July 2015 Archives | Orange County Family Law Blog
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July 2015 Archives

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Supreme Court defines legal separation for divorcing couples

What does it really mean for a married couple to be separated? For some, this means that they no longer live together and lead completely separate lives. For others, it means simply declaring an end to the marriage, but continuing to live with their spouse until the divorce is finalized. With people being confused about what it means to be separated, the confusion has finally been cleared up.

What happens when the custodial parent wants to move away?

The issue of child custody is already sensitive, but when one parent wants to move away it may create even more stress and tension for the parents and the child. People often move when they accept a new job in another state or they want to be near their family. The problem may not be that they want to move away, but that you want to take the child with them. In some cases, this decision is not OK with the noncustodial.

An attorney can help you settle your family law issues

When parents find themselves disagreeing on various family law issues, they often end up in court expressing their concerns to a judge. Whether they are fighting for custody of their children or feuding about property division, these types of disputes can cause people a lot of stress. While there may not be an easy way to deal with these situations, there is a smart way to deal with them.

How do courts calculate child support?

Child custody battles can sometimes be long and drawn out, especially if both parents want to be awarded full custody of their child. Even after courts make a decision about child custody, the battle may not be over. When a parent is awarded custody, it is common for the courts to also require that one parent pay child support. Just as there were factors examined to determine which parent will receive child custody, there are factors that need to be examined in order for courts to calculate how much to award in child support.

Hollywood divorce teaches people about prenuptial agreements

Prenuptial agreements are a great way for people to protect their property and assets in case a divorce occurs later down the line. Anyone is able to obtain a premarital agreement, but it is often the wealthy who have one because they have so much to lose. With the wealthy more likely to obtain a prenuptial agreement, it should come as no surprise that there is a long list of Hollywood celebrities who have chosen to protect themselves. Even though there are many celebs who have prenups, there are others who may not. Like many legal matters, there is a lot that can be learned from celebrity divorces when they play out in public.

Getting help from a divorce attorney following mediation

It is not uncommon for a couple that is divorcing to experience issues during the separation process. Some may be able to divorce and agree upon things without a huge dispute, while other couples may run into a few bumps that can prolong the divorce being granted. Any dispute during the divorce process can cause a delay, so if couples cannot agree, they have a few options before things head to court.

Common issues parenting agreements may address

When two parents cannot agree on child custody, it often creates a bigger issue because the courts may have to step in and make the decision for them. When this happens, one or both parents may not get what they wanted and may feel the court was unfair in awarding custody to the other parent. The good thing is, this is not how every child custody dispute has to end. Before a dispute reaches the courtroom, parents could attend mediation and create a parenting agreement that resolves this issue. Depending on how things go, everyone could leave happier than they may have been if the decision had been left up to the courts.

Mother's custody affected by fiancé's medical condition

When two parents find themselves battling for custody of their children, courts often make a decision that they feel is in the best interest of the children. Oftentimes, one parent may feel as though the custody agreement is not fair, but it is important that they look at why the court made the decision they did. In some cases, it may not have to do with the parent directly, but the people around them.

What are common items included in prenuptial agreements?

It is common for couples who are entering a marriage to choose to get a prenuptial agreement. Not only may they find that it is necessary to protect themselves in the event of a divorce, they may find it necessary due to the laws pertaining to the distribution of property and assets in their state. With this type of agreement protecting your property and assets, should a divorce occur, certain items that were acquired during marriage may not be at risk of being divided between you and your spouse.

What is virtual visitation and what are its benefits?

In child custody cases, it is not uncommon for one parent to be awarded visitation rights, while the other has full custody of the child. Traditionally, the parent who is awarded visitation rights meets with the child in person, but a new form of visitation has emerged that doesn't require these in-person meetings to occur. Virtual visitation, also known as electronic visitation or Internet visitation, has made it possible for parents to keep in touch with their child in situations where an in-person meeting isn't possible.