Posts Tagged ‘attorney’

Rethinking estate planning

Being legally divorced puts a new stage into your life.  One of the matters that should be revisited is estate planning.  If you have an estate plan created, it is most probably revoked due to the divorce. You need to create a new plan.  Why, you ask?  You must now ensure that your ex-spouse will… Continue reading →

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What is a conciliation court?

In California, a couple who wants to work together with less conflict and less stress in family matters can take advantage of an alternative dispute resolution or conciliation court.  This type of court attempts to reconcile and reduce the amount of litigation while helping the couple resolve disputed issues. While the matter is under advisement… Continue reading →

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Does domestic violence come into play?

I have been asked if misconduct or domestic violence by either spouse has anything to do with the final judgment of the court since California is a ‘no-fault’ divorce state. Yes; in some cases it does, especially where children are concerned.  California law requires child custody issues to be determined by the best interests of… Continue reading →

What is a post-marital agreement?

Getting married and didn’t make a pre-nuptial agreement?  It’s not too late to protect your assets.  A post-marital agreement is made after the marriage takes place, but before separation, divorce, or death takes place. In order for your post-marital agreement to be valid and not nullified by a court, both parties must disclose all of… Continue reading →

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Paying for your child’s college education

Child support does not always end at the age of 18.  What happens if the child wants to attend college?  Who pays for college-related expenses? It is important for a child to continue with his or her education.  Courts agree that a child needs a college education today.  Many divorce agreements have a provision for… Continue reading →

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How can I get a continuance?

Divorce proceedings don’t always go smoothly; in fact, few do, especially when child custody is concerned.  There may be circumstances that require a continuance of your scheduled hearing. If this is the case, your attorney can ask the court to grant a new hearing date.  Several outcomes can occur, which include: A new hearing is… Continue reading →

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Are you a deadbeat dad?

Are you the non-custodial parent in your family?  Are you required to pay child support?  If you have a court order to pay child support and are not doing so for any reason, this can lead to severe consequences and classify you as a “deadbeat dad”. According to the California Department of Child Support Services,… Continue reading →

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How can I change my name?

In California, if you want to change your name, you must file a Petition for a Change of Name and fill out the Order to Show Cause for Change of Name. Once you file this petition, you will receive a court date on your Order to Show Cause between six and twelve weeks away.  If… Continue reading →

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Out-of-state restraining orders

Some victims leave the state where they have lived to protect themselves against further abuse.  Domestic violence crosses state boundaries. Under the Federal Violence against Women Act, a woman fleeing the state with a restraining order can get enforcement of that order in the new state.  According to this law, “all valid restraining orders granted… Continue reading →

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What is harassment?

Under California law CCP Section 527.6, “a person who has suffered harassment may seek a temporary restraining order and an injunction prohibiting harassment. The legal definition of harassment, for the purpose of getting a civil harassment order, is unlawful violence, which includes assault, battery, threats, stalking, repeated telephone calls, emails, or safety for your family…. Continue reading →

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