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August 2014 Archives

Under what circumstances will the court modify child custody?

This is a follow-up on our previous blog post (TV star's child custody battle continues after ex's relocation), about Kelly Rutherford's legal battle. This follows a child custody modification that gave her ex-husband custody of their children when he relocated to a different country. California parents who are faced with a situation where the relocation of one parent will affect the parent-child relationship may benefit from understanding California's child custody and relocation laws.

Gossip Girl's child custody battle continues after ex's relocatio

California readers may be interested in the ongoing child custody battle between the Gossip Girl star, Kelly Rutherford, and her ex-husband, Daniel Giersch. When Rutherford suspected Giersch of infidelity five years ago, she filed for divorce. She was pregnant with their second child at the time, and the older child was 2 years old. Rutherford gained child custody, and her former husband remained a part of their lives.

Consequences of not having a prenuptial agreement

California receives scores of media coverage relating to divorce laws and property division. This is mainly because it is one of only eight states where community property rules, along with the many high-profile celebrity divorces that occur in California. However, it is not only celebrities who need to protect their interests. Any couple in California may want to be reminded of the consequences of not having a prenuptial agreement.

Psychological parent's rights recognized in same-sex divorce

Although the wheels are slowly turning toward equality in laws relating to same-sex marriage and divorce in California, child custody seems to remain an area presenting problems that can scar children and partners of a same-sex marriage that ends in separation. The language of laws related to child custody currently recognizes mainly the rights of the parent who gave birth to the child. Couples in California who are considering a same-sex divorce may be interested in a recent appeals court hearing in another state.

Social network rules could be included in a prenuptial agreement

There is no doubt that social networking has become part of the lives of most California residents. In fact, it is part of the daily routine of many -- whether they check for updates on Facebook, Twitter or Instagram while they are having their morning coffee or during lunch break. Unfortunately, it has also become a way for vindictive people to humiliate partners, leading to the need for a social network prenuptial agreement.

Pets remain part of property division unless included in prenup

Pet lovers in California may be interested to learn that an ever-increasing number of divorce cases involve pet custody. However, the language of family laws regards pets as nonhuman animals and therefore treats the pets in a similar way as one would regard a piece of furniture. The fact that many couples see their pets as children makes no legal difference. The value of a pet, rather than its best interests, is often considered during property division.

Same-sex divorce of a legal marriage may prove difficult

Gay and lesbian groups are persisting in their pursuit of having their rights recognized by all states. Many couples who got married in states like California, where same-sex marriages are recognized, lose all their rights if they relocate to a state where such unions are not accepted. When heterosexual marriages fail, a divorce could be finalized within 60 days, while same-sex divorce filings could take years to finalize. This places many restrictions on same-sex couples, such as possibly having to decline career opportunities in states where their marriage would not be recognized.

Rupert Sanders' infidelity leads to one-sided property division

Property division during a divorce can prove to be a contentious issue, especially when communications have broken down. Many California couples manage to resolve their issues and come to agreements before going to court, but in cases where infidelity caused the break-up, animosity often leads to litigation about property division. In the recent divorce settlement of a high-profile Hollywood couple, it appears that the infidelity of one spouse cost him dearly.

Financial information to gather prior to property division

It is not uncommon for one spouse in a marriage to handle all financial affairs, potentially leaving the other spouse at a disadvantage in the event of a divorce. The uninformed spouse may want to prepare himself or herself in advance. It may be a good idea to gather all the relevant information as soon as a divorce is mentioned. California is a community property state, meaning that all assets acquired during the marriage are community property. It is, therefore, important to collect all information relating to assets of both spouses and to be prepared for the process of property division.

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Minutes From Downtown Sacramento

Our office is conveniently located off Highway 50, just three miles from the Sacramento County Family Courthouse and minutes from Downtown Sacramento. For your convenience, we accept all major credit cards.

Victoria S. Linder Law Office
5303 Folsom Boulevard
Sacramento, CA 95819

Phone: 916-905-4805
Fax: 916-498-0127
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