Articles Posted in Divorce

Since the relatively recent Supreme Court ruling that legalized same-sex marriages in all 50 states, hundreds of thousands of same-sex couples have wed. Unfortunately, not all marriages last, and some same-sex couples living in California will decide to sever their relationships. It is important for people contemplating ending same-sex marriages to understand their rights and obligations before filing for divorce. If you have questions about your options for legally dissolving your relationship, it is critical to speak to a knowledgeable San Diego divorce attorney as soon as possible.

Do I Have to File Separate Actions to End my Marriage and Domestic Partnership?

No. Under California law, same-sex couples may not only legally marry but may also legally register as domestic partners, and many same-sex couples entered into domestic partnership relationships prior to marrying. As such, if they decide to sever their relationship legally, they must end both their partnership and their marriage. Fortunately, the law allows same-sex couples to do so through the same case and petition. They simply must indicate that they are ending both their marriage and their domestic partnership.

Do I Have to Explain Why I Want a Divorce?

California is a “no-fault” state. In other words, a person who wants to obtain a divorce does not have to prove that his or her spouse bears responsibility for the downfall of the marriage. Instead, the petitioner, who is the party that files the initial divorce complaint, can merely assert that there are irreconcilable differences. This means that the couple cannot get along with each other enough to salvage the relationship, and therefore, the marriage is irretrievably broken. Continue reading

There are a number of difficult aspects that parties go through during a divorce, which include the division of assets and debts and child and spousal support.  However, there is nothing more difficult than the issue determining child custody and visitation.

The end of a marriage is emotional, whether or not children are involved; however, when children are involved, the issues become more complex and difficult.  Understanding the court procedure of child custody and visitation and the law, may assist with the issues that arise.

Understanding Child Custody

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When children are part of a divorce, child custody and visitation tend to be the parties’ primary objective, and other matters like spousal support, child support, and the division of assets and debts tend to be less important.

Understanding the Types of Child custody

In the initial stages of a divorce, it is up to the parents to establish a parenting plan that is in the best interest of their child.  It is always better if the parties develop a parenting, which encompasses their child’s best interest.  If the matter goes in front of the judge, that judge does not know your child and will make a determination based on what evidence is presented.

Aaron’s and Jessica’s marriage was on its final leg, and after trying to maintain the façade of a happy marriage for their children, they decided to part ways.  However, even though they decide to separate, they were worried about the impact that it would have on their children.

Divorce can be devastating on a family and have a traumatic impact on children. Most adults have trouble dealing and adjusting with the process of divorce and it impacts the children of the relationship more drastically and may cause future issues.

The effects of divorce on children can be long-lasting and may negatively impact their way of dealing with their future relationships. Studies have shown that in the United States, daughters of divorced parents have a 60% higher divorce rate as compared to those who have non-divorced parents.

In California, a divorce is called a dissolution of marriage.  One of the most important things that a servicemember needs to know is where they can file their divorce.  Military members are unique because different jurisdiction may be able to hear their case.  However, there are requirements that may need to be met before a state may exercise their jurisdiction.

If you are stationed in California and are unsure where to file your divorce, you may want to speak with a qualified family law attorney; however, the following explains the different jurisdiction in which you may be able to file.  mil-disso-300x169

     1)     A service member may file for divorce in their state of domicile.

Children suffer the most when parents opt for Divorce or legal separation. Not only do they suffer emotionally, but even their future becomes unclear and blurry. If parents fail to sort out their differences, it may negatively impact a child.

One of the most sensitive matters in a Divorce is child custody and visitation and child support. The effects of Divorce on a child are everlasting, and the decision the Family Law Judge takes regarding support and custody plays a significant role in their life.

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Child custody Cases in California

After the Child Custody, spousal support (alimony) is the most argumentative and challenging-to-navigate procedure in every divorce.

In the middle of a divorce process, you may be thinking about the issue of alimony payments. Spousal Support or alimony is to assist a party to acquire skills or necessary training to obtain a job to become self-sufficient and you maintain the Status Quo.  (See In re Marriage of Schulze (1997) 60 Cal.App.4th 519 at p. 525; In re Marriage of Schulze (1997) 60 Cal.App.4th 519 at p. 522; and  In re Marriage of Burlini (1983) 234 Cal.App.3d 65 at p. 69.). If the divorce goes through litigation, spousal support can be awarded in Court. Both you and your ex-partner can negotiate these payments with the respective lawyers, which can assist you in ensuring fairer results.

In this post, you will get helpful information regarding negotiating alimony settlements during the process of divorce.

Military life is noble, but it is challenging. There is no doubt that it puts stress on one’s relationships. If you are married, the stress of military life could cause your marriage to deteriorate to the point that a divorce is the only solution.

In order to understand the problem, let us look at the potential reasons why many military couples part ways:

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Military Families Move

One of the most stressful things that a person can go through is a divorce, which can simply bring out the worst in people. Some people see divorce as a way to seek revenge on their partner by fighting for assets and money.

To make divorce proceedings less painful and stressful, one should consider hiring an expert attorney to assist settling your case. Hiring an attorney is crucial because, during the process of divorce, emotions can hinder your goals, which can influence your decision on the division of assets and debts.

Your attorney can fight for your interest on behalf of you. When all your divorce issues are resolved, and you are thinking of remarrying, you may want to contemplate the following issues.

There is nothing more devastating than a family that is going through a divorce. Not only does it affect the immediate family, but it also shatters children and, most importantly, the two people who took a vow to stay together. The event is painful, stressful, and an unbelievably upsetting emotional roller coaster ride. At such a time of grief, it is better to cool down, take control of yourself, and try to be practical.

Here are some expert attorney’s specific don’ts while going through a divorce.

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What are the Don’ts of Divorce?

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