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July 2015 Archives

First same-sex divorce granted since gay marriage ruling

It's rather ironic that, in many ways, divorce was one of the major lynchpins that led to nationwide legalization of same-sex marriages. Many couples were married in states where their same-sex marriage was legal and moved to states where it wasn't. When they wanted to get a divorce, they were denied it because their state didn't recognize the marriage. However, as it turns out, many states cannot constitutionally deny a divorce. This led to a conundrum. By allowing a same-sex couple to divorce, the state would effectively be recognizing the marriage itself.

Prenuptial agreements and cheating spouses

In the old days, prenuptial agreements were considered a luxury for the ultra wealthy and the super famous. Over time, though, creating a prenup has become a norm, even for people who don't fall into either category. In fact, in the last few decades, the scope of prenuptial agreements has increased into areas that no one could have predicted.

Preparing for property division in divorce

Ask 100 people what's the worst part of a divorce and you're bound to get 100 different answers. That's because it can be one of the most painful experiences that life can throw at you. Aside from the emotional trauma, you've got to sit down and hash out the details of child custody, alimony, child support and property division. So, let's reevaluate: ask 100 people what the worst part of a divorce is while they're going through property division and 99 will tell you, "property division."

How do the courts calculate child support in California?

One of the hardest issues to come to an agreement on during a divorce is the amount of child support a parent will pay. Typically, both parents genuinely want what's in the best interests of the child, but they disagree mightily on what that actually means. The parent who will pay usually thinks that the payments are too high, while the receiving parent is usually unsatisfied with how low they are. If the couple can't or don't want to come to an amicable, fair agreement, the California divorce courts step in.

Police arrest father with $145,000 in unpaid child support

When a couple gets a divorce, one of the major points of contention is how much child support will be paid. We've discussed this here in the past. First and foremost, the child support system is in place to serve the best interests of the child. Only after the child's needs are taken care of are the needs of the parent considered. Some might consider this unfair, but children are the innocent victims in divorce and we owe it to them to make the best of a bad situation, keeping their lives as normal and uninterrupted as possible.

Nation's attitudes about same-sex marriage changing

If you pay attention to the issues of same-sex couples, or if you have a pulse and live in America, you know that the Supreme Court just issued a ruling about the constitution's stance on legal, nationwide same-sex marriage. No matter how you look at it, same-sex marriage is a divisive issue, with select religious leaders and some holdouts still not willing to accept two people who love one another being able to express that love by tying the knot.

More and more couples are drafting prenups

When you take a camping trip to the woods, you might pack a bear repellent along with your tent, fishing gear and other outdoor equipment. Does this mean you are expecting to be attacked by a bear? Of course not. You pack it to prepare for a worst case scenario. The same is true for prenuptial agreements. Many couples think of a prenup as an admission that a divorce is going to happen sometime down the road. In fact, a prenup is just like that bear repellent; it's there just in case.

4 ways to make divorce less painful

It's more than a little ironic that the thing that's made several states overturn bans on gay marriage is the fact that it's unconstitutional to deny a couple a divorce. So divorce, rather than marriage, became the lynchpin for turning states around that otherwise would have tried to keep same sex couples from marrying. Regardless of how it happened, more and more states are joining the right side of history and legalizing same-sex marriage, including California.

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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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