California is a No-Fault state. This means that the courts are generally not concerned if one spouse has an affair. This does not affect the outcome of the case. It has no affect on the division of property nor does it affect spousal support.

It generally does not affect child custody and visitation either. However, courts can create certain guidelines. I have seen judges order that neither party introduce significant others to minor children for some determined period of time. The concern in such cases, is for the well-being of the children. If the judge believes that it is in the best interest of the children to have some time to adjust to the divorce, the judge can order that neither parent introduce a new partner to the children. This will allow the children to adjust to the fact the parents are divorcing and will give them time to adjust to the fact that mom or dad has a new romantic interest.

It is therefore important that when a parent is beginning to date, that he or she consider the affect this can have on minor children. Doing so can gain favor in the eyes of the court, or at least it wont make that parent seem insensitive to the needs of the child.

For more information or a free consultation, please feel free to contact one of our caring, aggressive, and affordable attorneys. We can be contacted at 800-589-9901 or info@dieferlaw.com.

Many individuals are looking at premarital agreements to preserve and protect asset they have acquired before the marriage. Even though California Law states that assets acquired before marriage are separate property, if a person wants to protect such assets, its a good idea to consider a premarital agreement.

In California, once parties are married one spouse can begin to acquire an interest in the property of the other spouse. Hence, with time a spouse can acquire an interest in the separate property asset of the other spouse. The general rule is that all income earned during the marriage is community property. Therefore, as one spouse continues to make payments on his or her separate property with community income the community (the married couple) begings to acquire an interest in that property.

This rule also applies to the labor, work, and effort of the parties. Thus, if a spouse owns a business that was started before the marriage but continues to grow the business after the marriage, the community acquires an interest in the increased value of the business.

It is very important that parties seek legal advise when entering into an premarital agreement. If the premarital agreement is not done properly, it will be void. This is specially true when entering into spousal support waivers. Also, the spouse that is giving up his or her rights should seek legal advise to make sure they completely understand what rights he or she is waiving.

For more information and an in depth consultation with one of our Aggressive, Caring, and Affordable attorneys, contact (800) 589-9901, or email us at info@dieferlaw.com.