What Am I Entitled To In A Divorce?

Divorce is the legal ending of a marriage. Every state has different requirements in terms of how to complete a divorce but all require a judge to review and approve the divorce settlement or if the spouses can’t agree to a settlement, decide how to properly divide the property. Divorce can be a very emotional and stressful time in one’s life.

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Modification of Child Support Orders

Child support is a legal obligation for one parent to the child, however, there may be instances where one parent cannot or does not want to continue to pay the support. There are many reasons why a child support order might be in need of a change such as the the parent’s income changing, one parent losing his or her job, one parent being incarcerated, one parent had another child in another relationship or things of that sort. Read more “Modification of Child Support Orders”

California Adoptions

Adoption is the legal process of establishing a legal parent-child relationship when the adopting parent is not the child’s biological or birth parent. The state of California has the most adoption cases each year. There are a couple of different types of adoption but all of them mean that once the adoption is final, the adoptive parents have all the legal rights and responsibilities of the child. Read more “California Adoptions”

Domestic Violence & Child Custody

Domestic abuse, whether it’s physical, mental or emotional can have severe scars on victims and unfortunately, it’s very common for a victim to not reach out for the help and support they need.

Domestic violence in California is defined as: intentionally or recklessly causing or trying to cause bodily injury, sexual assault, making other people free reasonably afraid that they or someone else are in danger and any other behavior that could cause a court to issue a domestic protective order, including harassment, unwanted telephone calls, stalking, threats and physical assault. Read more “Domestic Violence & Child Custody”

Move Away Situations

A “move-away” case is when a parent who has joint or sole custody of the child decides to move to a location that is far enough away to disrupt the current custodial arrangement. The law on these types of cases is very complicated and constantly changing so make sure to contact an experienced attorney. When a divorced parent wants to move away with a child, one of the parents files a motion with the court for new custody orders. The moving parent might file for permission to move with the child, or the other parent might file a motion for a change of custody so that child can stay. Read more “Move Away Situations”

What to Expect in Divorce Court

Divorce can be a very scary thought for anyone except judges and divorce lawyers. Since they are used to it, they know exactly what to expect so make sure to consult with an experienced lawyer who can tell you exactly what to expect. It’s important that you prepare for court so make sure to read your paperwork and know it well before you walk into Court, whether that is your declaration, that of witnesses, your lawyer’s legal arguments presented to the Court or all of it. Read more “What to Expect in Divorce Court”

Premarital Agreement

If you are planning on getting married, a premarital, also known as a prenuptial agreement might be something worth considering. California is considered a “community” property state which means the spouse gets half of the property on some automatic basis. A premarital agreement overrides that presumption and keeps separate property separate. In California, wages and earnings acquired after the date of marriage (and before the date of separation) are community property. Read more “Premarital Agreement”

Divorce / Marital Dissolution

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”