Besides the division of assets, the allocation of debts is one of the most important issues to settle during a divorce. Both parties are responsible for marital debts that were incurred during the marriage. Generally, the decision regarding the allocation of debts follows the same principle as division of property – all debts must be… Continue reading →
Archive for the ‘Family Law’ Category
Modifications
Modification issues for child support, visitation and spousal support often arise after the couple is divorced. When the custodial parent asks for a child support modification, he or she must show that the child’s needs cannot be adequately met based on the support currently being received. If the non-custodial parent is seeking a downward modification,… Continue reading →
What does your child want?
Are you going through a divorce? Do you have a child who is old enough to express his or her views on which parent he or she wants to live with? In determining the best interest of the child, the court may consider the child’s preference. According to Family Code Section 3042(a), “If a child… Continue reading →
Is your spouse cheating on you?
Has your spouse become distant and stays away from home a lot? Do you have the feeling that your spouse has been cheating on you? If you answer yes to some or all of the following questions, you may have a cheating spouse. · Is your spouse being secretive when on the phone or computer?… Continue reading →
What is an appeal?
Do you think you got the bad end of the stick regarding the final judgment in your divorce? Are you convinced that the family court did not understand the facts surrounding your situation? If you believe that the family court made an error in a decision, you don’t have to live with it; you can… Continue reading →
Domestic violence and protective orders
California takes domestic violence issues very seriously. Both the accused and the alleged victim have rights that need to be protected. If there is a real threat of harm, a court will issue a protective or restraining order. In most cases, claims of domestic violence are true, however, sometimes claims have no merit and are… Continue reading →
Proving paternity
When a married couple has a child together, the husband’s name is entered on the birth certificate as the father of the child. However, when an unmarried couple has a child, the paternity of the child may be in question, especially when the mother is unsure who the biological father is. Once a determination of… Continue reading →
What is a litigated divorce?
Divorce is not a one size fits all. Every divorce is different. Some couples agree amicably to get a divorce and work out the issues involved on their own. They may even do their own paperwork or hire one attorney to prepare all the necessary documents. This type of divorce is considered relatively fast and… Continue reading →
Determining child support
One of the most important issues in a divorce process is child support. California law requires child support to be calculated based on several factors that include income and employment of each spouse. The formula used is set forth in the California Family Code and is known as a guideline. The court order for child… Continue reading →
Recent Post
In What Circumstances Does Supervised Visitation Apply to a Case?
The Answers to Your Burning Questions Regarding Mediation
Your Holiday Plans and Custody: How to Modify Your Order
What to Know When You Are Divorcing from an Abusive Spouse- Can I Attempt to Appeal My Child Custody Order After the Fact?
