The Next Chapter Blog
Property division is one of the most crucial aspects related to divorce or legal separation settlements. California community property law states that all the property and debts acquired by the couple during marriage should be divided equally between the two in the event of a legal separation or divorce. Many times, the couple reaches a mutual agreement regarding the property and debt division, whereas in some cases, the couple needs to take the help of a court of law (more...)
For cases involving a lot of friction between the separating parties regarding the custody settlement of their children, child custody mediation is the most effective approach to deal with the issues. With the help of an outside third party, the divorced parents can peacefully resolve their disagreements and reach a final mutually acceptable solution. Also, if the parents have worked out a mutual agreement, the professional mediator can assist them in devising a parenting plan which can be converted (more...)
Marriage annulment is a fairly misunderstood concept owing to the inaccurate projection of its legality by the popular religion and culture. Both annulment and divorce can be considered somewhat similar in their basic underlying principle of determining the status of wedlock. However, the major distinguishing factor that separates an annulment from a divorce is the implication of the marital status post a verdict in the court of law in the two cases.
What is the difference between a divorce (more...)
California child custody laws allow for both joint and sole physical and legal custody of the child. Both parents can seek these types of custody of their child. The family law judge hearing a child custody case cannot give preference to a parent depending on the gender of the parent or the child. Giving arbitrary sole custody is also not allowed. All decisions need to be based on the law and other related facts.
Joint physical custody
It means (more...)
There are a number of issues that may crop up in child custody and visitation cases not only in California but also other places. Awareness of such issues or how to deal with them will make it a lot easier for any parent to tackle these problems that are bound to come up when a child custody case is being heard by the family law court.
The various issues that can come up range from the child’s (more...)
Section 4053 of the California Family Code lays down the intent and purpose of laws related to child support. These laws have evolved over the years to suit the needs of the time. Section 4053 of the Family Code has enabled fast resolving of child support cases and has also determined the calculation of support payments.
Scope of the law
The child support laws have been framed keeping in mind the best interests of the child involved in a (more...)
Uncontested divorces are quicker to settle and do not come with the stress and cost associated with a contested divorce. Uncontested divorces are ideal for spouses who do not have bitter battles to fight and settle in the court, are worried about the costs involved, and do not want to drag the procedure of divorce. The children, too, do not get affected as a result.
The State of California encourages such instances and helps to reach decisions on matters (more...)
Self employed fathers, more often than not, have to face difficulties in obtaining child custody and visitation rights. It is the same in California also. Unlike salaried fathers, self employed fathers do not have regular hours of work. The courts always prefer that the child gets to spend quality time with a parent.
California courts lay emphasis on the father’s status quo (the current situation or state of things) when dealing with a case of child custody. (more...)
With millions of American couples filing for a legal separation or divorce every year, the number of children losing their happy families has been on a constant rise in the recent times. It is a no-brainer, that it is the children who are most intensely affected by divorce. And if the children involved have special needs, the trauma and stress of a divorce can reach unprecedented levels. In such cases, the court of law has to make extremely complex (more...)
Similar to the rest of your property and assets, your retirement plan requires proper division post a legal separation or divorce. Although you are entitled to reaping the benefits of your retirement plan only when you actually retire from your job, the division of the balance in the plan may be divided between you and your spouse in case of a divorce long before your retirement. The state laws of California have adequate provisions for dealing with the splitting (more...)