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March 2015 Archives

Professionals are available to guide couples in property division

California residents who are considering divorce may realize that such steps justify careful consideration. Any decisions made during the property division process may impact their future financial stability. It is said that almost half of all marriages end in divorce, and an interesting fact is that the divorce rate for older people who are in second or third marriages has increased significantly. People over the age of 50 typically have more factors to consider as such divorces often involve children from previous marriages.

Where does shared parenting fit into child custody orders?

Divorce proceedings are emotional affairs for most couples. When there are children involved, each parent typically has his or her own concerns. Shared parenting is professed to be the ideal situation in most cases, especially if there are low levels of contention. While most parents know about the options between sole and joint child custody, many may be uncertain of exactly what constitutes shared parenting in a specific situation.

Considering divorce? Being prepared may alleviate the stress

Going through a divorce is never easy, especially if it is the first time. The circumstances of every family are unique, and the challenges faced by friends and family during their divorces may differ from those you may have to face. The uncertainty of what to expect may cause high levels of stress that can be avoided by learning how the divorce system works. An experienced California divorce attorney may be able to prepare you for what is to come, from the time you are considering divorce through the proceedings and into your new single life.

Same-sex family law still presents many pitfalls

While the legal wheels are slowly turning to create equality for lesbian, gay, bisexual and transgender individuals, many challenges are still faced by these individuals. In addition to struggles related to their professions and the lack of acceptance on many levels, same-sex family law still presents many pitfalls. While California and some other states recognize same-sex marriages, others don't, and when it comes to the right to divorce, it could become very complicated.

Why is paternity establishment necessary for child support?

Paternity is not usually an issue for married couples in California because, in most cases, the husband is the father of a child born to his wife. If such a couple files for divorce and the children stay with the mother, the father will have to pay child support. However, when an unmarried woman gives birth to a child, fatherhood is not automatically established. Both parents may sign a voluntary Declaration of Paternity upon or after the child's birth.

Does a grandparent seeking visitation threaten child custody?

It is a sad situation when grandparents are denied the opportunity to share their love with their grandchildren. While many grandparents are fighting legal battles to obtain child custody of neglected or abused grandchildren, some only want to be allowed to visit with their grandchildren. Grandparents in California who are yearning to maintain a relationship with their grandchildren may request the court to allow visitation rights, but a prior knowledge of requirements under state laws may be valuable.

Self-created art pieces may complicate property division process

Property division during a divorce is typically a challenging process for both spouses. Artists, however, have an added property division complication in determining who owns the art they created, along with future income from licensing and copyrights. Under California law, art objects created by one spouse are regarded as community property in a divorce -- as long as they was created after the date of the marriage.

Frank McCourt of Dodgers wins ex-wife's property division appeal

After signing a divorce settlement agreement in a California court, there is not much chance of having it overturned. The former wife of the ex-owner of the Los Angeles Dodgers recently failed at such an attempt. She claimed that Frank McCourt was dishonest when he represented the monetary value of the Dodgers and the TV broadcasting rights during the property division process when they got divorced in 2011.

Property division: Ensuring each spouse has cutlery and crockery

California is a community property state, and under the California Family Code, all marital assets are designated for equal division between the two spouses in the event of a divorce (absent a written agreement to the contrary). Assets brought into the marriage by either party will remain his or her property, as will personal gifts and inheritances – if they was not commingled with community property. It is often said that one should put emotions aside during the property division process of a divorce, and while this may be possible with valuable assets such as cars and real estate, emotions sometimes take over when dividing household items.

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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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