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Sacramento Family Law Blog

There is a set framework when seeking a contested divorce

The majority of California residents are aware that it is a community property state when it comes to ending their marriages. However, that does not make the process easier when the spouses are caught up in a contested divorce proceeding. This type of divorce often results in protracted battle that may seem to last interminably.

A contested divorce indicates that the parties cannot agree on important issues such child custody and support as well as the division of certain assets. There are several steps that can make the process more manageable, the first of which is to consult with an experienced attorney. At this consultation, it is best to present all pertinent information and paperwork as well as any expectations regarding the eventual settlement. It is recommended that one retains copies of all documents that are submitted to the courts.

In many divorces, pets are more than a property division aspect

In today's society, many couples have foregone having children and elected to become pet parents instead. However, when a relationship ends in a divorce, the pets are often legally viewed as just another aspect of the property division that needs to be settled. For many California families, their pets are considered children, and deciding on ownership is almost as difficult as child custody decisions.

According to reports, some couples have allegedly resorted to dognapping when they have been unable to decide whom the pet should reside with after a divorce. Other couples have drafted visitation and custody agreements in order to ensure that both parties can spend time with their beloved animals. Many states are starting to move away from the old stance of treating pets as property and are taking the time to consider what arrangements would best serve the pet -- much as a custody agreement when children are involved.

Changes in tax laws could complicate contested divorce filings

There has been much media attention paid to some of the changes that were recently made to the tax codes in the country. While part of the focus was on how alimony payments may be affected by the new laws, there has been little reporting on how other changes could lead to a rise in contested divorce filings. Now, some financial professionals claim that states such as California may see an increase in the number of filings over the next few years.

According to one financial expert, the changes in the amounts and types of tax deductions could have a significant impact on married couples who are in a higher tax bracket. These couples are now limited in the amounts they can deduct in several areas, including deductions for state and local taxes as well as mortgage interest payments. Likewise, other changes may lead to increased pressure in already troubled marriages.

Woman shares her journey to motherhood through adoption

For those families formed through biological means, it may be difficult to understand the challenges that other families may face. Though adoption is one of the most fulfilling means of forming a family, it is not without its trials -- as many California families have discovered. One mother recently shared her journey to genuine motherhood once they brought their daughter home.

This particular family's adoption story began when the child was a 3-year-old. The parents met her and began the formal adoption process, which took approximately 10 months. During that time, the family visited the girl and used a video chatting app to help begin the bonding process. The girl, who was described as being well-behaved and adjusted, was unsure of the meaning of adoption. Therefore, she always referred to the woman by her first name.

Some may approach fresh start after contested divorce differently

For the majority of couples, the ideal marriage will last until the death of one spouse. Unfortunately, that is seemingly rare, as approximately half of all marriages will end in divorce rather than death. California couples who are headed for a contested divorce may fear that the process will drag on forever.

Recently, one woman elected to put a positive spin on the fact that her four-year marriage ended in a divorce. She took the unusual approach of posting an advertisement on a website that allows users to list items they wish to sell. This particular Craigslist ad boasted that the former wife would be selling all of her former husband's belongings that were still in her possession, as well as many household goods.

Three main points when a business is part of property division

When it comes to the dissolution of a marriage, California has specific laws in how the assets are to be divided. If a family business will be part of the property division, there are some main points that need to be taken into consideration. It may be beneficial to learn as much as possible about the company's value with the assistance of experienced professionals.

The first task when determining how to arrive at the best compromise regarding a family business is to get an accurate appraisal of its value. There are three main ways to arrive at an accurate valuation. These include the income provided by the enterprise, the market value based on comparable businesses and the overall worth of the business itself. It may be vital for the spouse who is not involved in the daily operations to obtain the services of an experienced professional who can conduct a thorough review of the company's inner workings and tour the facility while obtaining firsthand information from company officials.

Prenups can be an invaluable tool during property division

When a couple chooses to enter into a marriage, they are most likely hoping that it will last the rest of their lives. Unfortunately, the odds of a marriage ending in a divorce are still relatively high. If one or the other spouse has worked hard to get a new business up and running, then the prospect of losing considerable assets during the property division portion of a dissolution may be quite discouraging. There are some steps that California residents can take that may make the process less painful -- financially and emotionally.

It may be a prudent step to consider the eventuality of a divorce before the vows are exchanged. In many situations, one spouse or the other may have worked hard to get a new business off the ground. After investing time and money in the process, the realization that one could lose half through a divorce proceeding is likely not a pleasant prospect.

Same-sex couples and lawsuits over citizenship of children

The U.S. court system is navigating new legal issues resulting from the legalization of same-sex marriage. Many of these issues relate to children and custody rights. Because the children of same-sex couples will only have the genetic material from one of the parents, it has been difficult for courts to decide on matters pertaining to custody and parentage.

However, there is another issue that courts are trying to sort out: citizenship. In one recent case, same-sex parents sued the United States government for its failure to grant citizenship to their child, who lacks genetic material from a U.S. citizen.

Grandparents rights for visitation, adoption vary

In light of the upswing in the opioid addiction crisis and other factors that could impact the ability of some parents to raise their children, there has been an increase in the number of children who are living with or receiving care from grandparents. In California and elsewhere, many grandparents are seeking either regular visitation rights or the formal adoption of their grandchildren. However, there are many factors that can affect whether a judge will grant such requests.

Many states have recognized the value of preserving a grandparent and grandchild relationship. It is generally thought that contact between grandparents and grandchildren should be permitted so long as it is in the best interest of the child or children involved. However, certain conditions must be met before a court will authorize visitation rights or approve an adoption petition. In some states, the marital status of the parents will be taken into consideration, while in a few states, one or both of the parents must be deceased before visitation will be granted.

Former congressman Weiner and wife stop contested divorce case

Life in the public spotlight often comes with intense pressure and scrutiny. When a public figure falls from grace, the ramifications often result in personal lives becoming fodder for media sources. This may be one reason why disgraced former congressman Anthony Weiner and his estranged wife decided to pull their contested divorce from the courts. Though neither party lives in California, most are familiar with the circumstances surrounding this impending dissolution.

In May of 2017, the former congressman admitted guilt in sending inappropriate text messages to a minor. Shortly after that confession, his wife announced that she would be seeking a divorce. This was a change from the supportive role that Huma Abedin had played in her husband's life after it was announced in 2011 that Weiner had shared improper images via text messages.

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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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