Articles Posted in Divorce Finances

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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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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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Proving Parental Alienation in California Child Custody Cases

Proving Parental Alienation in California Child Custody Cases

Divorce or parental separation is a difficult time for any family. Though many families try to work with each other, this isn’t always the case. There are unfortunate situations where one parent attempts to harm the relationship between the child and the other parent. These attempts can be considered parental alienation if the child rejects or estranges themselves from that parent.

Many parents see children pull themselves away emotionally after separation because it’s also difficult for kids. In most cases, it just takes time and understanding. For some parents, however, those bonds don’t heal because of the manipulative tactics of their co-parents. Parental alienation can be minor or severe. It’s essential to understand how that impacts your family and what you can do about it if you’re a parent who suspects your child is being intentionally distanced from you.

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Benefits of Mediation for Child Custody Decisions

Benefits of Mediation for Child Custody Decisions

Mediation for child custody determination allows parents to agree on their children’s care and well-being with the help of a neutral third party. Disputes and litigation about child custody can be lengthy, overwhelming, and difficult for children and parents. Mediation is an alternative way to handle child custody. Child custody can be mediated as part of divorce mediation, or it can be done separately. Couples who divorce through litigation can still negotiate a custody agreement through mediation.

In California, mediation attendance is required for child custody and only goes to court if an agreement can’t be reached. Mediation is not always the right option for every couple who is separating. However, there are several benefits to mediation.

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