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January 2015 Archives

Billionaire Ken Griffin faces temporary child support claim

Divorce proceedings, whether in California or elsewhere, sometimes take months to finalize. This is often the case when it is a high asset divorce with complicated asset division to be negotiated. It is common for a spouse who has to care for the children to apply for temporary child support to be paid by the other spouse in order to maintain proper care of the children during the pending divorce proceedings.

California same-sex family law challenged by sperm donor

With family laws related to same-sex unions varying from state to state, many legal issues remain unresolved. Same-sex couples that are in disputes that involve two states with different same-sex laws will likely remain in limbo until more uniformity is reached. A lesbian mother in another state is currently fighting a child custody battle because that state's same-sex family law about sperm donors differs from the law in California where the In Vitro fertilization procedure was performed.

What are the tax implications when considering divorce?

Getting a divorce has an impact on almost every aspect of a person's life. The tax-related consequences are significant, and, when considering divorce, both parties may want gain the necessary knowledge in order to avoid being caught unaware. It may be beneficial to utilize the guidance of an experienced California divorce attorney to discuss tax implications and work on a plan to lessen the tax obligations that will be faced by both parties.

Maintain parent-child relationship with a workable parenting plan

California parents who are divorcing are required by the courts to draw up a custody and visitation agreement that will allow each parent fair access to the children. Such a parenting plan commonly includes a detailed schedule of the times children will spend with each parent. In addition, it will contain directives on how decisions related to the children's welfare will be made. This includes health care and education.

A same-sex marriage protects couples financially and emotionally

While same-sex marriages in California are nothing new, a couple who recently got married in another state explained the advantages of their new marriage compared to their time as an unmarried couple. In addition to experiencing a moral and emotional victory upon being achieving the right to get married, they also secured financial and other security. They have been together in a committed relationship for 13 years, and the legal same-sex marriage only confirmed the love and commitment that was already there.

Property division in Slash divorce may prove to be acrimonious

Saul Hudson, better known as Guns N' Roses guitarist Slash, and wife Perla Ferrar have announced their separation after 13 years of marriage. This follows a divorce filing in 2010 and a subsequent reconciliation complete with renewing their wedding vows in 2011. The couple has two sons, ages 12 and 8 respectively. It is reported that the couple has no prenuptial contract, which may affect the property division process.

Property division in divorce benefits from compromise

California is a community property state, so, when a couple gets divorced, any property or assets acquired during the marriage has to be divided between the two spouses. In the same way, marital debts must also be divided. Separating couples are entitled to draft a plan for debt and property division in a way they believe to be fair. However, until a court has approved such a plan, all assets and debts continue to belong to both spouses.

Are fathers fighting hard enough for child custody?

The perception that family courts in California discriminate against fathers in child custody cases is generally false. Most family courts have accepted the modern perspective of shared child custody, as long as it is in the best interests of the children. Fathers are entitled to exercise the same parental rights as mothers, and, if the court seems biased, they should be prepared to fight for their legal rights.

Can terminated parental rights and child custody be reinstated?

Having parental rights terminated in a California family court would naturally be a devastating experience for most parents. However, this is only done in severe cases of child abuse or neglect and is always done in the best interests of the children. After termination of parental rights, a parent will no longer have child custody; in fact, there will be no legal parent-child relationship.

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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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