Custody cases in CA often center on one aspect: the well-being and safety of the child. This means that the family law courts will always make decisions that protect or preserve the well-being, happiness, and basic needs of the child.
This means that any signs of emotional abuse can and often will impact the outcome of a family law case. While the courts won’t take any claims at face value, this will spur an investigation and deeper prodding into the issue.
These days DIY is all the rage. With so much information at our fingertips it can be tempting to try and strike out on your own, whether you’re trying to remodel the home, are looking to be a better cook at home, have old electronics to repair, and more. So why not divorce as well?
Family law in California is one area that does not lend itself to a DIY approach. For today’s blog post, we want to talk about the risks that come with representing yourself in court. The short version is: never proceed with any family law matter in California without first retaining the aid of a qualified divorce / family law attorney.
When someone inevitably broaches the topic of divorce, it can be surprising (but not uncommon) for the other person to flat out refuse or say no. In these cases, many people can be stumped. After all, what can you do when the other person simply shuts down the conversation?
It’s true, in CA you don’t need to get a “yes” from the spouse in order to get a divorce. However, having them on the same page as you can make a huge difference, especially when it comes to the more contentious parts of divorce such as custody disputes and division of assets. For today’s post, we’re discussing different approaches and strategies when the soon-to-be-ex says “nope” to divorce.
In some circumstances, it can be difficult for a parent to provide or care for their children. This can be due to financial reasons, health hardship, and other complications. In these cases, sometimes the best decision is for the parent to let someone else take the reins and care for the child, whether this is on a temporary or permanent basis.
Spousal support, in the most basic terms, is money that one person is ordered to pay their ex after a divorce, usually for a specified or set period of time. This payment is meant to ensure that both parties are able to have their basic needs met after the divorce, and can apply to domestic partnerships as well.
By the time you get to the formal divorce proceedings, communications are likely strained between you and the ex. However, the better you are able to communicate with one another, the better the outcome of your divorce. Of course, being on good speaking terms with the ex is a tall order, but you can still follow good habits that encourage effective communication without having to reconcile for good.
Living with someone you’re planning to get a divorce from is tough. Even before the pandemic, not everyone had the luxury of being able to move out from a shared home while navigating divorce. Although there is finally an end in sight with vaccinations being rolled out, months of sustained lockdown and widespread economic depression have further limited the mobility of people.
There isn’t really a single set of parameters that can predict whether a divorce is impending. Every relationship is unique and people interact differently with one another. In many cases, what may seem like a red flag in one relationship could simply be a minor hiccup in another.
Child support obligations are pretty clear cut on how long a parent needs to support a child - until the child reaches the age of majority. In California, this is either when the child turns 19 or when he/she graduates from high school.
Substance abuse is a reality for many Americans, and recent research has suggested that 1 in 8 children are exposed to or live around a relative who engages in regular substance abuse. Having drug use in the home places kids at a higher risk of anger/impulsivity issues, neglect, and more.
These days, the use of prenups is on the rise. Many people who are looking to protect their interests see the value in these agreements, and their taboo is quickly going away.
While prenups can be a great way to further establish trust via a formal safety net, there are cases where prenups are used as an unfair advantage. In cases where someone signed a prenup and feels he or she is being deprived of assets or otherwise placed in an unfair situation, the person has seven days to raise concerns and potentially seek for it to be invalidated.
As family law attorneys, we see firsthand the impact that divorce can have on a family. Divorce can be especially devastating to children, and it can be difficult to predict or expect what type of mental or physical toll this could have on your loved ones.
As most of us have learned, rumors and gossip can spread across offices like wildfire. In some cases where someone has high visibility in their career or where details about a pending divorce can impact career outcomes, this can be a problem. Even in cases where these rumors won’t directly affect career aspirations, many people are private by nature and no one enjoys being the subject of the latest office whispers.
As we move into the new year, we at the Law Offices of James P. White thought it would be interesting to focus on one key thing: the top mistakes we see people make while getting a divorce in CA. We often spend a lot of time talking about what to do when navigating different family law issues, but the “don'ts” can be just as, if not more important in helping guide your case to a favorable resolution.
The discussions on visitation rights usually center on parents, but other relatives such as grandparents can also petition for these rights in California. The family law courts have mechanisms in place to help ensure grandparents are able to spend time and interact with their grandchildren, even if both parents are able to provide and care for the children.
For those who serve in the military, the actual process of how to file for divorce can be complicated. There’s several hurdles to account for, including where exactly the divorce should be initiated from. If a servicemember is stationed in California, can he or she file for divorce in CA?
Divorce often puts financial strain on one or both parties involved, especially when child support is part of the financial agreement. On top of this, life circumstances may eventually change, leaving some parents in a difficult financial situation wondering how they will hold up their end of the agreement to make sure their child is taken care of.
Now that we are in the home stretch of 2020 and entering into the holiday season, it can be a stressful time of year, and especially stressful for divorced couples who share custody of their child(ren). Regular child custody schedules are something that must be solidified before a divorce is finalized, but holiday custody schedules are a different story.
Abuse in a marriage can come in many forms. It can range from physical to financial or sexual, and can include behaviors that impact the mental or emotional well-being of a person. It’s especially challenging for a person to stand up against a spouse or walk away from them and can take tremendous willpower.
Whether someone is currently enduring abuse from his/her spouse, or has walked away from the marriage and is looking to get a divorce, having evidence of this abuse is essential. Given its multifaceted nature, it can be worth gathering different types of evidence. For today’s discussion, we’re looking at ways one can document and gather evidence of abuse.
When a marriage is on shaky ground and divorce is on the table, it can feel like the end of the world especially when younger children are involved. While all children go through unique challenges when parents divorce, infants have additional needs and considerations that parents should take into account when splitting up.
Now that almost everything has gone virtual due to the pandemic, court cases are no exception.
Technology does allow for a greater sense of safety for those who are concerned about exposure to Covid-19 within a courtroom, but there is still a certain level of etiquette that needs to be followed as though the case is taking place in a traditional setting.
When you’re looking to get divorced in CA, the court assigns a “date of separation,” which is a formal date where your or your partner’s intent to end the marriage is established. To put it simply, this is the “break up” date for all legal intents and purposes.
These are difficult times we’re living in, and with the election coming up, political tensions are flaring to new levels. There’s already plenty that feuding or separated parents have to fight about, and these days you can include political ideologies to that list.
Social media use continues to skyrocket, and currently over 70 percent of all U. S. adults have one or more social media accounts. This has actually been changing the way people proceed in their divorce proceedings, and for one key reason: both parties are now looking for ways to leverage social media against one another.