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August 2015 Archives

Why an attorney is a prenuptial necessity

Just as with any type of legally enforceable contract, there is a lot to consider when it comes to prenuptial agreements. Of course, signing one, and understanding it are two very different things. Even though, in the state of California, a court will inevitably decide if the contract is valid, entering into one should take a great deal of consideration and the knowledge of an experienced attorney.

Does an infidelity clause mean he thinks I will cheat?

In the new day and age where anything goes, marriage is sometimes handled more like a business relationship than an emotional one. It is for this reason that lifestyle clauses such as the infidelity clause of a prenuptial agreement are so widely accepted. Including an infidelity clause in your prenuptial does not mean either one spouse is suspected of having cheating potential. It does, however, show the dedication each spouse has to making their marriage work. The less you leave unsaid or undiscussed, the less likely any one topic will become an issue.

Before you think child support is set

Although many divorcing couples feel that child support calculators are the end all be all to court-ordered child support amounts, there are many other things that can affect what you are ordered to pay or receive. Family courts may use a simple guideline or formula to come up with the initial number for child support, but a skilled family law attorney can identify factors that may change how your particular amount is calculated.

Credit impact of child support

Child support is a court ordered debt that must be paid. However, there are still some cases where individuals who are ordered to pay child support, just don't. Not only can this decision lead them to be found in contempt of court, but it's a little-known fact that it can also have an impact of their credit score.

Stigma still attached to same-sex families

Although it seems like we have come so far in the progressive world of LBGT rights, there is still stigma attached to same-sex couples, and their choice to have children. Fortunately, there are attorneys out there well-versed in family law as it pertains to same-sex couples. When two people want to begin their lives together and start a family, they should have the right to. In the case where a same-sex couple wishes to have a child, whether through a surrogate, sperm bank or adoption, there are several aspects of the process that need to be addressed. Even in this day and age, parts of this process can be held up or stopped altogether by close-minded individuals. For this reason, finding a trusted family law attorney may help keep the process productive and the experience positive.

Modifying child custody

Most of us are aware what the term custody means in relation to children of a divorced couple. Physical custody involves determining where the child will live, whereas legal custody refers to establishing who will make decisions for the child. No matter the scenario, child custody is often an emotionally charged subject.

Curious behavior when dividing property

Divorce is confusing. If you're going through it right now, you know all too well just how overwhelming the entire thing may be. Likely, not one aspect of your divorce has been easy or without contest. So if you're even more confused by the surprisingly high level of generosity shown by your soon-to-be ex during property division, maybe it's time to take a closer look.

Crunching numbers for child support

Punching numbers into a child support calculator is easy. Any Internet search for your state's child support guidelines and you're bound to find a useful little calculating tool to help you. But, what if you don't know which numbers to use? That useful little calculating tool has suddenly turned into a useless blinking box on your computer screen.

What exactly does "Best Interests" mean?

When a couple has children and decides to get a divorce, there are a host of complications. Childless couples have to worry about dividing assets and spousal support, but couples with children have to think about issues of support and child custody. Every decision must be made with the best interests of their children in mind. The phrase gets thrown around a lot, but what does it actually mean? Is it a legal term or just a platitude that people love to say?

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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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