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Make Sure That Your Father's Rights Aren't Violated

Friday, January 22, 2016

As the male parent, you might feel as if you are at a disadvantage in the court system in regards to your children. This can be true in many cases, but you should know that you have father's rights that should be abided by. If you feel that your father's rights are being violated, it is critical to seek legal assistance. Read More

Family Law Tips: Talking to Your Child About Divorce

Friday, January 15, 2016
  • No one gets married thinking they will get divorced. Unfortunately, nearly half of all marriages end this way and many of those include children. Talking with your child about the situation can be helpful in starting the healing process. Use the following tips to help your child through the uncertainty.

    How To Talk To Your Children:

    • Make sure your kids know they are not the reason for the divorce. 
    • Your children will likely want to know the causes for the split. Share an age appropriate response with them. 
    • Explain that both parents love them even if one of the parents will not live in the same house.
    • If it has been decided, talk with your children about how their life will change. This may include where they will live, with whom, and when they will see their other parent.
    • Assure your child that you are available to answer their questions and listen to their concerns.

    What To Do For Your Children:

    • Encourage your kids to continue their participation in school activities, sports, and other extracurricular activities.
    • Stick to a routine that fits your family's needs. While change is inevitable during this time, finding a routine that works for you will help to give your children a sense of normalcy.
    • Make sure your children spend adequate time with both parents.
    • Give your children reassurance by showing them the love they desire. This helps to alleviate some of the sadness and fears they are dealing with.

    A divorce is a big transition for everyone involved. Use these tips to help make the transition as smooth as possible for your children. If you have any family law questions or concerns, please don't hesitate to contact us.

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Family Law: What to Do if You Want to Have Your Child Support Payments Reduced

Friday, December 18, 2015

As a parent, you probably understand the importance of helping with the care of your child by paying child support. However, if you feel that your child support payments are too high, or if you are having trouble making your payments, you could wonder what you can do about the situation. Read More

Father's Rights in the Divorce and Custody Process

Thursday, December 03, 2015

Unfortunately, divorce is all too common in modern society. The rate of divorce in the United State ranges from 25-50%, depending on the source of the information, but regardless of the exact number, divorce is always a traumatic and stressful event that can result in financial and emotional hardship. Read More

Myths and Facts About Father's Rights

Monday, November 30, 2015

It's been a long-held belief that there is a bias in the courts in favor of women, and that any mother who wants full custody of her children will easily get it.  Many states have been working to change this and to give equal protection to both parents.  Today, in the state of California, it is assumed that each parent has equal rights and responsibilities for the children.  Many fathers still worry about their rights in the case of a dispute, so here are various things that father's rights include. Read More

How to Divide Pets in a Divorce

Tuesday, July 07, 2015

One of your most precious possessions can also be one of the most difficult to divide during a divorce. There are established guidelines and precedents for the division of all assets including the house, cars, investment funds, retirement assets, and all kinds of other assets in a marriage. However, pets are more like members of the family than possessions, and very often, there are legal disputes about who gets to walk out with the pet.  Read More

How Is Legal Separation Different from a Divorce?

Monday, June 01, 2015

A legal separation is separate and different from a divorce in California. A legal separation allows individuals to live separately from each other, like in a divorce, but individuals are not free to marry other persons. A legal separation will not legally terminate the marriage like a divorce will.

Sometimes, couples prefer to use the legal separation route rather than divorce. There may be a number of reasons for this, and most of these tend to be personal. For instance, they may have religious beliefs that do not allow them to get divorce. There may also be health insurance concerns, and one person may be at risk of losing health insurance coverage in the event of a divorce. In such cases, the couple may choose to file for legal separation that will allow them some of the benefits of divorce, without attracting many of the disadvantages of a divorce.

Sometimes, couples file for legal separation, and follow that up with a divorce. That often happens in cases in which the couple has not lived in a certain California county for sufficient time to actually fight for divorce there. Under California law, you must have resided in the county in which you intend to file for divorce for at least three months. If you have not lived in that county for three months, then you can file for legal separation. You can then follow that up with a divorce filing, once you have actually met the domicile requirements.

For help filing for legal separation, and understanding how this will affect child custody, alimony, division of assets and other aspects related to a divorce if you choose to file for divorce later, speak to a Los Angeles family lawyer.

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What Happens to an Inheritance During a Divorce?

Thursday, May 21, 2015

In California, the division of property during the divorce is based on the community property / separate property principle. If you are claiming that certain assets like inheritances are separate property and not marital property, then you have to provide proof that it is separate property.

If you have received an inheritance, that is typically considered your own separate property. However, that can also depend on how you have handled the inheritance after you received it. There is a burden of proof on you to prove that the inheritance is separate property, and is not subject to community property laws.

Many couples make the mistake of not bothering to keep their inheritance as separate property, and mingle it with their marital assets. That creates confusion, and could even mean that your inherited property could be considered as a marital asset, and could be subjected to the 50/50 division principle that is in effect in California.

For example, if you use your inheritance to buy a significant asset soon after you received the inheritance, you might still be able to prove that the asset is your separate property, even if the inheritance funds were deposited into a joint bank account. However, the longer you wait, the more difficult it will be to prove that the purchase was from your inheritance, and not from a marital asset.

If you have made the mistake of not bothering to keep your inherited property separate, and there is now confusion now about whether it is separate property or marital property, it doesn't mean that all is lost. Get legal help from an experienced Los Angeles divorce attorney immediately to protect your rights. You may be to walk out of the marriage with your inheritance considered 100% separate property, and not eligible for division.

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Special Issues That Affect Seniors in a Divorce

Thursday, May 07, 2015

A divorce can be a complicated situation, even when it involves younger persons, who have many income-earning years ahead of them. However, in the case of seniors who may not have the same income-earning opportunities younger people have after a divorce, the situation becomes even more complex. In fact, divorce can be a financial catastrophe for a senior unless he/she gets expert legal help.

There are several issues that can complicate a gray divorce, not least of which is the division of assets. You may want to consider retaining the house. As you get older, you may become eligible for certain real estate property tax exemptions, or even a reverse mortgage. That can provide you with a stream of income in the future.

Additionally, owning a house gives you a potential for rental income. These are issues that you need to consider, because the income-earning potential is dramatically lower at your age.

Also critical is the division of retirement assets. A separate order called the Qualified Domestic Relations Order is necessary to complete the division of retirement benefits.

Besides, there are specific health challenges that seniors can face with all the stress that is brought on by divorce. You may also be much more inclined to share challenges involving the divorce with your soon-to-be ex-spouse. This is a critical mistake, and usually happens because seniors may not realize that it is important to focus on their own interests in a divorce. It's important to be practical and focus on the fact that you have more years behind you than ahead of you, and it's important to plan very carefully for those years.

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For Many Women, Divorce Can End Long-Term Unhappiness

Friday, April 17, 2015

Women who are stuck in a bad marriage, but have avoided filing for divorce, may want to take note of the results of a study. The study finds that women, who are in poor-quality marriages and get divorced, report much higher levels of happiness after the divorce, in comparison with those women in similar marriages, who did not make the decision to divorce.

The study found that women who reported being stuck in a poor marriage, reported greater levels of satisfaction and overall happiness with their lives in the years following the divorce. In comparison, the satisfaction levels of women who continued to remain in comparable marriages, stayed low.

Interestingly enough, men were not affected by the same factors. For instance, men did not seem to suffer any kind of change in their satisfaction or happiness levels, regardless whether they were married or divorced. The researchers believe that this could possibly be due to the differences in the manner in which men and women define marriage, as well as the manner in which they view their role in the marriage. Women are much more likely to define by themselves by their marriage, compared to men.

However, the most interesting finding from the study was that when women were stuck in bad marriages, divorce actually opened the doors to more opportunities, greater satisfaction and higher levels of fulfillment. Women may feel anxious about taking that step towards divorce, and many women avoid divorce because they believe that it will only worsen their situation. As the study’s findings indicate, divorce seems to provide a very clear and definite relief to women in a bad marriage.

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