Articles Posted in Divorce Settlement

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How Does the California Family Court Determine a Child’s Best Interests?

How Does the California Family Court Determine a Child’s Best Interests?

Whenever unmarried parents decide to raise their children separately or when married parents divorce, the parents must have legally enforceable custody orders that outline their respective parental rights and responsibilities. Regardless of whether the couple is married, they will need to have the California family court determine the outcome of their custody dispute. This is not a legal matter that parents can resolve privately, and all parents facing custody determinations should prepare for difficult and emotionally stressful court proceedings.

The California family court has a legal obligation to protect any children the court’s rulings affect. This means preserving a child’s best interests in every family court case. However, “the child’s best interests” are relatively open to interpretation, and every case will involve unique details. Therefore, if you are preparing for a custody determination in California family court, it’s vital to know how judges make these decisions.

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Tips for Developing Your Prenuptial Agreement in California

Tips for Developing Your Prenuptial Agreement in California

Prenuptial contracts have something of a bad reputation, typically because most people view the suggestion of a prenuptial agreement as a sign of lack of faith that a marriage will last. While it’s true that a prenuptial contract can act as a blueprint for a future divorce, it can also provide substantial economic benefits to both spouses, effectively insulating them from one another’s debts and financial obligations. In addition, some people believe that prenuptial contracts are only necessary for very wealthy people; the reality is that this type of contract can offer significant legal protections to anyone.

If you have reservations about asking your spouse-to-be to consider a prenuptial agreement, it’s essential to understand what your agreement can include and the benefits of drafting one collaboratively with your partner. When done correctly, creating a prenuptial contract can yield strong financial protections for you and your spouse and help you have difficult conversations before marriage, potentially bringing you closer as a couple.

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How Can a Parent Lose Parental Rights in California?

How Can a Parent Lose Parental Rights in California?

Child custody cases are some of the most emotionally challenging experiences in parents’ lives. The outcomes of these cases have undeniable effects on the lives of the children affected by them. If you face any child custody determination, a domestic violence case, or any other family law matter in which parental rights could be in jeopardy, it is vital to understand how these cases unfold and how a parent might lose their custody rights.

Whenever the court must rule on a child custody dispute, the judge is legally obligated to rule in favor of the best interests of the child their ruling affects. This may sound relatively open to interpretation, and every custody dispute will involve different issues. However, a parent may completely lose custody and parental rights over their children if the judge determines this would be in the children’s best interests.

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Your Options for Resolving a Contested Divorce in California

Your Options for Resolving a Contested Divorce in California

Divorce can be an extremely emotional and challenging process for anyone. Unfortunately, many divorcing spouses in California are not fully prepared for the legal challenges and emotional obstacles their cases present. While the divorce process may seem straightforward, it can involve countless variables based on the unique details of a case and the attitudes of the divorcing spouses.

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How Does a Postnup or a Prenup Affect Your California Divorce?

How Does a Postnup or a Prenup Affect Your California Divorce?

In the State of California, both prenuptial and postnuptial agreements are recognized, and couples facing divorce need to be aware of the role the agreement plays. Among the many factors they must consider is the fact that certain issues may render various clauses, or the whole document, unenforceable. Anyone going through a divorce must first determine whether their agreement is valid in court before they start determining its potential influence on spousal support, child custody, and property division.

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What to Do If You Suspect Your Ex of Neglecting or Abusing Your Child

What to Do If You Suspect Your Ex of Neglecting or Abusing Your Child

It is a devastating realization when a parent finds evidence that their children have been neglected or abused. When the mistreatment occurs at the hands of a close family member who is taking care of them, such as the other parent, you can feel powerless. It is vital for a divorced parent to be aware of the steps they should take to ensure their children’s safety if they discover that their child has been abused or neglected in any way by the other parent during visitation or shared custody time.

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The Effect Social Media Has on Your Divorce Case

The Effect Social Media Has on Your Divorce Case

Social media has become a communication and marketing powerhouse that nearly everyone uses in some capacity. Some use social media apps to keep in touch with friends and family, while others focus on professional interests, but either way, it is vital to have a grasp of the potential consequences online posts can have on any legal case, including divorce.

Individuals who are facing any type of legal battle must be vigilant in avoiding any type of social media posts that may negatively affect the outcome of their case. It is easy to unintentionally post evidence on social platforms that expose contradictory information to their argument in court. Social media has been used in thousands of cases to defeat others in family court and various trials of all kinds, resulting in millions of dollars in lost settlements.

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How Do You Identify Emotional Abuse in Your Relationship?

How Do You Identify Emotional Abuse in Your Relationship?

When a spouse is emotionally or physically abusive to their partner, it is vital for the victim to acknowledge the harm they are suffering and seek help. However, that can be difficult to do, especially with emotional abuse, because there are no obvious scars for others to see. That also means those who care about the victim may not even realize there is a problem at home behind closed doors.

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Important Factors That Influence Child Custody Determination in California

Important Factors That Influence Child Custody Determination in California

Child custody disputes are some of the most challenging legal cases any parent can face. Married parents who decide to divorce will need to resolve child custody through the family court system, and unmarried parents who separate and intend to raise their children separately will need enforceable family court orders for custody as well. Whatever your situation entails, it’s vital to understand the child custody determination process and what a judge must evaluate in making these determinations.

While it’s possible to resolve many divorce-related issues privately through alternative dispute resolution, this does not apply to child custody. The California family court system is legally obligated to protect children’s best interests affected by court rulings. For example, if you and your soon-to-be ex-spouse and co-parent intend to take advantage of mediation to resolve your divorce, you must be prepared to spend time in court to settle child custody.

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How Does a Divorce Lawyer Help in Mediation?

How Does a Divorce Lawyer Help in Mediation?

It’s common for people to imagine emotionally charged court battles when they think of divorce, but the reality is that most divorcing couples in the US will avoid divorce litigation as much as possible in resolving their dissolution proceedings. Alternative dispute resolution has become the most commonly preferred method of resolving a divorce in California, with mediation being one of the most popular options. During divorce mediation, the divorcing spouses meet privately with a neutral mediator who helps them negotiate terms for their divorce and draft their divorce agreement.

Many people mistakenly believe that divorce mediation eliminates the need to hire a divorce attorney and that divorcing spouses can represent themselves in these proceedings. While it is technically possible to complete divorce mediation without legal counsel, this isn’t a good idea for several reasons. If you are planning to take advantage of divorce mediation in the near future, it’s vital to understand the value of legal representation and the role your attorney will play in this process.

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