Blog Posts in February, 2014

Robin Thicke Separation

Together for Years Thicke and Patton met and began dating as teenagers and were married in 2005. The couple have a son together – Julian Fuego who turns 4 in April. “We will always love each other and be best friends, however, we have mutually decided to separate at this time,” the couple said in a joint statement. Last year they dismissed rumors that their marriage was on the rocks. “I don’t know ...

Seeking Guardianship

If you are not the biological parent of the child you are caring for you might want to consider seeking guardianship. Guardianship will give you custody of the child and/ or also the power to manage the child’s estate. Two types of guardianships exist: Guardianship of the Person and Guardianships of the Estate. Guardianship of the Person A Guardianship of the Person is like a hybrid of physical ...

The Differences Between Annulment and Divorce

Marriage can be legally ended by either a divorce or an annulment. In a divorce, also known as “dissolution of marriage,” the court is asked to end a marriage that is legally valid. An annulment cancels a marriage completely and can only be granted when the marriage is deemed to be either illegal or invalid. Either spouse can initiate the annulment, but the party that initiates has to must prove ...

Defining Annulment and Divorce

Marriage can be legally ended by either a divorce or an annulment. Divorce – also known as “dissolution of marriage.” The court is asked to end a marriage that is legally valid. Annulment – cancels a marriage completely and can only be granted when the marriage is deemed to be either illegal or invalid after the grounds for annulment are proven. Either spouse can initiate an annulment, but the ...

Postnuptial Agreements in California

While postnuptial agreements are valid in California, there are a few things you should be aware of to ensure that the agreement you and your spouse come to will be effective. 5 Things to Be Aware Of: 1. You Have a Fiduciary Duty to Your Spouse – you must always act in your spouse’s highest and best interests. Your postnup agreement must reflect this, or else it might be overturned later. ...

Making Yourself Knowledgeable About Child Custody

When stuck with resolving child custody cases, it can be helpful if a parent is able to demonstrate and show a record of the interactions between the other parent, the children, and themselves. When to Begin Documentation Here are some times you will want to document if you know you are going to be involved in a child custody case: The other parent is inconsistent in following the pre-arranged ...

Alimony Determination

Permanent spousal support, also known as alimony, is when a payment is made by the spouse with better financial standing or the ability to support the spouse in a lesser financial standing for a period of time. California law dictates that spousal support be determined by a court after careful review of numerous factors. Common factors include: the length of the marriage, the incomes and ages of ...

Determining Spousal Support

Permanent spousal support is determined by a court after careful consideration of various factors. The formula that is used to determine support is the same in every California court, but you will want to work with a family law attorney to help you negotiate certain items with your spouse to ensure you receive the proper support. Court Must Consider Controlling Statute A court must consider a ...

Joint Custody In Depth

Parents not living together have joint or shared custody when they share the decision-making responsibilities for, and/or physical control and custody of, their children. Joint custody can be awarded if the parents are divorced, separated, or no longer cohabiting, or even if they never lived together. Forms of Joint Custody Joint custody can be in many forms: 1. joint legal custody 2. joint ...

Various Types of Child Custody

Outlined below you will find the differences between various forms of child custody including; legal custody, physical custody, sole custody, and joint custody. Physical Custody Physical custody is when a parent has the legal right to have a child live with him or her.Generally the parent with whom the child lives with primarily has sole physical custody, and the other parent has visitation ...

Defining Legal Separation

Legal separation is an alternative option to divorce that allows couples to find some closure without having to completely end the marriage. Sometimes legal separation is decided upon because of religious reasons or for other practical purposes, such as remaining on one spouse’s health care plan. If considering legal separation for health insurance purposes, you should double check that a legal ...

Terrell Owens Facing Divorce After Only Two Weeks

Terrell Owens’ wife of just two weeks, Rachel Snider has filed for divorce. Snider is alleging that the former NFL star was just in it for the money, and that he used her to obtain a loan for their $2 million home in California. “I felt in love … and now I feel betrayed and heartbroken,” Snider said. Recently starring in a commercial for fast food restaurant, Carl’s Jr., Owens has reportedly been ...

What You Need to Know About Prenups

While the term “gold digger” might be the first thing to come to mind when you hear “prenup,” there’s more to prenuptial agreements that you need to understand and take into consideration before determining if it’s the right thing for you and your spouse to-be. A prenuptial agreement is an agreed upon contract drawn up between you and your fiancé that outlines terms relating to issues such as the ...

How to avoid costly problems during divorce

Y6C6Y3VGR2CH People contemplating divorce are likely troubled by the prospect of how much it will cost, both in monetary terms and emotional trials. Indeed, the break-up of a marriage can be very tough, and in the heat of emotional toils, costly mistakes can be made. After all, some decisions can have far-reaching implications that can affect how your post-divorce life will be like for years to ...

Is parental alienation real or imagined?

The question about the legitimacy of parental alienation has been a issue for custody evaluators and California family court judge for quite some time. Almost an urban legend, parental alienation syndrome (PAS) has been claimed by many frustrated parents (particularly non-custodial parents), but it has never been legitimized as an actual personality disorder. Despite the skepticism from the ...