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December 2015 Archives

What is the benefit of mediation for child custody?

One of the most important issues addressed during divorce his child custody. For the most part, custody is based on the best interest of the child. Of course, it is best if parents can arrive at an amicable agreement. However, occasionally a heated custody battle will ensue and in an attempt to avoid damaging a child's relationship with his or her parents, divorcing couples should consider mediation as a less aggressive form of problem resolution.

A child's education should not be affected by divorce

Typically, the educational expenses of a divorced couple's children are considered a separate support issue and are ruled on in the divorce judgment. While the requirements of divorced parents to cover a child's educational expenses vary from state to state, parents may choose to continue child support for the duration of their child's college education.

Are there different methods of discovery in divorce?

One of the first steps divorcing couples must take after filing their initial divorce petition is the process known as discovery. Divorcing spouses and their attorneys usually compile information regarding their individual financial situation and exchange it with each other. This is typically the first step in the discovery process that will eventually lead to a marital property settlement.

Postnuptial agreements may actually be good for your marriage

Money and financial struggle are very often an arguing point in many marriages. It is a common belief that money is one of the top reasons married couples argue and are unhappy. While prenuptial agreements are drafted and initiated prior to marriage as a way to alleviate any financial turmoil, many couples still do not use them. Fortunately, for couples that feel addressing financial uncertainties would help save their marriage, there is the postnuptial agreement.

What is an unconscionable prenuptial agreement?

For being as widely used as they are, prenuptials are still very, very tricky to get right. Numerous elements must be included for it to be enforceable in court, and even more things that, if included, make it invalid. While many times illegal elements are simply ignored by the family court, there is one sure fire way of getting an entire prenuptial agreement thrown out, and that is to make it so completely unfair to one spouse that enforcing it would cause them severe financial hardship. This is known as an unconscionable contract and is almost always ruled invalid.

Custody of shooter's baby undecided

The recent story of the mass shooting in San Bernardino rocked the nation. Details of a husband and wife team that engaged in a shootout with officers at their workplace, killing co-workers shocked all who heard it. There were few details, however, as shocking as the fact that the couple had an infant child they left behind while they committed this terrible act. The child, a six-month-old girl who was left with family members on the day of the shooting, is now the subject of a custody case.

Survive shared custody during the holidays by focusing on your children

The holidays are a special time for everyone - and especially for kids. For children of parents who are newly separated or divorced, this holiday season may look much different than it did last year or before. Due to changes in the family, it can be difficult or impossible to maintain traditions and normalcy.

Prenups offer benefits for those entering second marriages

Prenuptial agreements are gaining in popularity with newly engaged couples everywhere. While those that are marrying later in life usually have more assets to protect, the young professional world is more about planning ahead for every situation. While the reason for drafting a prenup seems to vary a bit from couple to couple, an expert in matrimonial legal matters offers couples someĀ of the main reasons couples look to the protection of a prenuptial agreement.

Child support may continue after high school

There are many child support paying parents out there that believe once their child is 18 or graduates, their obligation to pay child support is over. The truth is, while child support is paid to the other parent while the child is a minor, there are a few factors that may make your obligation to pay child support continue directly to your adult child.

Equal rights for all family law needs

There are certain aspects of family law that are still more difficult for same-sex couples than for heterosexual couples. Even though marriage equality has made its way across the states, some same-sex couples are still fighting for equal rights in divorce, adoption, custody and other areas of family law. For this reason, same-sex couples should rely on family law attorneys that have experience fighting for the rights of these families.

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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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