No one wants to think that their marriage could be the one that someday fails. They hope that the love with their spouse will be the kind that lasts forever. Hopefully your marriage is the one that lasts and you and your spouse’s love will last through your old age, but if it doesn’t, have you safeguarded your assets and interests?

In the unfortunate event that your marriage ends in divorce, do you know how things would turn out for you in the division of marital assets? California exercises community property laws, meaning that in a divorce settlement, all property obtained during the marriage is divided in half between the spouses. Almost everything California spouses obtain during marriage is considered marital property: the home, vehicles, and non-tangible things such as retirement benefits and debt. California assets that existed prior to the marriage then usually remain with the respective spouse.

Although it may be unbearable to think about your marriage ending in divorce, there are things you can do to safeguard your property in case this does happen. Some people keep records proving which items they brought into the marriage, so that in a settlement they can prove that it is private property and therefore should be awarded to them. If you and your spouse use separate funds for some purchases, you could also keep a record of what you buy with your funds because this can also help prove it is your property and thus could be awarded to you in a divorce settlement.

In any divorce case, its important for individuals to understand that the judge has discretion and wide ranging authority to make orders. Most of the time, it is my experience that client’s do not understand how much authority the judges have to make orders in any area of the case.

Whether it is custody, permanent spousal support, or attorney fees, judges as the trier of fact have a lot of leverage to make orders in the best interest of the children and/or on conflicting facts. For that reason, it is important to seek the advice of a local attorney that can help a party navigate through this process and one that will understand the judge assigned to the case.

For more information and a free consultation, please contact one of our experienced and aggressive attorneys at 800-589-9901 or info@dieferlaw.com.

There are many reasons why a person may seek that a case be transferred from one court to another. At times, the transfer or change of venue if mandatory. But, in my experience most of the times the transfer is discretionary. Thus, it is very important than when a party files a request to transfer or move the case that he or she clearly state the reason for the move and provide the court with legal authority why the court should grant the request.

A request for change of venue can be made when both parties move out of the county where the case was filed. Or, a request can be made in custody cases when the custodial parent and the child moved out of the county where the case started. However, the custodial parent has to show that the relationship between the child and the non-custodial parent has deteriorated to a point where its not practical for the original county to retain the case.

For support issues, if the case is referred to the Department of Child Support Services then the support issues can be transferred to the county where the child lives.

Lastly, the court has the authority to transfer a case for the convinience of witnesses and if the transfer would promote the ends of justice.

It is very important that the motion be properly filed with legal support for the request to change the case and with declarations showing why the change is necessary. If the request does not contain legal authority or sufficient evidence, the court will deny the request.

For more information, contact one of our aggressive and caring attorneys at 800-589-9901 or at info@dieferlaw.com.

Many clients will call me to inquire about parental rights. Father rights. Grandparent rights. They want to know what rights they have and how they can enforce their rights.

Simply put, the theory of parental rights, whether for mother or for father, are rooted on the constitutional principle that parents have a right to raise their children. However, parental rights must give way to the “child’s best interest”. While a parent has a right to raise his child, the actual custody order or schedule will be based on what the court believes is in the best interest of the child. As such, the court’s concern is not with parental rights but with the child’s rights and interest.

Generally, a child has the right to spend time with both parents and California presumes that it is in the child’s best interest to have frequent and continuous contact with both parents. Hence, the court will create a schedule that furthers the child’s best interests.

Similarly, courts will grant grandparent petitions for visitation if the court believes it will be in the best interest of the child to continue visitation with a grandparent. Once again, the main concern here is the child. If the court has evidence to believe the child and the grandparent have a close relationship, the court may grant visitation rights. However, it the court does not believe there is a close relationship between a grandparent and a child the court can deny visitation rights since it might be detrimental to the child.

Therefore, in any petition for visitation or custody it is always important to keep in mind the child’s best interest. For more information on parental rights please contact one of our aggressive and caring attorneys. We can be reached at 800-589-9901 or info@dieferlaw.com.