How is Child Neglect Proven?
Child custody in California divorce cases is often the most distressing and emotionally fraught part of the divorce settlement process. When one parent accuses the other of child neglect, the stakes become even higher for all involved in this contentious issue. Because California courts prioritize a child’s best interests in all decisions, the court takes allegations of child neglect in custody cases very seriously. Sadly, many parents make false allegations…
Read MoreDoes a Father Get Visitation if he Does Not Pay Child Support?
When spouses with children divorce in California, child custody and child support are two critical parts of their divorce agreement. Whether spouses agree to terms outside of the courtroom in an uncontested divorce, or a judge decides on the terms of both in a divorce hearing, these two important parts of a divorce judgment are connected, but one does not depend on the other in a California divorce. California family…
Read MoreHow Long Does it Take to Get a Divorce in California if My Spouse and I Agree on all Terms?
Divorce is rarely easy, even when spouses part on good terms. Breaking up a marriage and home is a distressing prospect for any couple, but when divorcing spouses can agree on all terms in a California divorce, the process becomes much less stressful. But what’s involved in an uncontested divorce and how long does it take to finalize an uncontested divorce in California? If you and your spouse agree on…
Read MoreHow Do I Know If My Child Support is Fair?
Divorce is almost always a legally complex and emotionally charged legal proceeding. When a divorce involves minor children, it becomes even more distressing. Often, matters of deciding child custody, parenting time, and child support are the most contentious and emotionally fraught battles between divorcing parents. No parent looks forward to a judge telling them when they may see their children, and often one spouse paying their ex-spouse a percentage of…
Read MoreDoes It Matter Who Files for Divorce First?
Whether you’re considering filing for divorce from your spouse or you’ve received a divorce petition from a spouse, one thing you might need to know early in the process is how much it matters who files for divorce first. Does the spouse who makes the first legal move have any significant advantages, or is it better to wait for a spouse to take the first action and then respond? Divorce…
Read MoreWhat Happens to a Trust in a Divorce?
California is one of nine community property divorce states in which the“community” of two created during the marriage becomes dissolved in a divorce, requiring equal distribution of the assets acquired by the marital community. There is a lot to consider during this process, including discerning what assets are each spouse’s separate assets and which ones belong to the marital community. Another consideration for some spouses is a living trust created…
Read MoreFiling for Divorce Citing Irreconcilable Differences
California was the nation’s first no-fault divorce state beginning in 1969 with the signing of then-governor Ronald Reagan’s Family Law Act. Before that time, the law required anyone seeking to divorce a spouse to prove that the spouse had done something wrong—something unforgivable enough to break the marriage bond, for example, committing adultery or spousal abandonment. Today, all states have a form of no-fault divorce law. To file for divorce…
Read MoreHow Should I File My Taxes While Going Through a Divorce?
There is a lot to consider during the divorce process in California. Besides the emotionally fraught aspects of divorce, there are also intimidating legal processes and the necessity of making new living arrangements and adjusting to a change in financial circumstances. For most divorcing spouses, how they should file their taxes is the last thing on their minds—at least until the tax deadline approaches and they’re still in the process…
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