Children 14 Years Or Older Can Testify Custody And Visitation Preferences
Children 14 Years Or Older Can Testify Custody And Visitation Preferences
Effective January 1, 2011, California law requires divorce courts to allow a 14-year-old child or older to testify as to custody and visitation preferences, unless the court believes that the child’s in-court testimony would not be in the child’s best interests. California Family Code 3042(C) Previously, the family law court had discretion to allow a child to testify, but only as to custody preferences. Now, once a child is over…
Read MoreHow Do I Find Out My Spouse’s Income?
When you’re going through a divorce or child custody dispute in California, it is often important to know your spouse’s (or ex-spouse’s) income. For many people, this is not a problem because they are able to obtain the spouse’s pay stubs or W-2. When your spouse is paid under the table or in cash, it can be more difficult to find out how much your spouse truly makes every month.…
Read MoreWhat is Contempt of Court in a Family Law Case?
Any family law case can be difficult to deal with, especially when one party refuses to comply with court orders like the family involved in this news clip. If you or someone you know is in a similar situation, a family law attorney can file for a contempt of court hearing to ensure that the court reinforces the order.[1] What does it mean to be held in “Contempt of Court?”…
Read MoreHow Can Domestic Violence Affect Spousal Support?
The difficulties of getting a divorce seem endless. Not only do parties of a divorce have to deal with the emotional trauma of the procedure, they also have to go through an intense legal process to finalize the divorce. California is a no-fault divorce jurisdiction, which means that fault may not be taken into account when determining the outcomes of a divorce – including distribution of marital property and spousal…
Read MoreHow To Change The Venue Of Your Family Law Case (Family Law Code 7845)
One of the most stressful things that a person can go through is a lawsuit. What makes the process even more painful is dealing with a lawsuit surrounding a family law issue. Whether you are going through a divorce, child custody or child support battle, it is important to know how you can change the location of the court in which your case is heard. A “venue,” in legal terms,…
Read MoreHow to Request a Default Judgment in Your Divorce Case
When you file a lawsuit in any civil court case the opposing party must respond to your demands. A divorce is no different. If you file a petition for dissolution of marriage (also known as divorce) your spouse has 30 days from the date of which he/she has been served divorce papers in order to file a response.1 The same is true for paternity cases. When the parents of a…
Read MoreCalifornia Family Law Protections for Members of the Military
Dealing with family issues in a courtroom can be extremely stressful. Imagine having to deal with those issues while also dealing with the stresses of being a deployed military member. In light of the difficulties associated with dealing with family related legal matters, the California legislature has certain protections in place for military members. These protections offer military members different ways to resolve their family legal issues considering the various…
Read More8 Smartphone Apps that May Help With You Get Through Your Divorce
Divorce can be the most challenging time of your life. If you are going through a divorce, you may be dealing with many difficulties relating to the causes of the divorce or the effects of your divorce proceedings. If you are divorcing your partner with which you have children, you may have a difficult time arranging schedules for child custody or visitation. Like many people today, you likely use smart…
Read MoreCan Cheating Affect My Divorce in California?
Infidelity can be detrimental to any relationship, especially in marriage. Unfortunately, it happens all too often. According to the American Association for Marriage and Family Therapy (AAMFT), infidelity has been reported in approximately 40 percent of marriages. Although it is clear that adultery can significantly impact your marriage, there may be some confusion about whether it can influence the outcome of your divorce. If extramarital affairs were a major cause of…
Read More“Modern Family” Act Brings Changes to the Rights of Gay Parents
As our society transforms, our laws often change with it. In recent years, there has been a movement to legalize gay marriage. The movement has prompted change in laws governing marriage all over the country, specifically in California. Lawmakers have increasingly been considering these changes and how the changes will affect families. Some proposed and newly passed legislation deals specifically with how the family unit is now less likely to…
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