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Family Law

California Divorce and Family Law

Insights in the world of divorce and family law matters in California

Post Frequency: 13.9/day

Last Entry: March 11, 2009 at 13:30:23

Are Two Homes Better than One? - The True Cost of Divorce

Posted on April 02, 2007
Let?s face it, divorce is expensive. Attorney bills can run in the tens, if not hundred of thousands of dollars. And even if you settle out of court, there?s still the dividing up of assets and possessions that leaves you with somewhere near half of what you started with initially...

Terrible PreNup

Posted on March 28, 2007
Q: My husband and I are residents of Nevada and have been married for 18 years.I signed a prenuptial agreement two days prior to marriage stating that I am not to own property during our marriage unless agreed to by my husband. One year after our marriage, I was added to the deed of a Nevada home he purchased just after we were married...

Abused Woman Denied Divorce on Grounds That Koran Allows Men to Beat Their Wives

Posted on March 27, 2007
A female judge in Germany cited the Koran in her refusal to allow a Muslim woman permission to file for an immediate divorce over abuse by her husband, saying that the Koran allows a man to beat his wife. The woman in question said her husband not only beat her but also threatened to kill her...

What to say when love goes wrong: Stay united telling the kids, but restrict news to others

Posted on March 26, 2007
Once upon a time, you mailed poetic words printed on pearly paper to friends and family, inviting them to share the joy on your wedding day. But sometimes what begins as marriage ends in divorce. Sharing that news? Just what is divorce announcement protocol? Write a personal letter? Call people? Send e-mails? Preprinted announcements with a lighthearted twist? Aside from telling your spouse before you tell your neighbor (yes, it happens), if you're the initiator, and putting your children's needs first, few hard and fast rules apply...

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Case Law Development: Preference for De-Facto Parent Applies in Adoption Case rather than Placement with Relatives

Posted on March 23, 2007
The California Court of Appeals weighed the application of preferences for relatives versus caregivers in child protection cases in deciding whether a 10-year-old girl should be removed from the home of her de-facto parent and placed with her maternal aunt in Oregon...

Divorce savages savings

Posted on March 21, 2007
QUESTION: I am 46 years old and a successful high school teacher. My wife makes more money at her job as an executive. After about nine months of battling, my wife and I have chosen to divorce after 14 years of marriage. We haven?t actually filed the paperwork, but we are in the process of doing it...

How to make a difference for a child of divorce even as a bystander

Posted on March 20, 2007
Divorce these days surrounds us. Children everywhere are affected. It affects our grandkids, our nieces and nephews, our neighbors, our students or patients, and many other kids that touch our daily lives. Sometimes on the outside it's hard to know what to do...

What people think of prenups

Posted on March 19, 2007
A 2002 Harris Poll demonstrates the polarized opinions on drafting a prenuptial agreement: ? More than one-fourth of respondents (28%) think that a prenup makes smart financial sense for anyone getting married. ? One-fourth think they are for the rich and famous, not regular people...

Women Increasingly Paying Alimony

Posted on March 15, 2007
The picture of equality looks awfully strange to Kim Shamsky. The 47-year-old business owner pays her ex, a 65-year-old retired Major League Baseball player, thousands per month in temporary spousal support. He's not seeking alimony to help pay for the kids' birthday parties, since they don't have children...

Graying divorce has many 'whys'

Posted on March 14, 2007
In the past few weeks there's been a spate of news reports and TV sound bites about an increase in divorce among older Americans. Frequently they include the story of a couple in their 90s seeking a divorce. When asked "Why now?" they explained they were waiting for the children to die...

Alternatives spare costs, conflicts of divorce

Posted on March 13, 2007
Want a divorce? Fine, but stay out of court. That's the message from former Judge Roderic Duncan, who spent a decade deciding which spouse would receive custody, support and assets in the crowded family law courts of Oakland. "Going to court isn't efficient...

German man chainsaws house in two in divorce split

Posted on March 12, 2007
A 43-year-old German decided to settle his imminent divorce by chainsawing a family home in two and making off with his half in a forklift truck. Police in the eastern town of Sonneberg said the trained mason measured the single-storey summer house - which was some 8 meters long and 6 meters wide - before chainsawing through the wooden roof and walls...

Law Firms Pitch Themselves As the Divorced Guy's Guys

Posted on March 09, 2007
One recent winter evening, 35 mostly middle-aged and graying men gathered in a plush carpeted hotel conference room here. They listened intently, some taking notes, as a lawyer ticked off advice for handling a divorce: Have a friend videotape you with the kids to prove you play with them...

Tips For A Smarter Divorce

Posted on March 07, 2007
The best advice about divorce would be to prevent it if possible; nearly half of all marriages end that way--sort of. In reality, from a cumulative point of view, less than 41% of all the marriages end by divorce. The 50% figure stems from the annual divorce rate and is misleading because the people divorcing each year are not, for the most part, the same ones who are marrying...

The Secret to Divorce-Proof Finances

Posted on March 06, 2007
Do you trust your significant other with the family checkbook? Half of those in a committed relationship answered "yes" to that loaded question -- posed in a Harris Interactive survey sponsored by Redbook and Lawyers.com -- and back up their conviction by commingling all of their bank accounts with their better halves...

Tax tip | Divorce can impact taxes

Posted on March 05, 2007
This year, the deadline is April 17 for federal and state returns. If you were recently divorced and are paying or receiving alimony under a divorce decree or agreement, you need to consider the tax implication for your 2006 federal income tax return...

After divorce: moving onward and upward

Posted on February 28, 2007
The fallout from divorce comes in many forms: emotional, practical, familial, all of them potentially devastating. But when it comes to your financial future, you can move on positively toward security and success. After you've extricated yourself from any loans, bank accounts and credit cards you may have shared with your ex, you can turn your attention to building up your assets and financial security...

Jewish women look to courts to obtain traditional divorce decree

Posted on February 27, 2007
Freedom will come soon, in the form of a handwritten paper with 12 lines of Hebrew and Aramaic. Even though Karen Gruber-Colp's 2003 marriage ended a year ago, her ex-husband has failed to give her a "get," a Jewish divorce document that permits her to remarry...

New to Marriage: the Postnup

Posted on February 26, 2007
Some Already Wed Couples Agree to Disagree It may not be romantic, but a number of couples are using postnuptial agreements to avoid future fights over finances. The postnup, which is neither as popular nor as tested in the courts as its big sister, the prenup, is an agreement signed during marriage...

Emotional toll of divorce costs companies dearly

Posted on February 23, 2007
When John Casey?s wife filed for divorce a year and a half ago, he immediately worried about how he?d stay on top of his high-stakes career. Casey, then the managing director of a public relations company, added a heavy dose of litigation, custody battles and financial maneuvering to an already hectic schedule...

Raising the Bar: Parenting through Divorce

Posted on February 21, 2007
Your family?s physical environment will go through a transformation via divorce and so won?t your family?s emotional state. Many children of divorce will test these new emotional boundaries in many ways because of feelings of confusion and the need for control...

Be my ex-Valentine--Quote by Me

Posted on February 20, 2007
Some may feel a post-holiday letdown -- a feeling that their spouse just didn't show their appreciation like the couples in television commercials. The chocolate is eaten. The candles have burned out. The lingerie is back in the drawer. For some people, Valentine's Day was romantically satisfying, living up to every commercially driven expectation...

Divorce court: Proving Cupid is stupid

Posted on February 16, 2007
Most people get flowers or candy for Valentine's Day. Henry Lee got a divorce. He said it's the best present he could've hoped for. "I'm just trying to get it over with," Lee, 34, said Tuesday while waiting to finalize proceedings in Chicago. "Once it gets to the point of getting divorced, nothing matters...

Roses, Candy and Taxes: Tax Effects of Marriage, Divorce Life Changes Can Have Major Tax and Financial Implications

Posted on February 15, 2007
Whether you?re tying the knot or severing the tie, Valentine?s Day is a natural time to examine the tax implications of marriage and divorce. H&R Block offers these tax tips if you?re considering one of these life changes. More than just wedding gifts and thank you notes, marriage also means planning for a joint financial future, including how the couple?s tax situation has changed: Marriage means choices...

When A Prenup Isn't An Option

Posted on February 14, 2007
Some people will go to extremes to stick it to their exes. Take H. Beatty Chadwick, a corporate lawyer in Pennsylvania. Eleven years ago, during his divorce hearings, Chadwick was instructed to turn over $2.5 million he had stowed away in overseas accounts...

Catholic law on divorce

Posted on February 13, 2007
Q. After 18 years of Catholic education, I felt pretty solid in my faith, but now I'm confused. When my husband turned out to be abusive, the priests I consulted told me to try harder, that I didn't "love him enough." Finally, after I'd seen several counselors and endured 15 years of increasing desperation, a priest advised me to divorce this man...

Give Your Heart but Mind Your Money

Posted on February 12, 2007
Thinking about popping the question on Valentine's Day? You might want to pop the prenup shortly thereafter. Prenuptial agreements no longer are limited to the very wealthy, says Cheryl Lynn Hepfer, a past president of the American Academy of Matrimonial Lawyers...

Parental alienation: The latest weapon in nasty divorces

Posted on February 09, 2007
"Welcome to the swamp." That's what a judge once told a client of Anchorage divorce attorney Steve Pradell when accusations of parental alienation were leveled against the client in a custody hearing. Parental alienation syndrome - a controversial diagnosis to describe a child who compulsively denigrates one parent in response to consistent brainwashing by the other parent - has become a common weapon in custody cases...

Should I move out of the house?

Posted on February 08, 2007
A question considered by most people contemplating divorce is whether they should move out of the marital home prior to or upon filing for divorce. Generally speaking, if child custody, parenting time, or possession of the home might be an issue in your divorce, I advise against moving out...

How a Couple Fights is a Strong Predictor of Divorce

Posted on February 07, 2007
While all couples may have conflict in their relationship, a Baylor University researcher has found it is not if a couple fights and argues, but how they communicate during their conflict that can determine whether a couple will stay together for the long haul...

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