Christy, Keith & Donnell Family Law Group, P.C.FindLaw IM Template2026-11-02T06:54:43Zhttps://www.ckdfamilylaw.com/feed/atom/WordPress/wp-content/uploads/sites/1102859/2026/09/cropped-Fav_Icon_New-32x32.pngOn Behalf of Christy, Keith & Donnell Family Law Group, P.C.<![CDATA[Can you get spousal support if you never worked in the U.S.?]]>https://www.ckdfamilylaw.com/?p=508612026-10-28T05:56:02Z2026-11-02T06:54:43ZWhat does the court consider when awarding support?
Under the California Family Code, judges look at several factors when deciding long-term support:
The length of your marriage
Your age, health and earning capacity
Your standard of living during the marriage
Your financial needs and your spouse's ability to pay
Your support for your spouse's education or career
Any history of domestic violence
Tax effects and financial hardships for either spouse
Together, these factors help the court decide whether support is appropriate and how much to award. Years spent raising children or caring for your home may also matter if that work limited your ability to earn.
How does your work history affect support?
If you have never worked in the U.S., the court may look at how much training you need to find a job. The court may also look at your past jobs in other countries, education and skills to see how much you could earn. In some cases, a vocational expert may also review your skills and job options to estimate how much you could earn in California.
State courts generally encourage spouses receiving support to become financially independent within a reasonable period. However, your age, health and length of marriage can affect that expectation.
You may also qualify for temporary spousal support, which helps cover expenses while your divorce is pending. Courts typically consider both spouses' income and expenses when determining temporary support.
Understanding your financial options after divorce
If you put your career on hold to support your spouse, determining your earning capacity may be more complicated than reviewing your employment history. A California family law attorney can help assess how your overseas qualifications, household contributions and current financial needs may affect your eligibility for spousal support. This can give you a clearer understanding of the financial support you may qualify for as you prepare for life after divorce.]]>On Behalf of Christy, Keith & Donnell Family Law Group, P.C.<![CDATA[Dividing unvested RSUs and stock options in a Bay Area high-asset divorce]]>https://www.ckdfamilylaw.com/?p=508582026-10-15T06:57:00Z2026-10-20T06:55:47ZCommunity property and the timing of equity grants
According to the California Family Code, assets earned during a marriage belong equally to both spouses. When it comes to equity, the key question is when it was granted and why.
Equity awarded as compensation for past performance during the marriage is generally treated as community property. Equity granted strictly to incentivize future performance after the date of separation may be deemed the separate property of the earning spouse. Because most tech companies structure RSUs to vest over a multi-year schedule, many grants contain both community and separate property components.
The time-rule formulas: Hug and Nelson
California courts apply two formulas to calculate the community portion of unvested equity, drawn from California Courts property division resources and established case law.
Under the Hug formula, used when equity was granted as compensation for past services, the community share equals the time from employment start to separation divided by the time from employment start to the vesting date of each tranche.
Under the Nelson formula, used when equity was granted as a retention incentive for future performance, the community share equals the time from the grant date to separation divided by the time from the grant date to each vesting date.
Choosing the right formula can significantly change the financial outcome of a property division agreement, which is why courts examine the purpose of each grant carefully.
Tax considerations and distribution strategies
Unvested RSUs cannot be transferred between spouses without triggering immediate tax consequences or potentially violating employer plan restrictions. Two approaches are commonly used in California high-asset divorces.
A constructive trust arrangement allows the employee spouse to hold the unvested equity and remit the community portion to the other spouse as each tranche vests, after applicable federal and California income tax withholding.
An offset buyout allows the spouses to agree on a present value for the unvested equity and exchange it for other community assets such as real estate, retirement accounts, or cash reserves.
Each approach has different tax implications and risk profiles that should be evaluated with both legal and financial guidance.
Getting the right support
High-asset divorces involving unvested equity require careful analysis and precise legal drafting. A poorly structured settlement can create unexpected tax burdens or disputes as future tranches vest. If you are navigating an equity-heavy divorce in Alameda County, a high-asset divorce attorney in Oakland can work alongside forensic accountants and valuation experts to protect your financial interests throughout the process.]]>by Christy, Keith & Donnell Family Law Group, P.C.<![CDATA[What happens when a parent flees the country with a child?]]>https://www.ckdfamilylaw.com/?p=507432026-10-07T13:51:58Z2026-10-12T07:04:52ZWhat legal protections apply in these cases?
The Hague Convention may allow a parent to pursue the child’s return after the child has been wrongfully taken to another country. Three conditions must be met to seek a return under this treaty:
The child was habitually resident in a Hague Convention country immediately before removal
The removal violated custody rights under that country's law
The child is under 16 years of age
Member nations generally must return a child who was wrongfully removed to the country where the child normally lived. However, a court may refuse to order the child's return if the removing parent proves a recognized defense, such as:
Consent by the parent who stayed behind
Grave risk of harm to the child
Objection by a child of sufficient age and maturity
If the removing parent fled to one of the more than 100 Hague Convention countries, the parent who stayed behind may file an application with the U.S. Department of State's Office of Children's Issues or pursue the matter in court under the International Child Abduction Remedies Act. If the removing parent moved to a non-Hague country, pursuing custody under that nation's laws may be the only path available.
How a parent can respond to international custody violations
The left-behind parent should promptly file a petition in California family court to document the violation and request enforcement. The court may find the parent who took the child in contempt and impose fines, jail time or both. In some situations, the court may also issue a bench warrant requiring that parent to appear before the court. Federal authorities may become involved if the conduct violates the federal law addressing international parental child abduction, 18 U.S.C. § 1204. Federal law treats taking a child out of the United States to interfere with another parent's legal custody or visitation rights as a felony, subject to certain statutory defenses. An attorney experienced in international custody matters can help with treaty proceedings and work with courts in other countries.
Why acting quickly matters in international custody cases
International custody cases may involve proceedings in California and, depending on where the child was taken, another country. Acting early helps preserve access to treaty remedies. The first days and weeks after a wrongful removal can affect whether and how quickly the child returns.]]>by Christy, Keith & Donnell Family Law Group, P.C.<![CDATA[The impact of divorce on immigration status in California]]>https://www.ckdfamilylaw.com/?p=506922026-09-24T05:08:14Z2026-09-29T10:20:41ZDivorce and its effect on immigration status
Divorce in California does not automatically end your immigration status. However, if your green card is based on marriage, divorce may change how you keep it.
If your green card was issued with a two-year conditional period, getting a divorce before the conditions are removed can create a specific procedural challenge. You will need to file Form I-751 (Petition to Remove Conditions on Residence) individually, rather than jointly with your former spouse. To succeed, one important requirement is that you must provide evidence that you entered the marriage in good faith, not for immigration purposes and that the marriage ended through divorce.
If your marriage involved abuse or extreme cruelty, you may be eligible to file a VAWA (Violence Against Women Act) self-petition separately from your divorce proceeding. VAWA provides protections for immigrant spouses of U.S. citizens or permanent residents who experienced abuse, allowing them to pursue lawful permanent residence without depending on their spouse's cooperation.
Understanding California’s divorce process and your immigration options can help you make informed decisions during this transition.
A peaceful path forward
Divorce can be difficult, especially when your marriage is also connected to your life in the U.S. Focus on understanding your divorce process, protecting your rights and learning how the decision may affect your immigration status. Getting the right legal guidance can help you move forward with greater clarity and peace of mind.]]>On Behalf of Christy, Keith & Donnell Family Law Group, P.C.<![CDATA[Can domestic violence affect child support in California divorce?]]>https://www.ckdfamilylaw.com/?p=506142026-09-02T10:33:12Z2026-09-07T10:32:32ZLeaving an abusive partner takes real courage, especially when you need to make sure your kids have a secure financial future. While California courts use a standard calculator to figure out basic child support, domestic violence can drastically shift the numbers going into that calculation. Knowing how abuse impacts these choices helps you protect your kids and your rights.
How restraining orders shift parenting time and payments
California courts calculate child support by looking at how much money each parent makes and how much time each parent spends with the kids. When abuse happens, the court alters this balance in a few key ways:
Applying California Family Code Section 3044 makes the court assume that giving custody to an abuser hurts the child.
Cutting down the abusive parent's visiting time automatically raises their monthly support payments.
Getting these legal protections in place makes sure the court bases its final support math on real daily parenting time. Working with an experienced family law attorney helps you gather clear evidence and present a strong case to the judge.
Factoring in emergency needs and extra costs
Abuse often brings unexpected bills that basic child support checks just will not cover. Beyond normal monthly payments, judges can order an abusive parent to pay for specific extra costs tied to the harm they caused. Saving receipts for things like counseling sessions, doctor visits or paid visitation monitors gives the judge a clear reason to add those costs to the order. Asking for temporary support right away during your initial restraining order hearing also helps you get fast financial relief without waiting months for your full divorce trial.
Taking your next steps toward safety and stability
Domestic violence changes how California judges handle custody and assign monthly bills. Keeping clean records of your daily schedule, monthly bills and safety needs helps you secure a support order that actually fits your life. Taking active steps now gives your kids the safety, care and financial support they deserve.]]>On Behalf of Christy, Keith & Donnell Family Law Group, P.C.<![CDATA[Can your spouse take half of your inheritance?]]>https://www.ckdfamilylaw.com/?p=505602026-08-17T15:28:29Z2026-08-24T15:27:54ZYour spouse may be entitled to a portion of your inheritance during your divorce. It depends on a variety of factors, including how you received, used and stored that inheritance.
California is a community property state. In general, this means that all community property is owned by both spouses and may have to be split equally. However, if you have separate property, you get to keep it exclusively during the divorce.So the question then becomes whether or not an inheritance that you got from your parents qualifies as a community asset or a separate asset. If it is a separate asset, you can keep the entire amount. If it is a community asset, you may need to split it with your spouse.
Commingling your inheritance
The general rule with an inheritance is that, at the time you initially receive it, it is a separate asset that belongs only to you.However, that inheritance can be commingled in a number of ways. You may mix it together with other marital funds, for example, if you put it into a joint investment account or a joint bank account. You may give your spouse access to it if you use the money to pay shared debts and bills, such as property taxes, mortgage payments or credit card bills. You can also commingle the inheritance if you use it to buy another marital asset, such as purchasing a home together.Once the inheritance has been commingled, this can turn it into a community asset, meaning that your spouse has a right to it along with you.
Navigating a complicated divorce
As you can imagine, one type of conflict during high-asset divorce cases is whether or not the inheritance has to be split. If you find yourself in this position, it is crucial that you know what legal options you have.
]]>On Behalf of Christy, Keith & Donnell Family Law Group, P.C.<![CDATA[Can your ex-spouse relocate to another country with your child?]]>https://www.ckdfamilylaw.com/?p=505812026-08-19T07:27:12Z2026-08-22T07:13:20ZWhat does the law say?
Under California law, a co-parent cannot relocate to a place that is located outside the state or in a different country without your written consent or a 'move away' order from the court. If they flee the country with the child by keeping you and the court in the dark, they may face felony charges that can result in jail time under the International Parental Kidnapping Crime Act (IPKCA).
Can the Hague Convention help you?
In some international custody disputes, the Hague Convention may come to the rescue. It has a judicial mechanism in place that can return a child who was wrongfully removed from their place of habitual residence (the United States). If the parent had moved to one of the countries that has signed the Hague Convention with the U.S. regarding child custody, their court may order the return of your child to California, leaving the ultimate decision to local state courts.
Protect your parental rights
If you fear your ex-spouse is planning to leave the country, you may file an urgent ex parte petition in California family court with the help of an attorney experienced in child custody laws. It may help you get emergency sole custody of the child. If they have already left, you can report the abduction to local law enforcement and later bring it to the court’s attention.]]>On Behalf of Christy, Keith & Donnell Family Law Group, P.C.<![CDATA[When abuse compels an immigrant spouse to divorce]]>https://www.ckdfamilylaw.com/?p=505432026-08-17T15:28:24Z2026-08-21T12:24:53ZTaking legal action could be helpful
Immigrant spouses experiencing domestic violence may fear reporting the matter to law enforcement. They may worry about everyone siding with their abuser or about the possibility of removal from the country.
However, when immigrants are victims of crimes committed by United States citizens, they sometimes become eligible for special visas. The U visa allows an immigrant who assisted in the prosecution of a criminal to legally remain in the country.
A spouse who might lose their conditional green card due to a divorce before the marriage lasted at least two years could remain in the country and pursue eligibility for a standard green card if they qualify for the U visa. There are also many forms of social and practical support available to survivors of domestic violence, provided that they know where to look.
Discussing the need for a divorce due to violence in the home with an attorney can help immigrant spouses understand their rights. A divorce lawyer can provide guidance, offer information about immigration challenges and even help survivors make use of the systems in place for their protection.]]>On Behalf of Christy, Keith & Donnell Family Law Group, P.C.<![CDATA[Virtual visits are beneficial in some parenting plans]]>https://www.ckdfamilylaw.com/?p=504962026-08-13T09:13:36Z2026-08-21T09:12:48ZParents who divorce have to determine what to include in the parenting plan. For some people, this is fairly simple; however, it gets more complex if the parents won’t live in the same area or perhaps not even the same country. This means that the parents have to determine how the children can remain connected to their parent, even though they don’t get to see them frequently in person.
Virtual visits are one option that may be beneficial in these cases. A virtual visit allows the children to remain connected with their parent through video calls, messaging, and other electronic methods. These shouldn’t be considered a replacement for in-person visits, but they can be used to bridge the gap between those in-person visits.
Making the most of virtual visits
When virtual visits are built into the parenting plan, it’s important to set rules. One of these should be that the parent and children are free to communicate openly and without monitoring. The visits times and methods may need to be scheduled, particularly when the children are younger. As they get older, it may be possible to allow the children to set the schedule with the parent themselves. The parent who’s using virtual visits to stay in touch with their child should remember that they need to plan visits based on the child’s schedule, especially if there’s a difference in time zones. Virtual visits can include a variety of things, such as talking, reading books, studying, playing games or doing anything the child and parent enjoy. The key is determining what works best for the virtual visit. Setting up the parenting plan as quickly as possible is critical, but it’s just as important to ensure the child’s needs are met. Working with someone familiar with these matters is beneficial for parents and their children.
]]>On Behalf of Christy, Keith & Donnell Family Law Group, P.C.<![CDATA[Different types of domestic violence in California]]>https://www.ckdfamilylaw.com/?p=505402026-08-17T15:28:16Z2026-08-20T15:27:53ZDomestic violence and abuse can take many different forms in California. Often, it means that a person is accused of recklessly or intentionally causing bodily injury. They could also be accused of simply threatening to cause bodily injury. If a person has a reasonable expectation that they could be injured, even if physical contact is not made, it can still qualify as domestic violence.On top of that, it is important to remember that physical assault and injury are not required when it comes to certain types of abusive behavior. Abuse could include stalking someone, harassing them, destroying their personal property, committing sexual assault and much more. This is especially true if there is a protective order on file. A person could be accused of violating that order simply by coming within a certain distance of the individual named in the order, even if no further physical contact takes place.
Controlling behaviors
In some situations, evidence of domestic violence could include controlling behavior by one party. They may isolate the other individual from their social support systems, such as friends and relatives. They may control their access to basic necessities or funds, such as prohibiting them from accessing a bank account. They may monitor that person's movements and communications, seeking to take control of every aspect of their life.Domestic violence can include spouses, and often does, as it may be one of the reasons that a person eventually decides to file for divorce. But it can also include other members of the family unit or people who live in the home, such as a romantic partner who is not married, a child, a stepchild or a parent.Those who believe they are facing domestic violence need to know their legal options, both when it comes to securing protective orders and considering the potential for divorce and the end of the relationship.
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