Domestic Abuse, or Domestic Violence, is defined by the Department of Justice as patterned abusive behavior in any relationship used by one partner to gain or maintain control of their intimate partner. There are many types of domestic abuse, many ways one partner may inflict suffering on another, and many, many people, especially women, who… Continue reading →
Posts Tagged ‘Family Law’
Forcing Child Counseling During Divorce: Can It be Done?
Divorce is an incredible life upheaval. Even if the process is completely amiable, smooth, and reassuring for both sides, the seizable change will take time and commitment to adjust to in a healthy way. And you can be sure, before anyone reaches a stable point of peace, there will be small bumps along the way;… Continue reading →
Visitation Breaches: What Should I Do?
Divorce and legal separation can get sticky; disagreements, fights, and deep rooted resentment during the proceeding can make your relationship with your former spouse extremely uncomfortable, to say the very least. This in combination with a child custody agreement that is difficult for one spouse can lead to severe custody problems, such as visitation breaches…. Continue reading →
During the Divorce: Temporary Custody
Unfortunately, the typical divorce proceeding does not smoothly or quickly conclude. It can take months to negotiate the terms of your divorce, and even longer for the paperwork to make it through court. In most cases, the untimely manner of the law doesn’t well coincide with practical determinations about what to do with your children…. Continue reading →
MONDAY Gray Divorce: Essential Tips for Divorce after 50
The United States has the highest divorce rate of anywhere in the world, with roughly 45% of American marriages ending in divorce. Education, particularly a college level education has proven a great deterrent against divorce in all age groups except one: people older than 50. According to an NPR article, a higher frequency of breakups… Continue reading →
How Does the Judge Determine Child Support?
While each state has its own guidelines for calculating child support, the biggest common determinant for all states in calculating child custody is related to each parent’s income. The federal Child Support Enforcement Act mandates that each state must come up with a formula for calculating child support, though some states allow the judges considerably… Continue reading →
Determining the Marital Estate
In determining the Marital Estate, you must first understand the differences between marital and non marital property. Typically, the court considers all property obtained before the marriage non-marital property, thus property not subject to division in the event of death or divorce. The court has no authority over this property; however, any marital property obtained… Continue reading →
Does Adultery Affect Spousal Support?
Divorce is a complicated and emotional process, and when adultery is involved, things get even more difficult. While adultery may not affect the initial divorce, it can truly have an impact on spousal support orders and payments. California is a no-fault divorce state, meaning you do not have to give a definitive reason for the… Continue reading →
Child Support and Health Care Costs
Child support in California is governed by Family Code sections 4050-4076. This section of California law dictates that child support uses the “income shares model,” meaning the full amount of money needed to support the child will be divided proportionally based on each parent’s income. While the California Child Support Guidelines may seem complicated, the… 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 →
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