Articles Posted in Mediation and Divorce

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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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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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Assets and Debts Under California’s Community Property Law

Assets and Debts Under California’s Community Property Law

Property division is one of the most important components of the divorce process. California is one of nine US states to uphold a community property law, which many people find unnecessarily rigid when dividing marital assets. Community property law requires all marital property owned by divorcing spouses to be evenly divided. There are very few possible factors that can alter the 50/50 division of marital property under this law.

If you are expecting to divorce in California in the near future, you must understand how the state’s community property law functions and its application to your assets and your debts. Unfortunately, many divorcing spouses overlook the fact that debt is divided the same way assets are divided in a divorce and, in many ways, evaluated along similar lines. Your California divorce attorney can assist you in approaching property division proceedings with greater confidence, and you and your spouse may have the option of resolving this aspect of divorce privately.

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How to Evaluate a Potential Divorce Attorney in California

How to Evaluate a Potential Divorce Attorney in California

Ending a marriage is a very difficult decision and not one to be made lightly. However, if you have decided to end your marriage, or your spouse has filed a divorce petition, and dissolution proceedings are inevitable, it’s natural to have many legal questions about your impending divorce case. One of the best things you can do in this situation is to secure legal counsel from an experienced California divorce lawyer as soon as possible.

The right attorney can help you understand the proceedings you face and your options for navigating your divorce. While you might think you can navigate your case without legal representation, the reality is that even the most seemingly straightforward divorce cases can pose very complex legal questions. It’s understandable to be hesitant about the potential cost of your legal fees, but you should not underestimate the potential value of your divorce lawyer’s representation.

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Your Guide to Spousal Support in California

Your Guide to Spousal Support in California

Divorce in California can be incredibly stressful and complicated, especially regarding the financial issues involved. The state upholds a strict community property statute that applies to property division, requiring divorcing spouses to evenly divide their marital assets, property, and debts. However, property division may not entirely resolve the financial issues present in a divorce. In some divorces, one spouse will need to pay spousal support, also known as alimony, to the other. Spousal support typically comes into play when one spouse is financially dependent on the other or unable to support themselves financially for other reasons.

If you plan to divorce in California, it’s natural to have concerns about your potential financial obligations to your soon-to-be ex-spouse. Whether you expect to pay or receive spousal support from your divorce, it’s vital to know how spousal support is determined, how long it lasts, and the conditions that would terminate an existing spousal support agreement.

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What Is Paternity Fraud?

What Is Paternity Fraud?

Paternity cases are common in the California family court system. It’s vital for parents to accurately establish a child’s paternity when resolving child custody disputes and determining child support obligations. Unfortunately, many men are victims of misattributed paternity throughout the US, sometimes spending years believing they are a child’s biological parent only to later discover this is not the case. Conversely, some men have no idea they have fathered children only to suddenly discover they are, in fact, fathers. Some of these situations arise from honest mistakes, but deliberate paternity fraud is more common than many people expect.

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4 Things You Should Never Do During Divorce

What to Do If You Discover Important Information After Finalizing Your Divorce

Divorce is never easy, even when spouses are relatively agreeable with one another and reach the mutual decision to end their marriage. There is almost always some emotional discontent in divorce proceedings, and it can be challenging for some spouses to make calculated practical decisions concerning their divorce. Unfortunately, the emotional stress of the divorce process causes some divorcing spouses to lose sight of their best interests. Many people in this position make critical errors that negatively impact their divorce proceedings and their futures beyond divorce.

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