Articles Posted in Divorce and Children

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Domestic Violence and Divorce in California

Domestic Violence and Divorce in California

Domestic violence is a serious accusation and situation. Unfortunately, domestic violence-related divorce is not an unfamiliar occurrence, which is why courts are prepared to address the issue in divorce proceedings. The challenging process of divorce becomes all the more difficult when domestic violence is involved. It is critical to have a divorce lawyer who is up to the task of working through this process in this situation. It requires not just skill and experience but also the ability to tactfully handle such a sensitive situation.

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The Most Contentious Issues in a Divorce

The Most Contentious Issues in a Divorce

Divorce is a process that creates upheaval in almost every aspect of a person’s life. So, it should come as no real surprise to us that it can often get contentious. This is especially true when the person on the other side is someone there is some level of tension with already which is leading to the divorce. That said, there can be ways in which the potential conflict of a divorce can be minimized. One of these ways is to be aware ahead of time of the issues that are most likely to turn contentious.

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When Can Your Child Decide Which Parent to Live With

When Can Your Child Decide Which Parent to Live With?

Divorces and separations are challenging for everyone, but they often have a unique impact on the children who are involved. Every state has different guidelines surrounding the preferences of a child in court and when they can be honored. Whether the relationship between a child and one of their parents is broken or a child truly wishes to live with the other parent, you may be wondering when your kids are legally allowed to choose where to live.

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Why Are Premarital Agreements Important in California?

Why Are Premarital Agreements Important in California?

While they once held a more negative connotation, premarital agreements are becoming increasingly popular across the country. This is due to a combination of high divorce rates and the general need for people to protect their hard-earned property. Prenuptial agreements allow fiancées to detail important information regarding their personal assets, in addition to helping them outline how property should be distributed if a divorce occurs. If you’re about to get married in California, you should strongly consider creating a prenup with your partner.

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California Divorces: What to Expect When You’re Going Through One

California Divorces: What to Expect When You’re Going Through One

The divorce process has a reputation for being challenging. However, being prepared can help relieve a massive amount of the stress that a divorce can potentially bring. By having a general idea of what to expect in a California divorce, you can better prepare yourself for the complex agreements and proceedings you’ll have to address. If you’re considering getting divorced or were served papers in California, it is crucial that you understand what to expect.

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Can You Relocate With Your Child After a Divorce in California

Can You Relocate With Your Child After a Divorce in California?

When a divorce involves children, a child custody order must be implemented to dictate how the parents will share responsibility for them. Because a child custody agreement is a legal order that often gives parenting time to both spouses, one parent cannot simply move away with their child whenever they please. Instead, the parent who would like to relocate must follow the required legal procedures to request permission to do so.

If you are considering relocating, it is imperative to know if you are eligible to move away with your child after a California divorce.

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Understanding Ex Parte Child Custody Orders

Understanding Ex Parte Child Custody Orders

Ex parte proceedings, also called emergency proceedings, are filed when an immediate decision needs to be made in a family law case because of an emergency situation. An ex parte order is an emergency and temporary order. They may be necessary in divorce proceedings, child custody determinations, and domestic violence cases.

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Establishing Paternity in California

Establishing Paternity in California

Establishing paternity is necessary for many unmarried couples to gain essential parental rights and responsibilities for their children. Paternity allows both parents to have rights to custody and visitation, along with the responsibility to financially support their child. It also allows children to get financial insurance benefits and inheritance rights from both of their parents. There are several ways that parents can establish the paternity of their children.

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The Difference Between Divorce vs. Legal Separation vs. Annulment

The Difference Between Divorce vs. Legal Separation vs. Annulment

A married couple or domestic partnership considering separation in California has several legal options available. This can be confusing and frustrating for some couples who are unsure what the “right” way to separate is. Couples can end or separate a marriage through divorce, annulment, or legal separation, depending on the circumstances of their marriage. The ideal option for your separation will depend on several factors. It can be helpful for couples to talk with a qualified family law attorney to understand if they meet the requirements for certain types of separation.

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When Do Courts Deem a Parent Unfit for Visitation or Custody?

When Do Courts Deem a Parent Unfit for Visitation or Custody?

Child custody is a stressful time in any parent’s life, whether it is part of a divorce proceeding or the result of separation. In a custody determination, most parents want as much time as they can get with their children. The court will always make a custody and visitation decision based on the child’s interests. When a parent is deemed unfit, they will likely be unable to have child custody rights.

The term “unfit parent” doesn’t refer to imperfect parenting. Instead, it’s a legal term that applies when a parent cannot provide safety and care for their child.

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