California is a “no-fault” divorce state, which by far the most common divorce filing. For the no-fault divorce no specific reason is required to be given other than “irreconcilable differences.” However, other divorce actions can still based on fault. Even the states that recognize the “no-fault” divorce will consider fault when deciding other issues, i.e., property division and spousal support requests. Misconduct like spousal abuse or infidelity can often result in larger property awards and larger spousal support to the abused spouse. Read more “Divorce / Marital Dissolution”
California Divorce Attorney Explains Best Divorce Strategies for Self Employed Husbands
The following article aims to help self-employed husbands and fathers during the legal battle of seeking a divorce. Though divorce is difficult for almost all individuals, there are some specific challenges for self-employed husbands when going through divorce and it’s always a good idea to contact a skilled California divorce attorney who can help you in your case specifically.
Read more “Divorce Strategies for Self-Employed”
California Divorce Attorney Explains What To Consider For Tax Filing When Going Through Divorce
Going through a divorce can be an extremely emotionally and stressful life changing event. With all the different factors and people involved, it can be overwhelming to know how to begin and what you should know. One of the most difficult tasks to take care of are dividing up the assets and if you and your spouse are not on speaking terms, things could get complicated, especially as it pertains to taxes. If you’re going through a divorce, consider consulting a California divorce attorney who can explain the various tax elements to consider and avoid any post-divorce tax surprises.
Read more “Tax Filing When Going Through Divorce”
Santa Barbara Family Law Attorney Explains the Step-Parent Adoption Process
Adoption is the legal process of creating a permanent, legally binding parent-child relationship when the adopting individual is not the biological parent to the child. This process results in the adoptive parent having the same legal rights and responsibilities as a biological parent. It’s important to discuss this process with a Santa Barbara family law attorney. This article aims to explain the general process of adoption of a child by a stepparent.
Stepparent adoption is the most common form of adoption. There are two forms of stepparent adoption. If you answer yes to the following questions, you are not seeking the basic stepparent/domestic partnership adoption, but the stepparent adoption to confirm parentage:
- Was the adopting parent married to, or in a legally recognized domestic partnership or union with the birth parent at the time the child was born?
- Is the adopting parent still married to, or in a legally recognized domestic partnership or union with, the birth parent?
Santa Barbara Family Law Lawyer Explains What to Expect in Divorce Court
Divorce Court is often scary for everyone except for judges and divorce lawyers, who are use to proceedings and know what to expect. The best way to conquer this fear is to get educated about the divorce court and to have an experienced Santa Barbara family law lawyer you trust on your side.
The First Hearing
Typically, the first hearing in Divorce Court is what is called the “Calendar Call.” Usually only attorneys appear in court to give a brief overview of the case and a time estimate for how long they expect the case to take. This usually starts around 8:30 AM, but each judge typically sees around ten cases each day. Each attorney will take just a few minutes to describe the issues of the case so the judge may prioritize the scheduling of further hearings.
If the judge deems that the case is ready for trial, he or she may set the date for trial to begin or set a date for a mandatory settlement conference. Read more “What to Expect in Divorce Court”
Santa Barbara Family Law Attorney Explains Modification of Orders
Court orders for child custody, child support, child visitation rights, spousal alimony, and other orders are made based on the facts and situations at the time of trial. But life moves on after divorce and people make drastic life changes that should be reflected in the court orders. When circumstances change, it’s important to seek advice from an experienced Santa Barbara family law attorney to determine if you have the legal right to seek modification of a family law order.
Modifications of orders may include:
- The amount of child support paid or received
- The amount of alimony paid or received
- Primary custody
- Visitation rights
California Family Law Attorney Explains What to do When Your Spouse Changes Attitudes Regarding Finances During Divorce
When it comes to divorce, California is a “no fault” state. Unlike other states, this means that an individual may file for divorce from their spouse without having to prove there was any wrongdoing. Divorce legally ends a marriage, unlike separation. A judge is required to review and approve all divorce settlements and child custody. If spouses cannot agree on a settlement, the judge has the power to decide how property and parenting will be divided. Obviously it is much better to use a California family law attorney so that an agreement of sorts may be reached instead of leaving it up to a judge. Read more “Finances During Divorce”
Divorce Attorney in Santa Barbara Discusses Top 10 Celebrity Divorces
Marriage is a part of life that many of us grow up dreaming about, and finding that special someone to spend the rest of your life and raise a family with can be incredibly rewarding. Unfortunately, almost 50% of marriages today end in divorce, and for certain segments of the population, the percentage can be even higher.
I know it’s hard to believe that any one group of people could have a divorce rate higher than 50%, but celebrities and individuals who have accumulated vast amounts of wealth experience an even higher divorce rate than the rest of us! This phenomenon has many underlying drivers, but the main cause of celebrity divorce, like most divorces, is adultery. The difference between celebrity divorces and those that one of us regular folks would experience, however, is the money involved!
With all that money involved, the prenuptial agreement becomes incredibly important. As you will see below, the difference between having a prenup and not having one could be $100,000,000! Read more “TOP 10 CELEBRITY DIVORCES”
Divorce Lawyer in Santa Barbara Discusses Use of Premarital Agreements
The age we live in today is in stark contrast to the one our parents grew up in, and one of the biggest changes in American society in the last few decades has been scene in the institution of marriage. Less and less people are getting married, marriages aren’t lasting as long, and the Country’s divorce rate has skyrocketed. In this age of divorce, a formerly obscure legal document, the premarital (prenuptial) agreement, has come into almost standard use. Read more “Should I Get a Premarital Agreement?”
Domestic violence is a serious issue in America and across the globe in general. There are millions of men and women across the country that face dangerous abuse on a daily basis, and this abuse affects the lives of children and other family members in serious and lasting ways. A major problem with domestic violence and the related crimes lies with the reporting of these crimes – millions of incidents take place every year that go unreported and undocumented as a result of fear and intimidation by the abusing partner or other family members. Read more “False Domestic Violence Allegations in Child Custody Cases”