Articles Posted in Family Law

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

Every marriage has its ups and downs; however, increasing conflict may trigger strong negative feelings, which could begin to corrode the relationship. Those negative emotions may manifest themselves in a variety of ways. Ultimately, all the frustration and aggression may result in domestic violence.

Domestic violence is not limited to one partner physical abusing the other.  In reality, there are various kinds of domestic violence, and each of them has its own overwhelming consequences, which could include the issuance of a Domestic Violence Restraining Order.  (See Family Code section 6320).

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Kinds of Domestic Violence

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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.

Couples use a prenuptial agreement to address the parties’ interest in the assets and debts in the event of separation or divorce. A prenuptial agreement is also helpful in the death of one spouse. It can assist in resolving problems regarding distributions of marital debts as well as assets. A prenuptial agreement is becoming common, but couples can be hesitant to sign one. You can make your decision by considering how a prenuptial agreement can help you. (See Family Code section 1610).

Marriages are not only a romantic relationship, but also a kind of business-based relationship. To, secure everyone’s financial interest is extremely useful.

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Everything has its advantages and disadvantages. It is significant to understand the drawbacks of what you are going to do? If we talk about it from emotional viewpoint, couples may feel awkward when approaching the idea of a prenuptial agreement. It also creates a sense of distrust between the two people in love who are expecting to become one in future.

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.

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