Posts Tagged ‘attorney’

What happens if custodial parent moves?

What happens when the custodial parent decides to move to another state?  Can visitation rights be easily maintained?  Will the disruption in visitation with the non-custodial parent be detrimental to the child? In most cases, the custodial parent must get the approval of the non-custodial parent and/or the court before the move can take place…. Continue reading →

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Filing for an annulment

While a divorce ends a valid marriage through a process that restores the individual’s single status and gives them the ability to remarry, an annulment completely erases the marriage as if it never existed. An annulment can be initiated by either party.  The party that initiates the annulment must prove the grounds used in filing… Continue reading →

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Dividing up debts and liabilities

As part of an action for the dissolution of a marriage, the court must determine the division of the couple’s debts and liabilities – not only division of property. The court considers the circumstances surrounding each party before arriving at a fair and equitable division.  The court looks at the length of the marriage, the… Continue reading →

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Tax consequences and divorce

When a couple is going through the divorce process, especially when they are fighting over the division of assets, they are not thinking about the significant tax consequences down the road. It is important to know how to make informed decisions about the tax consequences of property division and support payments.  It is important to… Continue reading →

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Are there benefits to an uncontested divorce?

Yes, there are.  An uncontested divorce means that the couple has reached an agreement on all family issues, including division of property, child support and visitation, and spousal support. The number one benefit of obtaining an uncontested divorce is that any agreement that you and your soon-to-be spouse reach, will often be more in your… Continue reading →

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California bill and spousal abusers

For those of you involved in an abusive relationship, help is on the way.  A proposed bill, AB-1522, would end spousal support payments for spouses who have been convicted of violent sexual felonies against their former partners. The bill was initiated by someone who was forced to pay spousal support to her husband after he… Continue reading →

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Were you married more than 10 years?

California is one of the few states where a person can benefit in spousal support payments if they have been married for more than ten years.  The spouse earning less income has the right to receive alimony for however long and as long as the paying spouse can pay it. Although few do, it is… Continue reading →

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Establishing legal custody rights

The subject of paternity arises in numerous ways.  What happens when a couple has a child out of wedlock and then breaks up? The breakup leaves unresolved issues, such as custody, visitation and child support.  What about a man who has been ordered to pay child support based on a court order, but has never… Continue reading →

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Are you a victim of domestic abuse?

Domestic abuse is an attempt by another person to cause or intentionally cause bodily injury.  The individual places the victim in fear of imminent serious bodily injury or harassment that causes significant emotional distress. If you are a victim of domestic abuse, this is a serious issue and you should immediately take steps to protect… Continue reading →

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Who gets the family home after a divorce?

One of the biggest questions to be asked during the divorce process is, “Who gets the family home?”  Should the wife or husband get it or should it be sold and the proceeds split? Keep in mind that property, such as this family house, acquired during the marriage is community property and each spouse is… Continue reading →

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