What Happens if Your Spouse Files for Divorce on Military Deployment?
What Happens if Your Spouse Files for Divorce on Military Deployment?
If you or your spouse files for divorce while either of you is deployed, you should talk to an experienced family law attorney. Waiting to hire an attorney can be detrimental to your case. Residency Requirements and Other Restrictive Rules You have the choice of filing: in the state where you live, in the state where the military spouse is stationed (if he or she is in the U.S.), or…
Read More4 Reasons Why the Holidays Can Lead to Divorce
Couples that file for divorce after the holidays tend to have issues long before the holiday season begins, but tensions often increase during this time of year. More often than not, struggling couples file for divorce immediately following the New Year. In fact, so many couples file for divorce in the first months of the year that January, February, and March have become known collectively as the “Season of Divorce”.…
Read MoreWhat Happens to Your Custody Rights if Child Protective Services Takes Your Child?
If your child has been removed from your home by law enforcement officers or Child Protective Services (CPS) workers employed by the California Department of Social Services (CDSS), your custody rights are in jeopardy. Whether you can regain custody of your child depends on whether you abused or neglected your child and how you intend to remediate the situation. The 3 Reasons Why Your Child Can Be Taken From You…
Read MoreHow to Establish Paternity After Child Birth
If you want to establish paternal rights to your child and you are not married to the mother when the baby is born, you will have to establish that you are the parent of the child. In California, this can be achieved by signing a voluntary declaration of paternity at the hospital when the child is born. Paternity gives the father legal standing. Paternity must be established before the court…
Read MoreWhat Happens To Your Children After You Are Arrested?
If you are arrested and your child is present, the arresting officer may choose to take your child into temporary custody. The officer will then choose whether to call the other parent or the local branch of the California Department of Children and Family Services (DCFS). If the officer determines that the other parent is not a danger to the child, the other parent will be able to take your…
Read MoreThings to Consider Before Relocating Your Child After Divorce
If you are considering moving away with your children after a divorce, you will be required to show the court why you believe you should be allowed to move. The main question courts consider in all cases that involve children is, “What is in the best interest of the child?” In order to succeed with relocation, you must show that the relocation is in the best interest of your child.…
Read MoreHow to Throw Out a Prenuptial Agreement in a Divorce Case
Today, more and more couples are turning to prenuptial agreements as a way to protect their assets in a more fiscally aware times. A prenuptial agreement, also called a “premarital” or “antenuptial” agreement, is a contract made before marriage that discloses each party’s assets and debts and specifies that these stated assets will remain each party’s own separate property after marriage or upon death. However, there may be times when a prenuptial agreement…
Read MoreHow Can I Get Child Support when the Paying Parent Lives in a Different State? (Family Code Section 3900)
Child support is the most important thing to consider when parents are not together. The amount of child support often leads to arguments and animosity. In California, the parents of a minor child have an equal responsibility to support their child. Therefore, even though the paying parent does not live in California, that parent still has an obligation to support the minor child. Do I Have to Pay Child Support…
Read MoreCan I Get a Child Custody and Visitation Order While My Divorce is Pending? (Family Code Sections 3400)
The divorce process can take months, sometimes even years, to get finalized. However, this does not mean that your whole life will be on hold. If you have children, you will need to know what is within your rights and work out a plan for their well-being. During this process, you may need the court to make specific orders regarding child custody and visitation rights. If you are currently going…
Read MoreCan I Modify Child Custody or Visitation Without Going to Court?
Sometimes people want to change or modify their child custody and visitation but they do not want to go to court. They may not have the money to pay a lawyer to go to court for them. Can this dilemma be resolved? Yes. You can try to modify your child custody and visitation arrangement without going to court. In order to do this, you will need to come to an…
Read More