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June 2015 Archives

Who gets the pets in a divorce?

Anyone who owns pets knows that they can become beloved members of the family. They are constant companions who are with you through good times and bad times, giving you unconditional love no matter the circumstances. That's why when couples divorce, the four-legged friends can get caught in the middle. Even though you think of them as little humans, the courts think of them as marital property to be divided just like everything else and that can lead to battles between soon-to-be exes.

Postnups: can a piece of paper save your marriage?

It's a common scenario: you and your wife or husband got married when you were young and had nothing. You both may have been a little naive about what marriage actually entailed. Then, five, 10, 15 years down the road, you find yourselves fighting constantly over finances. Maybe one spouse spends too much while the other wants a stable financial life. Perhaps one believes in racking up debt and the other doesn't. These arguments can absolutely tear a marriage apart, but before throwing in the towel to get a divorce, there's one other thing you can try.

What happens if an ex doesn't pay child support?

For a couple going through a divorce, one of the most important issues is the question of how much one parent will pay in child support. That's because it makes all the difference in the world to the children of the splitting couple: the proper amount of financial support will ensure a smoother transition and a brighter future for everyone involved. Whether the courts issue a judgement on the amount or the couple agrees to a fair number, it's important that the parent paying child support continues to live up to his or her obligations.

What's the difference between legal and physical custody?

When you're going through a divorce, there are a lot of new terms that get thrown around without much explanation for those involved. This is especially true when it comes to custody, which takes several different forms. One of the most commonly misunderstood is the difference between physical custody and legal custody.

Should you get a prenup?

When most couples get married, the last thing on their minds is the idea that they may someday be dividing their assets. This could be because they are so in love that it seems impossible or it could be that they don't actually have any assets to divide. Here in California, we have a community property state where assets and debts are automatically divided equally, 50/50. With a prenuptial agreement, couples can choose to decide how their assets will be divided in the event of a split, thus effectively opting out of California's community property laws.

Avoid these property division mistakes like the plague

Here's an obvious statement: divorce can be ridiculously hard. You and your soon-to-be-former spouse, with whom you may not be on the best terms, have to hash out extremely complicated issues like which spouse will be the custodial parent, how frequent visitation will be and how much one spouse may need to pay in alimony and child support. Of all these issues, though, sometimes the division of property can be the most contentious. Each side has his or her ideas about who should get the house, who should keep the artwork and who can hang on to that trinket Grandma Tess gave her son or daughter on her last visit.

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Minutes From Downtown Sacramento

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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