Property you owned before the marriage is considered non-marital property. Non-marital property will not be divided upon divorce. However, if your business increased in value during the marriage, it may be considered a marital asset, which would be subject to division. The division of your business depends on both current contracts and sometimes future potential… Continue reading →
Can I appoint a legal guardian for my own children?
Parents are allowed to appoint a legal guardian for their own child, and doing so is good planning. If something were to happen that made you unable to care for your children, a guardian would have to be appointed. If you decide a ahead of time who you would like as a guardian, you can… Continue reading →
How do you Establish Guardianship of a Child?
To establish guardianship of a child, you first file a petition declaring your interest in getting guardianship of the child, which includes a filing fee. You will also need to file a letter of consent from the child’s parents. After you’ve filed the petition, the court will organize interviews with you, the child’s parents (when… Continue reading →
Filing a Domestic Violence Lawsuit
If you are a victim of domestic violence, you could recover damages from your abuser in court. Domestic violence can result in both criminal and civil liability. Tort law allows civil legal remedies for those who are injured by another party, which allows victims of domestic abuse to receive compensation for their injuries. Some are… Continue reading →
Benefits of a Domestic Partnership in California
Domestic partnerships are unmarried couples who live together and seek economic and noneconomic benefits similar to those granted to married couples. Domestic partnerships first came into play in the 1980s, when alternative families sought recognition for their own partnerships and families. Advocates pointed out that approximately 10 percent of American families consisted of a working… Continue reading →
Cohabitation Property Rights for Unmarried Couples
When an unmarried couple lives together, it is very important that they create a property agreement that explicitly states who owns what if the couple separates. Unmarried couples that live together long-term are likely to acquire a great deal of shared property. Without any kind of legal agreement, you are at risk for conflict or… Continue reading →
Marriage vs. Cohabitation
More Americans than ever are choosing to cohabitate (live together) before, or rather than, getting married. According to a survey released by the National Center for Health Statistics, nearly half of women 15 to 44 years old cohabitated outside of marriage between 2006 and 2010, compared with 43 percent in 2002 and 34 percent in… Continue reading →
Do’s and Don’ts: False Allegations of Child Abuse
As people become educated about child abuse laws and procedures, they are more likely to report possible abuse. However, there are situations where reports of abuse are unsubstantiated, even if they are made in good faith. The perceived abuse is found to be untrue or misconstrued. Sometimes, such as in a messy divorce where custody… Continue reading →
Child Abuse Laws and Procedures
California child abuse laws fall within the Penal Code. Child abuse is generally defined as any form of harm inflicted on a minor, including emotional abuse, physical abuse, sexual abuse, exploitation, and neglect. Often, child abuse charges include assault and battery charges. In addition child abuse provisions are unique in that many states require third… Continue reading →
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