You would have a hard time finding a single divorce lawyer in the United States who did not hear about cheating spouses leaving digital evidence on a daily basis. After all, with today’s smartphone technology, we’re virtually attached to our phones. Few people leave their phones in their cars on purpose – many people won’t walk from one room to another without their phone by their side! It’s our ...
A marriage unravelling can be highly emotional, especially if infidelity is involved. Without a firm grasp of California’s divorce laws, an innocent spouse who’s been cheated on often thinks that a cheating husband or wife won’t be entitled to alimony, which is called “ spousal support ” in California. Sure, this might be true if the couple lived in say, Texas, but this is not the case in ...
The California Courts define domestic violence as “abuse or threats of abuse when the person being abused and the abuser are or have been in an intimate relationship.” By an intimate relationship, the court means people who are married, domestic partners, dating or dated in the past, closely related through blood or marriage, have a child together, or who live together presently or who have in the ...
After a couple divorces , it’s not uncommon for circumstances to change...sometimes things change a lot. One issue that frequently arises after a divorce is the notion of moving away to another city, another county, or another state. People move all the time and there’s no reason why a divorced parent might not want to move as well. Often, a divorced spouse wants to move because they are ...
If you are a parent who is getting a divorce and this is your first time, soon you will be learning about your rights and responsibilities in regards to child support. You learn that in California, both parents are expected to financially support their children until they turn 18, or graduate high school, whichever occurs later. But what if both parents decide on a joint custody arrangement, one ...
If you are a parent who is getting a divorce and this is your first time, soon you will be learning about your rights and responsibilities in regards to child support. You learn that in California, both parents are expected to financially support their children until they turn 18, or graduate high school, whichever occurs later. But what if both parents decide on a joint custody arrangement, one ...
If you are headed for divorce and you have minor children with your spouse, a child support order will be an important aspect of your divorce . However, what a lot of parents don’t know is that child support orders are not only subject to change, but they are typically changed at least once, if not multiple times following a divorce. Why are child support orders frequently changed? Because, over ...
Paternity means to establish who the legal father of a child is. If parents are legally married when their child is born, the law presumes the woman’s husband is the child’s biological and legal father, but when the parents are not married when the child is born, paternity must be established before the father has any legal rights or obligations toward his child. When a child is born to unmarried ...
After a couple divorces , it’s not uncommon for circumstances to change...sometimes things change a lot. One issue that frequently arises after a divorce is the notion of moving away to another city, another county, or another state. People move all the time and there’s no reason why a divorced parent might not want to move as well. Often, a divorced spouse wants to move because they are ...
Divorcing by itself is hard, but divorcing when you have children under the age of 18 living at home is even harder. Unhappy couples want to live under separate roofs but suddenly they wonder, “Who gets custody of the kids while our divorce is pending?” There isn’t a single answer that applies to all couples – the right answer has much to do with the circumstances of the couple. Questions we’d ask ...
September is National Childhood Obesity Month and in honor of the Center for Disease Control’s (CDC) mission to reduce childhood obesity, we’re dedicating a post to divorced (and single) parents who want to help their kids make healthier choices, even if they can’t be with them 24/7 because they share parenting time with their former spouses. Before we dive into co-parenting tips, let’s examine ...
The California Courts define domestic violence as “abuse or threats of abuse when the person being abused and the abuser are or have been in an intimate relationship.” By an intimate relationship, the court means people who are married, domestic partners, dating or dated in the past, closely related through blood or marriage, have a child together, or who live together presently or who have in the ...
When it comes to dividing marital property in divorce , the United States uses two models: The equitable distribution model and the community property model. In California, we are one of a handful of states that use the “community property model.” Under the community property model of distribution, all assets acquired during the course of the marriage are marital property and owned equally by both ...
Like other states, spousal support (alimony) in California is not automatic in a divorce . If a lower-earning or dependent spouses asks for spousal support and their husband or wife does not easily agree, a judge will have to decide for the couple. Before awarding spousal support, a family court judge will examine a number of relevant factors , such as: The length of the marriage. The age and ...
You would have a hard time finding a single divorce lawyer in the United States who did not hear about cheating spouses leaving digital evidence on a daily basis. After all, with today’s smartphone technology, we’re virtually attached to our phones. Few people leave their phones in their cars on purpose – many people won’t walk from one room to another without their phone by their side! It’s our ...
If your divorce was recent, celebrating the holidays can be quite challenging, to say the least. Now that the family dynamic has significantly changed, there are certain things you may have to do differently to ensure the season goes as smoothly as possible. The key is to learn how to put your child’s needs first and work with the other parent to make the holidays as joyous and festive as ...
Divorcing by itself is hard, but divorcing when you have children under the age of 18 living at home is even harder. Unhappy couples want to live under separate roofs but suddenly they wonder, “Who gets custody of the kids while our divorce is pending?” There isn’t a single answer that applies to all couples – the right answer has much to do with the circumstances of the couple. Questions we’d ask ...
The California Courts define domestic violence as “abuse or threats of abuse when the person being abused and the abuser are or have been in an intimate relationship.” By an intimate relationship, the court means people who are married, domestic partners, dating or dated in the past, closely related through blood or marriage, have a child together, or who live together presently or who have in the ...
At Burch, Coulston & Shepard, LLP, our one and only focus is family law . Throughout the years since our founding in 2005 – we have 130+ years of collective legal experience – we have built a strong reputation as an honest, trustworthy, and focused Newport Beach family law firm that truly does put clients first and foremost. Due to our dedication and excellence, Attorney Journal, Orange County ...
If you’re seriously considering filing for divorce , you might want to do it before the year ends, depending on whether you will likely pay alimony or receive it. Starting January 1, 2019, the Tax Cuts and Jobs Act—passed by Congress and signed into law by President Trump this past December—eliminates a 75-year-old tax deduction for alimony payments. As of right now, if your divorce decree or ...
Let’s say you’re a warm, loving parent who wants nothing but the best for your children. They are your entire world and you can’t imagine life without them. Unfortunately, things between you and your spouse didn’t work out and you both decided it’s best to go your separate ways. Upon separation, things suddenly took a turn for the worse. Bitter and angry towards you for whatever reason, your ...
Paternity means to establish who the legal father of a child is. If parents are legally married when their child is born, the law presumes the woman’s husband is the child’s biological and legal father, but when the parents are not married when the child is born, paternity must be established before the father has any legal rights or obligations toward his child. When a child is born to unmarried ...
If you are headed for divorce and you have minor children with your spouse, a child support order will be an important aspect of your divorce . However, what a lot of parents don’t know is that child support orders are not only subject to change, but they are typically changed at least once, if not multiple times following a divorce. Why are child support orders frequently changed? Because, over ...
If you are contemplating divorce , you may be worried that it will go to court. You’ve heard horror stories from friends and family and you’ve seen celebrity divorces drag out in court for months, if not years. Will yours have the same fate? Is there anything you can do to avoid divorce court? For starters, we want you to know that most divorces quietly settle outside of court. Usually, the ...
Prior to getting married, many people tend to get caught up in the romance of it all. While this is understandable, it is important you consider exactly what a marriage is before you walk down the aisle. Despite the honeymoon phase of being engaged, marriage is a legal contract. This means there are a lot of financial expectations when you agree to unite your life with another’s. If you are ...
Prenuptial agreements , though not necessarily romantic, are becoming more necessary than ever. No matter how much or how little your life earnings are, it is important you do your part to protect your future. The truth of the matter is, you can never predict what may happen--every engaged couple has had the feeling of, “it won’t happen to us.” Unfortunately, however, it happens to the best of us. ...
When it comes to dividing marital property in divorce , the United States uses two models: The equitable distribution model and the community property model. In California, we are one of a handful of states that use the “community property model.” Under the community property model of distribution, all assets acquired during the course of the marriage are marital property and owned equally by both ...
While going through a divorce can be difficult in itself, suffering a personal injury during the process can result in further complications. Nevertheless, it is important to obtain your entitled financial compensation to cover medical bills, lost wages, as well as pain and suffering. However, in most states, personal injury settlements can be part of property division in a divorce. For instance, ...
If you are contemplating divorce , you may be worried that it will go to court. You’ve heard horror stories from friends and family and you’ve seen celebrity divorces drag out in court for months, if not years. Will yours have the same fate? Is there anything you can do to avoid divorce court? For starters, we want you to know that most divorces quietly settle outside of court. Usually, the ...
The California Courts define domestic violence as “abuse or threats of abuse when the person being abused and the abuser are or have been in an intimate relationship.” By an intimate relationship, the court means people who are married, domestic partners, dating or dated in the past, closely related through blood or marriage, have a child together, or who live together presently or who have in the ...
Like other states, spousal support (alimony) in California is not automatic in a divorce . If a lower-earning or dependent spouses asks for spousal support and their husband or wife does not easily agree, a judge will have to decide for the couple. Before awarding spousal support, a family court judge will examine a number of relevant factors , such as: The length of the marriage. The age and ...
A marriage unravelling can be highly emotional, especially if infidelity is involved. Without a firm grasp of California’s divorce laws, an innocent spouse who’s been cheated on often thinks that a cheating husband or wife won’t be entitled to alimony, which is called “ spousal support ” in California. Sure, this might be true if the couple lived in say, Texas, but this is not the case in ...
