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January 2016 Archives

Peace of mind is worth the prenuptial agreement

The happiest moments of our lives often come with worry. Even though a substantial number of marriages end, no one wants to enter into a marriage while worried about divorce. In an attempt to relieve some of those worries, couples may want to consider having a prenuptial agreement. Although a prenuptial agreement cannot address the heartache of divorce, it can address many of the financial worries that go along with it.

Can I force my child to stay with me?

Child custody typically gets easier the older a child gets. Depending on how amicable the divorced parents are, many teenage children are given some say when it comes to their schedule and custody arrangement. Unfortunately, giving a minor child a say in placement also opens parents up to the possibility of not seeing their child as much. Before forcing your child to spend time with you, you may want to consider discussing the issue with your ex or your attorney.

Quality over quantity when it comes to custody

For whatever reason, child custody is one of the most argued over aspects of a divorce. Whether a parent argues for sole custody or joint custody, it is common to have divorcing parents request more time than their soon-to-be ex despite not having a reason to. As common as this argument is, it is important for divorcing parents to understand that when it comes to their child's happiness, quality will usually matter more than quantity.

How do I enforce child support?

Child support is a fairly straightforward concept and standard process. However, occasionally there are parents who feel differently about the subject. It is not uncommon to have a paying parent argue about or completely neglect their financial responsibility to their child. When a parent fails to provide court ordered child support for their child, there are ways that the family court may enforce the order.

Dividing joint credit accounts

When years of marriage come to an end, many divorcing couples find it extremely difficult to separate out a lifetime of assets, property and debts. Although it is common for divorcing spouses to spend a great deal of time and energy arguing over who gets to keep the living room furniture, it may be more important to focus first on who walks away with the debt. After all, replacing a few items of furniture may not have the same financial impact as taking on debt.

What are the benefits of a domestic partnership?

Not every state allows domestic partnerships. In California, domestic partnerships are still common. While many people believe that domestic partnerships are only for same-sex couples, they are options for both same and opposite sex unions. A domestic partnership is similar to marriage but not exactly the same. Its similarities can be seen through the benefits it provides to couples.

Filing for same-sex divorce as a nonresident

For many same-sex couples, their uphill battle for equality hit a plateau in August 2015 when a federal court ruling made same-sex marriages legal in all 50 states. Prior to this ruling not only was marriage difficult, but divorce was equally difficult. Not only were same-sex couples restricted from getting divorced in states that did not recognize their marriage, but they were also held to residency requirements that heterosexual couples were not. Fortunately, the great state of California recognized the struggle and offered couples a way to get a divorce that did not require residency.

Prenups may be difficult but well worth it

Divorce is usually the last thing on a new couples mind. Considering marriage should be an exciting decision and not complicated with the what-ifs of life. However, there is much to be said for proper planning and preparation. After all, the more prepared an individual is for the worst-case scenario, the better equipped they are to handle it. That is why many new couples are considering prenuptial agreements.

How do I request custody of my child?

Whether a parent wishes to seek legal custody of a child due to divorce, domestic abuse or legal separation, several steps must be taken before the order can be made. The first step is to open a family law case that can be done by either a parent or other authority and sets the stage for a custody order.

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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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