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Sacramento Family Law Blog

Property division rules that may impact a California divorce

When a person files for divorce in California, he or she is subject to all state laws and regulations that govern such matters. While each set of circumstances may be unique, there are certain rules that must be followed by everyone who petitions the court for divorce. This state is among the nation's minority when it comes to property division laws.  

Some people mistakenly believe that a spouse who earns a majority of a household's income will walk away from a divorce in possession of a majority of assets acquired during marriage. This is not necessarily true because an individual's income level (even if a particular spouse did not earn income at all) is not relevant to marital property division. In California and eight other states, the law requires that all marital property be divided 50/50 between divorcing spouses.  

Kathryn Dennis seeking child support and full custody of her kids

Many reality TV fans in California enjoy Southern Charm, a show that stars Kathryn Dennis, among others. Dennis is a mother of two girls and made news headlines in 2016 when she failed a drug test and lost custody of her children. Since then, she's been paying $100 per month in child support while the girls live with their father.  

After passing several drug tests, Dennis says she is now pursuing full custody of her daughters. She also hopes the court will grant her petition to receive child support to provide for her daughters' financial needs. Dennis said she believes the fact that the girls' father has been accused on several counts of sexual misconduct should influence the court in her favor.  

"Married to Medicine" stars squaring off in contested divorce

California spouses currently considering filing court documents to end their marriages may want to think ahead to try to prepare for potential obstacles that may arise. If there's a contested divorce, things may get complicated quickly. In some situations, such as the Lunceford case that involves TV stars of the show, "Married to Medicine," both spouses file competing petitions for divorce.  

The "Married to Medicine" television series chronicles the lives of women who happen to be licensed physicians, as well as others whose spouses are doctors. Two of the show's stars, Quad and her husband, Doctor Greg Lunceford, were apparently having some marital problems last season that led to the wife filing for divorce. Not only has the doctor contested his wife's petition, but he has filed one of his own. He's also asked that the court hold her in contempt for supposedly violating its standing order regarding the removal or sale of marital property.  

Overcoming property division problems in a California divorce

You likely never imagined your marriage ending in divorce back when you first wed. In fact, the first 10 or so years unfolded rather nicely, you thought, with you and your spouse facing any and all challenges together that life brought your way. After that, however, things began to go south. Now, you've begun the process of divorce through the California family justice system, but you're having concerns about property division issues.  

California continues to operate under community property laws in divorce. This means that all your marital assets and liabilities are typically split 50/50. If you and your spouse are both willing to sit down and negotiate a fair settlement, you may be able to achieve your goals without the court's intervention except, of course, to approve whatever plan that you propose.                        

Non-biological father hoping court grants him adoption privileges

A situation in another state has left one man thinking about his childhood. He says his adoptive father gave him a chance at a good life he might not otherwise have had. Like many young fathers in California, this man is now a U.S. military soldier on active duty overseas. He hopes adoption will be the answer for another child, an infant born to his estranged wife and a baby he believed was his own while the mother was pregnant.  

The man said his wife devastated him by informing him that he was not the child's biological father. He has since taken a paternity test, which confirmed her statement. While serving abroad in the nation's military, the man's sister contacted him to let him know the birth mother said her baby had died during delivery.  

Will child support be an issue in Geena Davis divorce?

California fans of Hollywood actress, Geena Davis may have recently read that her current husband of 17 years has filed for divorce. Davis is definitely not the only movie star who is headed for divorce court for her fourth time. In fact, such situations are not isolated to public entertainers as many private residents can attest. In repeat divorces, issues such as child support, alimony and custody are often matters of concern.  If parents can't agree regarding settlement terms, they sometimes need the court's intervention.

In Davis's case, she and her husband have three children. When he filed for divorce, the kids' father made several requests of the court. One was that Davis be ordered to pay him spousal support. Another asked the court to deny any request for such support from Davis's side.  

One state offers new option for paying child support

Studies have shown that children do best when both parents are actively involved in providing both emotional and financial support. Parents who are under court orders to provide child support payments often have a strong desire to do so but lack the means or have other obstacles in their way. California parents who are experiencing difficulties in meeting these obligations do have avenues to seek relief.

One state child support agency recently accepted an offer from a nationwide payment service known as PayNearMe to contract to accept child support payments at their local 7-Elevens. The agency decided to accept these services, as it is believed that parents who work odd hours or have difficulties with other banking options will find the service more convenient for their needs. There are many parents who desire to make these payments, but life circumstances may make traditional business hours difficult to accommodate.

If these behaviors are occurring, a contested divorce may be next

Wedding planning is just the beginning of the commitment couples pledge to one another as a marriage requires work to make it successful. In spite of the effort that California spouses have contributed, there are many times when they find themselves facing a contested divorce due to issues that cannot be resolved. Those who are concerned about how to begin the process can seek additional information.

According to marriage therapists, there are several behaviors that may signal that a divorce will be in the near future. One of those behaviors includes one spouse focusing on his or her needs exclusively, including making long-range plans for the future without the spouse. Another sign that a marriage is ending is when one partner expresses contempt or is overly sarcastic towards the other. A lack of empathy can be a serious indicator that a relationship is in trouble.

3 tips for negotiating your child custody arrangements

In most cases, child custody negotiations go smoothly because both parents recognize that spending as much time as possible with both parents is in the best interest of the child. However, circumstances could arise that prevent the parents from being able to agree upon a suitable child custody arrangement.

If you're in the throes of a serious child custody disagreement, there are several things to keep in mind. If anything, these tips will help you navigate the disagreement in a psychologically healthy way -- and, hopefully, they also will help you arrive at an agreement faster and more economically.

Woman celebrates journey of adoption as a single mother

Decades ago, the picture of a so-called perfect family included a mother, father and a child or two. However, in today's society, families take many different forms and come about through a variety of ways -- including adoption. There are countless families in California that have been united through adoption.

Recently, one woman shared her struggles toward motherhood by way of adoption. From the time she was young, she believed she would marry and have children. However, as the years passed and she remained single, she realized that she still desired to be a mother. She contacted several adoption agencies in her state but was often refused due to her single status. One agency claimed that birth mothers preferred married couples otherwise they would likely not consider adoption at all.

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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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