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October 2014 Archives

Will you receive your fair share during property division?

It has been said that -- in some cases -- a divorce can show the worst aspects of a person's personality. California readers may be interested to learn about the lengths a well-known man from another state is prepared to go to in order to avoid property division. After a marriage of more than 20 years, he now claims that the marriage was never legal. This case may serve to emphasize the importance of ensuring that all documents related to marriage and finances are legal and would hold up in court.

Father with deformed hands is fighting to obtain child custody

California parents may empathize with a man in another state who feels helpless in his fight for custody of his daughter. After a house-fire when he was a toddler, his severe burn injuries left him with permanent scars and deformed hands with missing fingers. He asserts that he was told that he would not be able to get child custody due to his disability.

Can the law regard a transgender union as a same-sex marriage?

The laws related to California same-sex families are slowly but surely being adjusted to provide equality for all married couples. However, these laws mostly address issues of concern to lesbian and gay couples, while a large group of citizens in the LGBT communities is transgender. This group still faces many insecurities that have yet to be addressed. It is still unclear whether a marriage where one party's birth gender was different from their current gender is regarded as a same-sex marriage or a heterosexual marriage.

Who can help us in drafting a workable parenting plan?

California couples that are going through a divorce may face many challenges when dealing with contentious issues. It is known to be an emotional experience, and it is not uncommon for child custody matters to present difficulty. Unfortunately, this area of the process does not only affect the parents but also the children. In order to maintain healthy and loving parent-child relationships after the divorce, a workable parenting plan that will suit all parties may be the solution.

Retirement accounts are often overlooked during property division

When couples in California consider divorce, there are many aspects to consider, and it is not uncommon for some to want to get the process over and done as quick as possible -- even if that may adversely affect their futures. If the process seems overwhelming or intimidating, it may be beneficial to obtain the services of an experienced divorce attorney who also has excellent financial resources. It is important to keep in mind that financial decisions made during property division may determine your future lifestyle.

Can a postnuptial agreement resolve marital issues?

It is not uncommon for issues that were not anticipated before a marriage to develop during the marriage. Even if a couple signed a prenuptial agreement, the matters causing contention during the marriage might have been addressed at that time. California couples may have heard that drafting a voluntary postnuptial agreement to deal with such matters could provide marital harmony.

What constitutes "best interest of the child" in child custody?

It is commonly known that "the best interest of the child" is the most important consideration of a California family court when decisions about child custody have to be made. However, some people are unsure of the factors that play a part in the court's considerations. While child custody laws vary in different states, there are some basic aspects of the family's life prior to divorce that may be scrutinized.

Property division in divorce may determine your future lifestyle

It is not uncommon for married couples in California to work long and exhausting hours while building their asset portfolio. Unfortunately, there may come a time when a couple decides to each go their own way. However, how will each spouse protect the assets they worked so hard to acquire? It is certainly not a matter to take lightly as decisions made during divorce negotiations and property division may determine the future lifestyle of each party.

Why is second-parent adoption necessary in same-sex family law?

Same-sex couples in California that decide to start a family have different options. Rather than adopting a child born to strangers, they may choose to have a child that is biologically connected to one of the spouses. However, as same-sex family law is yet to provide full equality, there are some legalities that have to be addressed in order to provide legal parent status to both spouses.

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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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