Articles Posted in Post-Divorce Issues

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Post-Decree Modifications After a California Divorce

Post-Decree Modifications After a California Divorce

Life changes, sometimes quickly and often, and what once worked as an agreed-upon divorce term suddenly isn’t relevant to the lives of the family members anymore. Remarriages, a new job, relocations, a loss of a job, or any of dozens of other things that affect families can occur and change everything. In many cases, it is necessary to revisit post-decree terms of divorce and modify them to meet the current needs of the family. When an adjustment to an existing court order is needed, a court-ordered modification is necessary.

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What You Need to Know About Same-Sex Divorce in California

What You Need to Know About Same-Sex Divorce in California

Married gay and lesbian couples facing divorce have the same rights as opposite-sex couples in California. However, there are some facets of same-sex divorce that make the process different and oftentimes more challenging. Below are some unique caveats of same-sex divorce that should be considered.

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California Adoption – What You Need to Know

Contesting a Prenuptial Agreement

Many couples planning to marry decide to sign prenuptial agreements, also called premarital contracts, prenups, or premarital agreements. These legally binding contracts outline each party’s provisions, assets, and debts, including educational debts, medical bills, financial accounts, etc. They also set out the rights and obligations of both parties going into the marriage.

The purpose of these agreements is to provide protection for both spouses if they divorce later on. They may address such issues as property division, spousal support, and other aspects of divorce. The main regard of a prenuptial agreement is financial protection, as it is typically an area of caution when one spouse has a significantly higher amount of money, assets, or debt going into the marriage. These are voluntary agreements that require full disclosure of all financials, and they must comply with California state law to be enforceable.

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How Can Parenting Be Handled After A Divorce

How Can Parenting Be Handled After A Divorce

Making arrangements for parenting after a divorce is finalized is a significant decision. The effects will determine much of the parents’ lives moving forward, and of course, it will have a tremendous impact on the child. It’s important that a parenting plan for handling parenting be thorough and consider a wide range of factors and concerns. A lawyer who’s dealt with similar situations before can help make sure that parents are addressing sometimes forgotten issues and concerns. The lawyer can also help ensure that the plan put together is something that a judge will recognize as being in a child’s interest.

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How Can a Parent Lose Custody of Their Child?

How Can a Parent Lose Custody of Their Child?

Custody is a challenging aspect of family law, as parents want a connection with their children, and children want a connection with their parents. Generally, the courts try to honor those desires for connection in their custody rulings. They want to give parents as close to even roles in their child’s life as possible. However, the guiding principle of the courts is the child’s interests. This means that there are some things a parent may do which are considered so harmful to the child’s welfare that custody must be taken from the parent. If issues like this are a concern with either yourself or the other parent, it’s important to talk with an experienced child custody attorney who can help you understand your options.

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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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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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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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