featuring an old mine-cut oval diamond, bezel-set in gold —a piece that generated almost as much commentary as the proposal itself. But not all betrothed couples actually make it to the altar. When an engagement ends before the wedding, one question often arises: who keeps the ring?
Petitions for Change of Name or Gender and Sex Identifier to Receive Enhanced Privacy Protections Starting July 1
July 1, 2026
Tamarah Haet
Family Law, Litigation Practice & Procedure, Privacy & Information Security, Types of Privacy Protections, Health Information Privacy, Information Security Planning, Handling Health Information
California's
Bigamy and the Limits of California's Enforcement of Judgments Law
June 10, 2026
Tamarah Haet
Appellate Law, Family Law
The California Fourth District Court of Appeal's recent ruling in
Balancing the Scales: Screening for Financial Imbalance in Divorce Mediation
May 20, 2026
Tamarah Haet
ADR, Family Law, Default or Uncontested Actions
Private divorce mediation has become an increasingly common method of resolving family law disputes in California, driven both by court encouragement and client demand for processes that are lower in conflict and more cost-effective, private and efficient. Although precise statewide data on the use of private mediation is limited, the expansion of family law mediation practices reflects the method's growing role in California divorces.
In Marriage of Bowman, Appellate Panel Affirms Judge's Discretion on Attorney Fees in Family Court
April 29, 2026
Tamarah Haet
Appellate Law, Family Law, Attorney Fees & Costs (Family Law)
A recent case in California's Second District Court of Appeal (
AB 1978 Proposes Rebuttable Presumption for Custody in California
April 9, 2026
Tamarah Haet
Family Law
California’s
Fetch Me Some Actual Authority: AI Hallucinations Come for a California Pet Custody Case
March 18, 2026
Tamarah Haet
Appellate Law, Family Law, Legal Ethics
In a
Second District Provides Continued Clarification of Legal Standards of Abuse Under DVPA
February 24, 2026
Tamarah Haet
Family Law, Domestic Violence Prevention Act (DVPA)
In the recent case of
Securing Lifetime Spousal Support: Marriage of Nelson and the Application of Family Code Section 4360
December 4, 2025
Tamarah Haet
Family Law
In its recent decision in
California Conforms: SB 711 Ends the Spousal Support Deduction Divide
November 12, 2025
Tamarah Haet
Family Law, Tax Law
California's
Fugitives, Family, and Federal Law: Ninth Circuit Takes on the 'Fugitive Disentitlement Doctrine'
October 22, 2025
Tamarah Haet
Family Law
In its recent opinion in
Update on 2025 Legislation Impacting California Families
October 2, 2025
Tamarah Haet
Family Law, Immigration Law
California has seen a wave of proposed legislation this session aimed at addressing the evolving needs and challenges facing families across the state. As these laws continue to take shape, they are poised to significantly impact the rights and well-being of families in critical ways. Read on for an overview of some of the key bills.
Rights and Relatives: Grandparent Visitation on Trial in Recent Second District Opinion
September 9, 2025
Tamarah Haet
Appellate Law, Family Law, Child Custody and Visitation
In its recent decision in
Earnings of Immigrant Sponsored by I-864 Affidavit Are Considered at Divorce, Fourth District Holds
July 9, 2025
Tamarah Haet
Family Law, Spousal Support, Immigration Law
In its recent opinion in
California's AB 1064 Proposed to Safeguard Children from Risks of Artificial Intelligence
June 18, 2025
Tamarah Haet
Business Transactions, Family Law, Privacy & Information Security
On February 20, California Assemblymember Rebecca Bauer-Kahan (D-San Ramon), in partnership with Common Sense Media, introduced
Assembly Bill 1375 Aims to Protect Human Child Trafficking Victims in Family Court
May 28, 2025
Tamarah Haet
Family Law, Child Custody and Visitation
Sponsored by the nonprofit
When You Die, Your Child Support Obligation Lives On...
May 7, 2025
Tamarah Haet
Family Law, Trusts & Estates
What happens to child support when a paying parent dies? In California, their child support obligation does not automatically end.
California's Fourth District Goes Back to Family Law Basics with Marriage of Freeman
April 16, 2025
Tamarah Haet
Family Law, Real Property
California's Fourth District of the Court of Appeal recently took us back to basics in
Good News for Future Divorcing Homeowners in California: Loan Assumptions
March 26, 2025
Tamarah Haet
Family Law, Real Property
Almost
First District Reiterates Need for Broad Construction of Domestic Violence Prevention Act
March 5, 2025
Tamarah Haet
Appellate Law, Family Law
A recent decision by California's First District Court of Appeal highlights that courts should broadly construe the state's Domestic Violence Prevention Act when considering whether to renew a domestic violence restraining order.
Family Code Authorizes Payment for IVF Fees Incurred Before Parentage Petition, Fourth District Holds
February 12, 2025
Tamarah Haet
Family Law
In
New Family Laws Taking Effect in California in 2025
January 22, 2025
Tamarah Haet
Family Law
The second year of California’s 2023-2024 legislative session created several new family laws for the new year. Highlighted below are a few that may be of interest to California’s family law attorneys and judicial officers. All of the laws discussed below took effect on Jan. 1, 2025.
California's Child Support Commissioner and Family Law Facilitator Program Aims to Streamline Court for Parents
December 19, 2024
Tamarah Haet
Family Law
California's Child Support Commissioner and Family Law Facilitator Program is a mandated statewide program designed to expedite child support cases and demystify the court process for parents. Created in 1996, the program is intended to help parents navigate the court and to obtain orders for parentage, child support and health insurance in an efficient and simple manner. (See AB 1058 (Stats. 1996, ch. 957).)
Checklist: Collecting Evidence on Marital Standard of Living for Long-Term Spousal Support in California
October 30, 2024
Tamarah Haet
Family Law
When awarding long-term spousal support in a divorce or legal separation, family courts in California must analyze the factors laid out in
SB 1427 Creates New Joint Petition Option for Divorcing Couples in California
October 9, 2024
Tamarah Haet
Family Law
As of January 1, 2026, Californians will have a more humane way to begin divorce proceedings, thanks to the passage of
Beverly Hills Men's Clothier Can't Touch Wife's Pockets in Dissolution Proceedings, Fourth District Holds
September 18, 2024
Tamarah Haet
Family Law
In its recent opinion in
California Supreme Court Untangles ICWA Inquiry Issues in Pair of New Decisions
August 28, 2024
Tamarah Haet
Family Law
In a pair of decisions issued last week, the California Supreme Court resolved two narrow but important issues related to the Indian Child Welfare Act (ICWA) (25 U.S.C. §§1901–1963) that have long divided the state's Courts of Appeal.
Obtaining and Staying an Earnings Assignment for California Child or Spousal Support
August 7, 2024
Tamarah Haet
Family Law
Obtaining a support order for a client in a family law case is always gratifying, but it's not the end of the story. Even when nonpayment is likely to be a nonissue, it is important to understand how earnings assignment orders work.
No-Fault Divorce, Which Has Drastically Reduced U.S. Domestic Violence Rates, Is Under Fire From Republican Lawmakers
July 17, 2024
Tamarah Haet
Family Law
Half a century ago, California revolutionized family law with the enactment of the California Family Law Act of 1969. Best known for introducing “no-fault divorce,” the Family Law Act significantly reimagined family courts in an effort to address divorce in a comprehensive way, and to reduce the friction and hostility created by an adversary divorce process centered on the concept of fault. The option has also significantly reduced domestic violence rates across the U.S. since it was first introduced. But no-fault divorce is the latest target of voices on the religious right, who claim the practice is detrimental to family values.
A Wedding Season Tax Checklist for California Newlyweds
June 26, 2024
Tamarah Haet
Family Law, Tax Law
The summer wedding season is upon us, and in addition to caterers, flowers, and vows, California newlyweds might consider the financial and tax implications of taking the plunge. Here's a short checklist to get started.
Joinder Requirements for Employee Benefits in California Divorces
May 15, 2024
Tamarah Haet
Employment Law, Family Law, Trusts & Estates
In the initial phases of a divorce that involves a division of employee benefits as community property, California attorneys must thoroughly consider the type and nature of pension and retirement plan benefits, for a client who is either a plan participant (employee spouse) and nonparticipant (nonemployee spouse).
Parties Not Entitled to Continuance of Matter of Right After Response to DVRO Petition Filed, First District Holds
April 3, 2024
Tamarah Haet
Family Law
In
Creating a Discovery Plan for Date of Separation Disputes
March 13, 2024
Tamarah Haet
Family Law
Clients are sometimes surprised to learn how significant their date of separation is in divorce cases. The date of separation is defined by
California Leads Third Annual 'Divorce With Respect Week'
February 21, 2024
Tamarah Haet
ADR, Family Law
While there appears to be no authority directly on point, an argument can be made that an attorney has a duty to advise a client of the potential advantages and disadvantages of alternative dispute resolution processes.
'O, What a Tangled Web': Marriage of Gilbert-Valencia & McEachen (Part 1)
January 31, 2024
Tamarah Haet
Family Law
“O, what a tangled web we weave, when first we practise to deceive!” --Sir Walter Scott, “Marmion”
Recent Opinion By California's Sixth Appellate District Dives Deep Into Hindu Marriage Laws
November 29, 2023
Tamarah Haet
Family Law
In a
Two New California Bills Aim to Protect Victims of Domestic Violence
November 8, 2023
Tamarah Haet
Family Law
Two new California laws enacted this year --
Newsom Signs SB 43, Expanding Basis for Involuntary Commitment in California
October 18, 2023
Tamarah Haet
Family Law, Trusts & Estates
On October 10, California Gov. Gavin Newsom signed
Investigating Child Custody Evaluators: Best Practices for Family Law Attorneys
September 27, 2023
Tamarah Haet
Family Law
A child custody evaluation is a comprehensive, structured investigation of parents and children by a mental health professional, resulting in a written report about the family and recommendations for a custody and parenting plan. (Cal. Fam. Code, §§ 3110–3118; Cal. Rules of Court, rule 5.220). Custody evaluations support a greater understanding of a child’s best interest, and are often ordered by the court to assist in deciding the most suitable parenting arrangement for a child. Frequently, the evaluation is prompted by concerns related to domestic violence, substance abuse, mental illness, special needs children, relocation of a child’s residence, or questionable judgment in parenting decisions.
Marriage of Hearn: How to Forfeit a Family Code Section 217 Hearing
September 6, 2023
Tamarah Haet
Family Law, Litigation Practice & Procedure, Attorney Fees & Costs
In
Determining Child Support When a Parent Is an ‘Extraordinarily High Earner’
August 16, 2023
Tamarah Haet
Family Law
Tom Cruise pays Katie Holmes $33,000 a month in child support for their daughter, Suri. Kanye West pays Kim Kardashian $200,000 a month for their four children. It’s hard for most of us to imagine how these sums are needed to address a child’s day-to-day basic needs. But the public policy related to child support is also meant to equalize the standard of living in both parent’s homes, and that’s where things can get a little crazy. Think: bodyguards, 24-hour nannies, private chefs, and private jets to effectuate timesharing with parents traveling all over the world.
Checklist for Setting Aside Judgment for Discovery Violations Under Family Code Sections 2120–2129
June 14, 2023
Tamarah Haet
Family Law
In California, the full and accurate disclosure of all community, quasi-community, and separate property assets, debts, income and assets forms the basis of all orders and agreements dividing property and establishing support. Although most spouses act in good faith to document these items thoroughly and accurately when divorcing, there are always a few that play fast and loose and decide to try to pull one over on their soon-to-be ex.
The Role of Minor’s Counsel in California Custody Cases
May 24, 2023
Tamarah Haet
Family Law
Custody litigation is often fraught, complex, and taxing. To help see their way through competing narratives and conflicting evidence, a judicial officer may appoint a minor’s counsel to help support decision-making about what custody decision is in a child’s best interest.
Court Must Consider Parent's Ability To Pay in Allocating Custody Evaluation Costs
May 3, 2023
Tamarah Haet
Family Law
In a recent opinion, California's First District Court of Appeal
Requesting Need-Based Fees in Custody Cases
April 10, 2023
Tamarah Haet
Family Law
Ninth Circuit Underscores District Court Discretion in Hague Convention Hearings
March 22, 2023
Tamarah Haet
Family Law
In a longstanding and much-litigated child abduction case, the Ninth Circuit recently
Creating a Parenting Plan with an Alcoholic Coparent
March 1, 2023
Tamarah Haet
Family Law
Creating a parenting plan for a separating couple can be tricky, and is made even more so when one parent suffers from an alcohol use disorder. Sadly, substance abuse is one of the most common reasons for divorce, and many children witness evidence of alcohol abuse in the home. The
Biden Signs Respect for Marriage Act, an Important Backstop for Marriage Rights
February 8, 2023
Tamarah Haet
Constitutional Law, Family Law
At the end of the 117th Congress, and with great fanfare, President Joe Biden signed into law the
Discovery Tips for Spousal and Child Support Reimbursement Claims Under Family Code Section 915
January 18, 2023
Tamarah Haet
Family Law
For many, remarriage after divorce seems like a second chance at happiness. Unfortunately, the data tells a different story. Although exact figures are hard to come by, experts cite a divorce rate in the United States of 50% for first marriages, and 60% for second marriages. Third marriages are even more likely to fail.
Use of 'Parental Alienation' in Custody Cases Under Investigation by United Nations
December 28, 2022
Tamarah Haet
Family Law
The United Nations has announced that its Special Rapporteur on violence against women and girls, Reem Alsalem, will investigate how family courts around the world approach the issue of “parental alienation.” Parental alienation is commonly defined as a child’s rejection of one parent as a result of psychological manipulation by the other, preferred parent.
Interim Estate Planning During Divorce
December 7, 2022
Tamarah Haet
Family Law, Estate Planning
As if going through a divorce is not enough, all family law clients should also be asked to consider their deaths. Although the death of either spouse during divorce may seem like a remote possibility for most clients, family law attorneys must broach the need for a new estate plan early and in writing, and should clearly document the client's decisions.
California Law Creates Sanctuary for Trans Youth Seeking Healthcare
November 16, 2022
Tamarah Haet
Family Law
A new California law protects families who travel here from other states to obtain medical care for their transgender youth. This law is a response to a nationwide trend to diminish trans rights and to criminalize families for supporting their trans youth in accessing health care.
2021 Expanded Child Tax Credit Still Available to Grandparents, Foster Parents and Other Guardians
October 26, 2022
Tamarah Haet
Tax Law
The Internal Revenue Service (IRS) is sending letters to over nine million taxpayers who appear to qualify for a variety of tax benefits but did not claim them by filing a 2021 federal income tax return. Many in this group are receiving a notice about the 2021 Child Tax Credit (CTC), which was expanded under the American Rescue Plan and increased the amount of money per child families can receive and expanded who can receive the payments.
New California Law Addresses Parents' Mental Health in Child Custody Cases, with a Focus on Veterans
October 5, 2022
Tamarah Haet
Family Law
California Gov. Gavin Newsom has signed
Legislature Sends Slate of Abortion Protection Bills to Governor Newsom
September 14, 2022
Tamarah Haet
State & Local Government
In the final days of the legislative session, the California Legislature passed over one dozen bills in a historic effort to protect and expand access to abortion, supporting Governor Newsom’s stated goal of making California a “safe haven” for women’s reproductive rights.
Avoiding Conflicts of Interest and Involuntary Recusal in Family Law Cases
August 24, 2022
Tamarah Haet
Family Law
As a matter of professional responsibility, California attorneys have an affirmative obligation to avoid conflicts of interest with current and former clients. This obligation forbids an attorney or firm currently representing divergent client interests and requires avoiding conflicts arising from relationships with other persons. See Cal Rules of Prof Cond 1.7.
Incapacity as Grounds for Divorce in California
August 3, 2022
Tamarah Haet
Family Law
When filling out the Petition (Judicial Council form FL-100) form for divorcing or separating clients, most attorneys automatically check the “irreconcilable differences” under Family Code 2310, subdivision (a) box as the basis of the petition. Though rarely used, dissolution or legal separation may be ordered on one other basis: permanent legal incapacity to make decisions. (Fam. Code, § 2310, subd. (b)).
U.S. Supreme Court Issues Unanimous Hague Convention Case on Child Abduction
July 14, 2022
Tamarah Haet
Family Law
In an opinion authored by Justice Sonia Sotomayor, the United States Supreme Court on June 15, 2022 issued a unanimous decision interpreting the Hague Convention on the Civil Aspects of International Child Abduction. The Hague Convention was adopted in 1980 in response to the problem of international child abductions, and requires the a signatory country to return a child to the country of habitual residence if the child was wrongfully removed or retained. The International Child Abduction Remedies Act (ICARA) (22 U.S.C. §§ 9001–9011) implements the Convention in the United States, granting federal and state courts jurisdiction over Convention actions and directing those courts to decide cases in accordance with the Convention.
Hug v. Nelson: How To Apportion Stock Options at Divorce
June 22, 2022
Tamarah Haet
Family Law
Stock options are a common form of employee compensation granted by many employers, particularly in California. These options are contracts that give an employee the right to buy, or exercise, a set number of shares of the company stock at a preset price, also known as the grant price. Like retirement benefits, stock options are community property to the extent that the work done to earn them is performed between the date of marriage and the date of separation. When stock options are granted to an employee before the spouse’s date of separation but do not become exercisable until after separation, the court has broad discretion in allocating the community and separate property interests.
Retaining the I.R.C. § 121 Capital Gains Exclusion After Divorce
June 1, 2022
Tamarah Haet
Tax Law
With real estate prices sky-high and interest rates climbing, refinancing and buying out a spouse’s community property interest in a family home at divorce is becoming more and more difficult. In addition, many families with children seek to retain the stability of the family home – which makes continued co-ownership for some number of years a very attractive option for many divorcing couples. For couples who have owned a home for many years, this means considering the impact of capital gains – often many hundreds of thousands of dollars of gains.
Service of Process Needn't Be Scandalous
May 11, 2022
Tamarah Haet
Family Law, Litigation Practice & Procedure
While onstage promoting her new film
Service of Process via Social Media? Not Yet in California
March 30, 2022
Tamarah Haet
Litigation Practice & Procedure
Social media is ubiquitous, permeating nearly every corner of our lives. It was only a matter of time before it started making inroads into the legal system. For the time being, at least, California’s legislative and judicial branches have staved off the incursion of social media into the procedural requirements for service of process.
New IRS Guidance for Parents Who Share Custody of a Child, or Alternate Claiming a Child on Their Taxes
March 9, 2022
Tamarah Haet
Family Law, Tax Law
The custody agreements of parents who are divorced or separated generally include a provision stating which parent may claim a child on their taxes. These benefits can be extraordinarily valuable, depending on a family’s financial circumstances. Sometimes, parents will alternate claiming a child from year to year in an effort to equalize the value of these benefits.
California Eliminates Spousal Rape Distinction
January 26, 2022
Tamarah Haet
Criminal Law, Family Law
Although California criminalized spousal rape in 1979, the crime has never carried the same consequences as rape outside of marriage. The leniency is not inconsequential: according to the
Considerations in Using a QDRO for Child or Spousal Support
January 5, 2022
Tamarah Haet
Employment Law
An often overlooked purpose of Qualified Domestic Relations Orders (QDROs) is to provide support to a spouse, former spouse, child, or other dependent of a plan participant. See 29 USC §1056(d)(3). In some cases, benefits such as pension assets may be the only source of support available. Sometimes a QDRO becomes the leverage with which to encourage the obligor to find another source from which to pay the support owed, because most plan members are protective of their pensions.
Tips for Navigating Co-Parenting Arrangements During the Holidays
December 15, 2021
Tamarah Haet
Family Law
The holidays are upon us, and for family law attorneys, that means clients who need extra support in navigating co-parenting arrangements. Added stress can come during this season in the form of disruption to the normal time-sharing schedule with children, multiple family gatherings, pressure from extended family, travel, and financial strain. Give your clients a little extra cheer with these tips and reminders to support a healthy holiday season.
Same-Sex Partners and Spouses Now Eligible for Social Security Survivors Benefits
November 24, 2021
Tamarah Haet
Family Law, Trusts & Estates, Estate Planning
Social Security Survivors Benefits can be a lifeline for loved ones left behind when a family member dies; as many as 6 million Americans rely on these benefits to replace lost income after the death of a family member. Previously denied to same-sex spouses and partners because of bans on same-sex marriage, these benefits are now available equally to all spouses.
Wave of New California Legislation Aims To Protect Victims of Domestic Violence
November 3, 2021
Tamarah Haet
Family Law
California’s legislative session closed last month, and in response to the spike in domestic violence during the COVID-19 pandemic, much of the family law legislation was aimed at bolstering protections for victims of domestic violence. The following is a brief summary of the pertinent bills related to domestic violence. Unless noted otherwise, this new legislation will go into effect on Jan. 1, 2022.
Advance Child Tax Credits and Shared Custody: How Does It Work?
October 13, 2021
Tamarah Haet
Family Law, Tax Law
As part of the American Rescue Plan Act of 2021 (ARPA) (Pub. L. 117–2), roughly 35 million American families started receiving monthly advance child tax credit payments in July of 2021. For eligible families who filed 2019 or 2020 tax returns, the payments will continue monthly through the end of 2021. Each payment is up to $300 per month for each child under age 6, and up to $250 per month for each child ages 6 through 17.
Facts Rule the Day in Determining the Date of Separation in Divorce
September 20, 2021
Tamarah Haet
Family Law
When clients initiate divorce, they're frequently focused on one date: when will this be over? Family law attorneys must redirect their client’s attention to a second date that is often more consequential: their date of separation.
When Divorced Parents Disagree About COVID-19 Vaccines
September 1, 2021
Tamarah Haet
Family Law
As if divorced parents have not had enough to navigate during the COVID-19 pandemic, from “pandemic pods” to virtual schooling, now many families are struggling to reconcile opinions about the vaccination of their children. Family law attorneys are bracing for disputes in which one parent wants their child to get vaccinated against the virus and the other does not. As much as any other issue, this one has the capacity to stoke intense feelings for parents that are deeply personal and very complicated.
New Legislation Protects Victims of Reproductive Coercion
August 11, 2021
Tamarah Haet
Family Law
The Domestic Violence Prevention Act (Fam. Code, §§ 6200-6409) authorizes a court to issue a protective order enjoining a party from engaging in specified acts, including threatening or harassing the other party or disturbing the peace of the other party. “Disturbing peace of the other party” is broadly defined as “conduct that destroys the mental or emotional calm of the other party.”
Custody Orders Before Birth Could Be Critical
June 30, 2021
Tamarah Haet
Family Law
Obtaining custody orders for a child not yet born may seem premature. However, such orders can be critical for many parents.
How to Prepare Your Client for a Vocational Evaluation
May 19, 2021
Tamarah Haet
Family Law
In a divorce case in which a party has requested spousal support, the court has statutory authority to order a party to submit to an examination by a vocational training counselor. A vocational evaluation is designed to assess the party's ability to obtain employment that would permit that party to maintain their marital standard of living. (See Fam. Code, §4331(a)). The assessment is based upon their age, health, education, marketable skills, employment history, and the current availability of employment opportunities.
Substance Abuse in California Divorces
April 28, 2021
Tamarah Haet
Family Law
The Centers for Disease Control and Prevention has reported that alcohol use, drug use, and overdoses have
Early Planning Pays Off When Dividing Retirement Benefits in Divorce
April 7, 2021
Tamarah Haet
Family Law, Trusts & Estates, Estate Planning
When couples begin the process of separation and divorce, the most pressing issues tend to revolve around living arrangements, sharing time with children, and meeting monthly expenses.
Protecting Financial Information in Divorce
February 24, 2021
Tamarah Haet
Family Law
Going through a marital dissolution or other family law proceeding is always difficult. Most family law litigants want their cases completed as quickly and privately as possible. Depending on the facts of the case, its financial complexity, or the identity of the parties, it may not be possible to proceed swiftly or entirely out of the public eye.
Still Connected: Continued Co-Ownership of the Family Home After Divorce
December 22, 2020
Tamarah Haet
Family Law, Real Property, Tax Law
In many divorces, the family home is either sold, or one spouse buys out the interest of the other. In California, with our exorbitant real estate values, a buyout is often not feasible – neither party may have enough money to purchase the other spouse’s interest in the property.
Social Security Benefits Insulated in Divorce -- For the Time Being
December 16, 2020
Tamarah Haet
Family Law, Trusts & Estates, Estate Planning
Most people know that California is a community property state, which means that under the law, marital assets will generally be divided equally between divorcing spouses. It comes as a surprise to many divorcing clients, however, that federal Social Security benefits are not divisible at divorce.
'Coercive Control' Bill Expands Protection for California Domestic Violence Victims
October 21, 2020
Tamarah Haet
Family Law
On Sept. 29, 2020, Gov. Gavin Newsom signed
Fast or Slow (The Law’s the Law): California's Divorce Waiting Period
September 29, 2020
Tamarah Haet
Family Law
Next to “How much is this going to cost?”, the question divorce attorneys likely hear the most is, “How long is this going to take?”
Cryptocurrency: Coming Soon to a Divorce Near You
September 9, 2020
Tamarah Haet
Family Law
Most attorneys have heard of cryptocurrency, but have a limited knowledge of what it is -- and what it means for their clients. The fact that you can use cryptocurrency to make a donation to UNICEF, buy an Xbox from Microsoft, or pay your OKCupid dues suggests that some of us may need to up our game with regard to cryptocurrency. Underscoring that suggestion, the family bar just got its first appellate cryptocurrency case:
Dependency Law for Family Lawyers
August 19, 2020
Tamarah Haet
Family Law
Family law and dependency law are different areas of practice with discrete goals, statutory schemes and presumptions, and courtrooms. While both have jurisdiction over a parent’s custody and visitation rights with children, practitioners in one area generally don't work in the other. There are times when the two practice areas collide, however -- for example, when a parent in the midst of a custody fight makes an allegation of abuse or neglect.
The Agony and the Ecstasy of Divorce Mediation by Zoom
July 15, 2020
Tamarah Haet
ADR, Family Law
Divorce mediation is widely recognized as the ideal way to resolve issues related to the breakdown of a marriage. With COVID-19 forcing divorce mediations online, most mediators have swiftly pivoted to continue supporting couples navigating the trauma of a breakup in the midst of a global pandemic.
Understanding the Family Law Attorney Real Property Lien
June 3, 2020
Tamarah Haet
Family Law, Real Property
Family law attorneys often struggle with getting paid by their clients. For sound policy reasons, contingency fees and fees based on a percentage of an “award” at the end of a case are not an option in family law. However, we do have a unique option available: the Family Law Attorney Real Property Lien (FLARPL). FLARPLs allow either party in a marital action to retain or maintain counsel by encumbering an interest in community real property to secure payment of reasonable attorney fees. (Fam. Code, § 2033.) FLARPLs permit cash-strapped clients to obtain representation, and permit family law attorneys to take on clients they otherwise might have turned down.
California Couples Have an Alternative to Marriage
May 20, 2020
Tamarah Haet
Family Law
In 2003, California adopted sweeping new laws governing the creation, nature, and termination of registered domestic partnerships. (Fam. Code, §§ 297–299.6 (Stats 2003 ch. 421).) Domestic partnership registration was implemented as a way to give the legal protections of marriage to same-sex couples, who at the time were legally unable to marry. They were made available to same-sex couples over the age of 18 and to opposite-sex couples when at least one of the partners was over the age of 62.
Stranger Things: New Initiative Proposes Custody Decisions by Jury
March 25, 2020
Tamarah Haet
Family Law
At a time when the novel coronavirus has made everything we know that much stranger, here’s one just for the family bar: On March 6, the California Secretary of State
SCOTUS Clarifies Hague Convention "Habitual Residence" Analysis
March 11, 2020
Tamarah Haet
Family Law
The Hague Convention on the Civil Aspects of International Child Abduction requires that children wrongfully removed from their country of habitual residence must ordinarily be returned to that country so that custody issues may be resolved between their parents. Signed by 101 countries around the world, and implemented in the United States by the International Child Abduction Remedies Act (ICARA) (22 U.S.C. §§ 9001-9011), the premise of the Convention is that a child’s interests are best served when custody decisions are made in the child’s country of habitual residence. Although determination of this location is a key issue in many Hague Convention cases, the Convention itself does not define the term “habitual residence.”
Divorce and the Form I-864 Affidavit of Support
February 26, 2020
Tamarah Haet
Family Law, Immigration Law
Immigrants are a huge part of California's diverse population. In the course of practicing family law, you will likely encounter some foreign-born clients who are not United States citizens or lawful permanent residents. When these clients are involved in family law cases, there may be special immigration issues to address.
How to Handle Omitted Assets in Divorce
February 12, 2020
Tamarah Haet
Family Law
Sometimes, property is left out of a divorce judgment. And while the term “omitted asset” may conjure an image of funds intentionally concealed, assets are just as frequently left out due to innocent oversight or lack of knowledge.
Estate Planning During Divorce
January 29, 2020
Tamarah Haet
Family Law
The last thing that most clients in the midst of divorce proceedings want to think about is their estate plan. Although they're certainly entitled to ignore estate planning issues, family law attorneys should educate their client--as early as possible--about the potentially enormous unintended consequences of doing nothing.
What Are a Grandparent's Visitation Rights?
January 15, 2020
Tamarah Haet
Family Law
In the midst of a divorce or other destabilizing family situation, a grandparent may be concerned about the impact on his or her relationship with a grandchild. If arranging visitation on an informal basis is not an option, a grandparent may need to formally establish a right to see a grandchild. The California Family Code specifically provides opportunities for grandparents to request visitation with grandchildren in connection with a variety of family law proceedings. (See Fam. Code §§3021, 3040–3041, 3100–3105, 3120.)
What to Consider When Crafting a Custody Schedule
December 18, 2019
Tamarah Haet
Family Law
There was a time when a family law judge faced with a child custody dispute simply picked one parent to raise the child, awarded visitation to the other, and issued a one-line order simply stating, e.g., “Mother is awarded custody of the minor children, subject to Father's rights of reasonable visitation.”
Divorce and Children With Special Needs
December 4, 2019
Tamarah Haet
Family Law, Trusts & Estates, Estate Planning
Coparenting after a divorce is complicated for nearly all parents. When parents have a child with special needs -- an umbrella term that includes a wide array of diagnoses -- parenting together can be particularly complex. Depending on the nature and severity of the child’s issues -- whether medical, psychological, or educational -- these parents may face a lifetime of caregiving and coparenting.
Flummoxed by the Finances in Divorce? A CDFA Can Help.
November 6, 2019
Tamarah Haet
Family Law
As family law attorneys, our clients look to us for answers. They believe that we’re experts on everything from child development to capital gains taxes, restricted stock units, and dividing pensions. Though we do our best to be a one-stop shop of accurate information and sound advice, there are times when we need to enlist professional support to adequately represent our clients.
How ATROs Preserve Custody Rights and Help Guard Against Child Abduction
October 23, 2019
Tamarah Haet
Family Law
Although most people associate restraining orders with domestic violence, some restraining orders go into effect with every single divorce filing in California. These are called automatic temporary restraining orders or ATROs.
Legislature Ups the Ante on Prenups
October 9, 2019
Tamarah Haet
Family Law
It may be too late for Jeff Bezos, who is famously
Tips for Appraising a Home at Divorce
September 25, 2019
Tamarah Haet
Family Law
The family home is often the most valuable asset to be divided in a divorce, particularly in states where property values are high, like California. If neither spouse wants to keep the home--or if neither can afford to--the home must be sold. But if one spouse wants to retain the home, the most common solution is to negotiate a buyout, in which one spouse buys out the other spouse’s community interest in the property.
Challenges of a “Grey Divorce”: When Time is Not on Your Side
September 11, 2019
Tamarah Haet
Family Law
Although divorce rates in the U.S. are declining overall, older Americans are splitting up at a rate higher than ever before. The Pew Research Center reports that the divorce rate among adults age 50 and up “roughly doubled” between 1990 and 2015. For those over 65, it nearly tripled during this period. And these are long marriages: 34% percent of these “grey divorces” were among couples married for over 30 years, and 12% were married over 40.
Who Pays for Student Loans on Divorce?
August 28, 2019
Tamarah Haet
Family Law
Californians owed $133 billion in student loan debt in 2018, more than twice the amount owed just ten years earlier. Dividing that debt on divorce is an issue that couples increasingly face. If you’re married and have outstanding student loans, who’s responsible for paying them when you divorce? The answer depends largely on who benefited from the education.
-
Understanding the Stipulation and Waiver of Final Declaration of Disclosure (FL-144)
Family Law, Default or Uncontested Actions
This Strategy Note addresses the use of Stipulation and Waiver of Final Declaration of Disclosure (Judicial Council Form FL-144) in uncontested and default dissolution actions. It describes the contents of the form, when the form may or may not be used, and sanctions that are available for improper waiver of the final declaration of disclosure.
-
Confidential Client Intake Form (Family Law)
Family Law
This confidential client intake form provides a mechanism to collect information to determine whether a potential client should be scheduled an immediate office appointment, screened further, or rejected without further contact. The following standard document is for illustrative purpose only and should not be used without careful research and adaptation for your practice.
No programs found.
No secondary sources available.
Scroll to TopCopy the link below:
