Archive for September, 2008
Friday, September 26th, 2008
One of the hardest and most contentious parts of a divorce is child custody and visitation. Parents need to understand their rights and responsibilities when it comes to child custody and visitation.
The most important issue to remember when going through a custody case is that courts are concerned with the best interest of the children. Thus, Orange County courts deciding cases for Irvine residents will look at all of the facts in a custody dispute in order to decide what is in the interest of a minor child.
However, a parent should understand that he or she has rights to have custody of his or her child. The actual custody schedule, however, will be determined by the court if the parents cannot reach an agreement.
While the most individuals assume that courts in California prefer mothers in custody cases, it is the goal of California that the child have as much time with both parents as possible. But it is necessary for parents to understand that the interests of the child come before that of the parents.
For more information regarding parents rights, contact one of our attorneys at 800-589-9901 or at firstname.lastname@example.org.
Thursday, September 25th, 2008
Parents often have a difficult time coping with raising their children on their own after their marriage has ended. They often have to deal with taking on both parenting duties and also in making sure that all of the needs of the children are being met. On top of this, the children often have many questions are to why their parent’s marriage ended and why they can no longer live with both parents.
Among all of these things that the parents that have custody are usually left dealing with, comes making sure that they are being paid enough each month in Ontario child support to pay the bills. The parent that was not awarded child custody is usually required to pay Ontario Child Support to the parent that was awarded child custody. When the amount of Ontario Child Support that is being paid to the custodial parent is not enough, they can request a modification of support orders. A modification of support orders is often requested by the parent that has child custody when their circumstances change. An example of this is when the child is in need of medical care that exceeds the amount of Ontario child support that is currently being paid. Another change in circumstances could include if the child is in need of tutoring and the custodial parent can not afford it.
Of course, there are many circumstances where a modification of support orders could be requested by the custodial parent and family law can help the parent determine when the best time to make the request is. Family law has much experience with these requests and family law can also help familiarize the parent with the processes involved and how they can receive more Ontario child support.
Thursday, September 25th, 2008
There is no set of circumstances that ultimately leads to the end of a marriage. Reasons why a couple decides to end their marriage are as unique as the couple is, so it is hard to generalize what specifically will lead to that decision.
Although it is hard to generalize what circumstances lead to an Orange County divorce, it is possible to give examples of what has lead some people to that decision. Some couples report that it was their growing apart that led to their Orange County divorce. They state that over time they changed as individuals and began finding it harder and harder to relate with one another. When this happened to them, they realized that each spouses wanted something different from life so they parted ways and ended their marriage.
Other couples report that an act of infidelity was what ultimately led to their Orange County divorce. While some couples are able to move on from an act of infidelity and remain married, others find that they are incapable of moving on and find that the only option is an Orange County divorce. No matter what the reason for the Orange County divorce is, family law can be a valuable asset for couples to employ when going through it. Family law recognizes the difficult processes involved and has the experience to guide couples through. Family law can also be valuable in informing couples on what processes are typically involved in Orange County divorce and how to prepare for them.
Monday, September 22nd, 2008
People often say that children are resilient and can bounce back from difficult situations more easily than adults. When a marriage ends however, the situation can be extremely hard and emotional for the spouses and their children. It is often a matter of how the situation is handled that determines how everyone involved will heal and move on.
Child custody battles are usually quire difficult for those involved to endure. Both spouses normally feel that they have the best interests of the children at heart, which can cause emotions to surge during child custody battles. In addition, the court takes several factors into account during child custody cases and many parents choose to employ the help of family law to aid in the case. Family law can be a great ally for parents to have in the case because family law can help represent the parent’s capabilities in caring for the children and can help the parent gain child custody.
After the case has been settled, then all involved begin the healing process. The parent that was awarded child custody begins to adapt to their role as a single parent and the non custodial parent adjusts to life without the children and will likely be required to begin making support payments. In addition, the children begin coming to terms with the situation and the reality that their parents are no longer together. It usually takes time for anyone to adapt to a new situation, but how quickly and well people heal also depends on how the situation is handled.
Monday, September 22nd, 2008
When spouses choose to end their marriage, it can turn into a drawn out ordeal depending on how many processes they must go through. It can become drawn out because these processes include separating the belongings between the spouses and deciding who should get what and how much.
In the California division of marital assets, community property is the method that is used. Community property basically means that any property that a couple obtained during their marriage will be split in half during a California division of marital assets. This process occurs during a divorce settlement so spouses often do a great deal of preparation work before the divorce proceedings begin. The amount of preparation work a spouses does before the divorce settlement can have a major impact on how much they are awarded.
This often holds true during the California division of marital assets because although community property ruling is used, there are gray areas in the process. In California division of marital assets if a spouse can prove that they owned certain property before entering into marriage, they may be able to keep the property. In addition, if the spouse can prove that certain property was purchased with their individual, separate funds during marriage, the court might also award them the property. With this in mind, spouses have to prove, without a doubt, that the property in question is truly theirs and that it was not purchased with joint funds during marriage. This is where family law can help.
Saturday, September 20th, 2008
Couples may change the nature and character of property after they marry. This is known as a transmutation. Usually, this comes up when a person transfers his or her separate property post marriage into community property. However, there are strict requirements in order to have a valid transmutation. Some of the questions that individuals might have are 1) Is a quitclaim sufficient for a transmutation?; 2) Is a Grant Deed needed to have a valid transmutation?; 3) Is any writing evidencing an interspousal transfer enough to show a transmutation?
California Family Code sets out the requirements to have a valid transmutation. This area of law is very complex and highly litigated since usually it involves a lot of money. At the time of the divorce, each side will argue his or her position (that there is or there is not a valid transmutation).
If you live in Orange County, Riverside County, or San Bernardino County and if you have a transmutation issue in your divorce, contact one of our knowledgeable and aggressive attorneys.
For more information call 800-589-9901 or email us at email@example.com.
Saturday, September 20th, 2008
One of the main complaints that I hear from many clients is that the other spouse does not pay his or her ordered support payments. Whether it is in Riverside County, San Bernardino County, or in Orange County. It appears that many individuals have a hard time collecting the support amount ordered.
Support orders or subject to contempt. This means that a person can face jail time or fines for failure to pay support orders (child support and/or spousal support). While California does not have a debtor’s prison (the state will not incarcerate a person for owing money), a person can be incarcerated for failure to pay support orders. Thus, a supported spouse can be aggressive in his or her collection attempts against the other spouse for failure to pay support.
Hence, any individual needing help in order to collect support should contact an attorney for legal advise.
For more information contact one of our aggressive and experienced attorneys at 800-589-9901 or at firstname.lastname@example.org.