Articles Posted in Divorce and Remarriage

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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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When Does Separate Property Become Community Property in California?

When Does Separate Property Become Community Property in California?

Property division is an essential aspect of divorce. In California, property is divided according to community property law. Any marital or community property must be split between spouses. There is a division between what is separate and what is community property, but there are situations where separate assets can become community assets. Because of this, property division can get legally confusing, and spouses can have disagreements about the classification of assets. It’s essential to understand how this may happen when separating property.

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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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Navigating the Maze of Property Division in a California Divorce

Navigating the Maze of Property Division in a California Divorce

Divorce is often a complex and emotionally charged process, with property division being one of the most contentious issues to resolve. Understanding the nuances of dividing assets and debts can be particularly challenging in California, a community property state. However, with legal guidance, divorcing couples in California can successfully navigate the maze.

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How Do I Protect A Business During Divorce?

How Do I Protect A Business During Divorce?

The smartest thing you can do as a business owner is to plan ahead to protect your business from a divorce. A divorce can become more complex for a business owner. The impact of a divorce on your company could mean you are no longer able to run it.

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When Does Breach of Fiduciary Duty Apply?

When Does Breach of Fiduciary Duty Apply?

Many California spouses are unaware of their fiduciary legal obligations during the marriage. These duties are the same that apply to business partners. Fiduciary duty in marriage includes the obligation to act in good faith, avoid taking advantage of the other, and other fair and ethical obligations. What this means is that you should treat your spouse and your community assets with respect, and your actions should always be taken with your spouse in mind.

In marriage and separation, spouses must follow this duty. When a spouse breaches their fiduciary duty, they can be held legally accountable.

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How to Keep Your High Net Worth Divorce Low Profile

How to Keep Your High Net Worth Divorce Low Profile

If you are caught in a divorce where a lot of assets are being divided between you and your spouse, this can be a difficult situation to find yourself in. With property, stocks, and other financial interests involved, a lot can be at stake.

Usually, in such high asset divorces, it is in each party’s best interest to keep quiet about the divorce circumstances and details. This can be to allow time for emotional processing and healing and to protect other family members, such as children. Keeping the private details of your divorce confidential can also give you an advantage in negotiations.

Overall, understanding strategies to keep your divorce confidential and private can go a long way towards protecting the interests of you and your family.

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How to Get a Fast and Friendly Divorce in California

How to Get a Fast and Friendly Divorce in California

Sometimes long-term partnerships, such as marriages, do not work out. This is completely natural, and a lot of marriages can end on good terms. Usually, when considering getting a divorce, most people wonder how they can get it over with quickly so that they can move on with their lives. The urge to get back to a new normal is common.

Perhaps you and your spouse have both decided that getting a divorce is the best thing for your family. You have sorted out your differences, and you are still in strong and clear communication. In that situation, a relatively fast and easy divorce in San Diego can be perfectly attainable.

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