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February 2015 Archives

What are your community property rights after marriage annulment?

There are various legal requirements for the annulment of a marriage in California. While such action is often taken soon after the wedding date, some such unions last for years before one spouse applies for an annulment. During those years, assets may have been accumulated, and the couple may have had children together. What are the rights related to community property and children after an annulment?

A temporary child custody order may be obtained during separation

California couples who have come to the conclusion that their marriages are beyond saving may decide to live separately while divorce proceedings are pending. Such a separation brings about many changes, and certain issues have to be addressed immediately. Matters that cannot be put off until the divorce hearing commonly include child custody, along with spousal and child support, and decisions concerning who will use the car and the family home. It may be comforting to learn that temporary orders to address such issues until formal court orders are issued may be obtained.

Will your business be regarded as community property in divorce?

When California couples are the joint owners of a business, a divorce will likely present many challenges. Because California is a community property state, a jointly owned business is typically regarded by the law as community property. However, by being proactive, couples can avoid lengthy and expensive litigation should they decide to divorce.

What's more important than emotions in considering divorce?

From the moment an individual realizes that a divorce may be inevitable, he or she may want to start preparing for the eventuality. We all know that the time leading up to a divorce can be an emotional road, but it is helpful to maintain a financial frame of mind. Those considering divorce may gain by seeking guidance and support regarding the legalities and required procedures. The may be the ideal time to gather relevant information and prepare the necessary financial paperwork.

Same-sex marriage survivors may see change to Social Security Act

Same-sex couples in California may be thrilled to learn about a proposed change related to Social Security spousal benefits included in President Obama's 2016 budget. If approved by Congress, spouses in a same-sex marriage will be eligible for the same benefits enjoyed by heterosexual spouses, regardless of their state of residence. While the aim of LGBT advocates is for total marriage equality across all states, they may see this as a positive step.

California law makers asked to encourage shared child custody

The head of the National Parents Organization of California is requesting lawmakers to pass legislation that will force courts to order shared parenting in divorce cases that do not involve neglect or abuse. She underscores that shared parenting should not involve one parent caring for the children for two weekends every month while the children spend the rest of the time with the other parent. According to her, joint child custody, or shared parenting, is professed to be the preference of family courts while, in fact, true shared parenting is hardly ever ordered in California courts.

Visitation and child custody litigation may traumatize children

Being denied visitation with grandchildren can cause a lot of pain to grandparents. Some California grandparents may even considerate litigation in an attempt to gain visitation rights or even child custody. However, except when child abuse, neglect or substance abuse is a factor, the issue may be resolved without litigation. While grandparents may desperately want be a part of their grandchildren's lives, the best interests of the children must never be disregarded, and litigation may bring about adverse repercussions for the children.

Judge overturns benefits ruling for same-sex marriage widower

Until the state and federal laws have been changed to accommodate same-sex unions, same-sex couples will remain in limbo when issues such as divorce or the death of one spouse arise. A federal judge recently overturned a previous ruling that denied a California widower of a gay couple surviving spouse benefits. The fact that his partner died before their same-sex marriage reached the nine months required for receiving such benefits was the reason for the denial.

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

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