California residents who are married or planning to do so may benefit from a prenuptial or postnuptial agreement. In some cases, it may limit an individual's liability when it comes to paying a spouse's debt. A prenuptial can be worded to specify that premarital debt belongs to the person who accrued it and that it is separate property during the marriage.
As children in California get older, they are less and less likely to want to spend their summer vacations with their divorced parents. While this is perfectly normal, it is important that non-custodial parents learn to create living conditions that acknowledge this reality. It may be a good idea for parents to integrate their children into the household by asking them to do chores or otherwise contribute to running it.
California residents who are facing both a divorce and bankruptcy may be interested to learn that a federal bankruptcy judge recently determined that bankruptcy could potentially wipe out divorce settlement obligations. The case was taken to federal court after a Georgia judge determined that the state court did not have jurisdiction to determine the effect of the bankruptcy on a divorce settlement.
While California has clear laws and other general guidelines regarding child custody and parental responsibilities, there are far fewer ones concerning offspring that aren't born yet. Should they divorce, couples with frozen embryos in storage may have to deal with complex and uncertain legal issues regarding what to do with them.
California residents may have heard that Cuba Gooding Jr. has finally filed for divorce from his wife. The couple had been married since March 1994, and had been together for seven years prior to that. Gooding's wife had filed for separation in April 2014 citing irreconcilable differences.
Divorce negotiations in states with community property laws like California can get highly antagonistic. In many cases, disputes over alimony or asset division have to be settled in court. However, bitter child custody battles have become less frequent as an increasing amount of evidence highlights the benefits of co-parenting arrangements. Furthermore, many parents recognize the emotional damage that prolonged legal actions can have on young children.
California residents who are thinking about filing for divorce in January are encouraged to do so in a calm and rational manner. The holiday time is when divorce attorneys see an increase in consultation and retention rates as it can be a stressful period for most calm and rationale individuals. It may be a season where personal or financial issues are put under a microscope because family members are forced to spend several days together.
When family law judges are called upon to make property division decisions in divorce cases, they follow either equitable distribution or community property rules. In community property states like California, marital assets must be divided equally no matter how long the couple was married. Judges in equitable distribution states have more flexibility, but their rulings are still expected to be essentially fair.
Child support payments are designed to help custodial parents in California meet the needs of their children. However, there are many costs that child support payments are not meant to cover. For example, they are not meant to cover the cost of a school yearbook to pay for school pictures. They are also generally not to be used to cover the cost of a tutor or an enrichment camp.
When California parents decide to end their marital relationship, they will still have a great deal to talk about. To avoid having a court many of the issues, they could reach an agreement between themselves. With respect to their children, the development of a shared custody arrangement outside of court could reduce legal costs and limit ongoing disputes. The achievement of these solutions requires communication.