If I Get A Divorce, Will I Have To Pay Alimony
If I Get A Divorce, Will I Have To Pay Alimony
Divorce is one of the most difficult processes a person can go through. Often a divorce proceeding is contentious and challenging. Parties involved may use the court proceedings as an avenue to vent their frustration and disappointment with the fact that they are involved in a divorce. Typically the issues that arise in a divorce proceeding deal with issues of finances and custody of any children that are minors. The…
Read MoreHow Your Facebook Page is Connected to Family Court
Social networking sites these days have become quite popular and have seen a surge of people signing on to sites like Facebook, Twitter, LinkedIn, and MySpace. While these sites are a great way to stay in touch with friends and family, they have also become a useful tool for divorce attorneys. Social networking sites have overlapped into the area of divorce by these sites as evidence against the other spouse.…
Read MoreHow can a parent lose custody of a child in a divorce?
Many factors come into play when the courts decide the issue of child custody cases in court. Some of the more common reasons a parent loses custody of a child include child abuse, substance abuse by a parent of either alcohol or drugs, mental and emotional abuse by a parent. Even the arrest and incarceration of a parent could be a factor in the court deciding against a parent’s request…
Read MoreHow do I remove my name from the Child Abuse Central Index (CACI) list?
The Child Abuse and Neglect Reporting Act, Penal Code section 11164 et seq. (CANRA) authorizes persons to report suspected child abuse or neglect to certain public agencies, including a county welfare department. Anyone reported is required to register with the CACI. However, an experienced family law attorney can help you get your name removed from the CACI. The CANRA creates three levels of reports: unfounded, substantiated, and inconclusive. An “unfounded…
Read MoreI am getting divorced. Can I sell the house?
“I am getting divorced and I want to sell the house, the cars, etc. Can I do this”? The quick answer to this question is no! Assuming that the house, cars, etc., were acquired during the marriage, these assets may not be sold by either spouse going through a divorce without written consent, stipulation, or further court order. This question comes up many times in highly contested, bitter divorces but…
Read MoreWho Is Allowed to Marry Me?
“My neighbor is a minister. Can he preside over my marriage even if I do not belong to his church and will not be getting married at this church?” The answer to this question is yes. We actually, recently received a call from a lady who wanted to know the answer to this very question and it triggered a discussion on who can preside over marriages. The answer to this…
Read MoreWhat are some types of joint child custody schedules?
In a child custody case, joint custody is usually the preferred method of sharing child custody. San Bernardino family courts, as well as most Southern California courts, will always have the "best interest interest of the child" in mind when determining child custody. Studies have shown that joint custody is better for a child's mental and physical health. However, working out a child custody arrangement isn't as simple as agreeing…
Read MoreWhat is community property?
Community Property is a 50-50 division of marital assets and debts. Many times, a home or community residence is involved in the divorce. The court has to look at the fair market value of the community residence when looking at division of property as the parties are both entitled to half of it's market value if any. An appraisal is usually done to determine the market value of the community…
Read MoreA Modification Of A Support Order May Work To Prevent A Violation Of A Court Order
Support orders, whether agreed to by the parties or determined by a court, are largely based upon the parties financial state at the time the order is made. As expected, the financial state of the parties involved is likely to change over time. Individuals often find themselves in trouble with the court for failing to pay their court ordered spousal or child support. In difficult economic times, a person’s financial…
Read MoreWhat Purposes Does Mediation Play In A Child Custody Case?
Mediation is the process of negotiation between two or more parties conducted by a neutral impartial party. Mediation is used in a variety a circumstances. One of the most often uses of mediation is for family law. In California, whenever parties seek to establish or modify child custody issues, the parties will be required to attend mediation. The mediator will assist the parties in reaching an agreement regarding custody, visitation…
Read More