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Family Law

Recent Posts in Family Law Category

  • Why Is It Necessary to Establish Paternity?

    When a child is born to married parents, the law rarely questions who the child’s father is. However, if a couple is unmarried when they have a child, the state does not recognize the father. In this situation, the state recognizes the parental rights of the birth mother only. The way you can solve this problem in California is by establishing paternity through the court system or by completing ...
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  • How To Identify Community Property

    California is one of nine community property states in the U.S., which means that all assets acquired or income earned by a married person while living with a spouse is divided equally if there is no written agreement requiring a particular division of property. What Is Community Property? Any property, cars, boats or other vehicles purchased, accumulated income and savings, 401(k)s, stocks and ...
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  • Why Your Prenuptial Agreement May Not Be Valid

    A prenup is a great way to protect yourself and your assets in the event of a divorce. However, they must be done correctly if you want them to be valid in Florida. Let’s take a quick look at some of the top reasons why a prenuptial agreement may be invalid. No written agreement : If a prenuptial agreement is not on paper, it cannot be enforceable. A verbal agreement would not work. Not properly ...
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  • What You Need to Know About Relocating After Divorce

    Oftentimes, many individuals feel tempted to relocate after a divorce to leave the past behind and embark on a truly fresh start somewhere new. While the concept of hitting refresh on life is undoubtedly appealing, moving out of state can cause some problems if you and your ex-spouse share minor children and are not in agreement regarding the move. Before you start packing up your belongings, ...
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  • The Benefits of an Uncontested Divorce

    Oftentimes, when couples divorce, they tend to expect a nasty battle and are prepared to fight, especially if there is an immense amount of bad blood between them. Spouses feel tempted to get back at one another for any number of wrongdoings and misdeeds which may have occurred throughout the marriage. However, despite the anger some might feel, most individuals desire a divorce that is ...
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  • Divorce Do’s and Don'ts

    It is no secret that divorce can be an emotional process. Even when the situation appears to be amicable, tempers can run high and the stress of it can put both parties over the edge and cause them to react. However, it is important to remember that your actions have consequences, so you should never act out impulsively due to your emotions or the results could cost you and impact the outcome of ...
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  • The Impact of Domestic Violence on Divorce

    Ending your marriage to an abusive spouse takes a lot of courage and strength. As you begin this process, your attorney will inform you of the impact it can have on your divorce, including child custody, spousal support, and property division. If you are the victim of domestic violence and are seeking a divorce from your spouse, it is crucial to obtain legal representation as soon as possible. ...
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  • When Is My Divorce Final?

    Many people who are in the midst of the divorce process are often so overwhelmed and emotionally spent that they cannot wait for it to all be over, even if they were resistant to the idea of getting a divorce. Even after you and your spouse work out the details of your settlement, whether in mediation or through litigation, your divorce is only official once you get a Final Judgment of Divorce. ...
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  • What is a Parenting Plan Modification?

    Life is not static, so it would be unreasonable to think that some of the decisions made during your divorce should be set in stone, including your parenting plan. As such, the courts allow parents to seek modifications to parenting plans for any number of reasons. It is generally easier to work with your ex on these matters, especially if you are on the same page and have a good co-parenting ...
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  • How to Get a Divorce in Florida

    Divorce proceedings depend on whether or not it is a contested or uncontested divorce. In an uncontested divorce, both parties agree to the terms of the divorce. In a contested divorce, each party disagrees about the terms of dissolution. Disagreements in contested divorces are often over assets like homes, automobiles, bank accounts, retirement accounts, and child custody. How Much Does it Cost ...
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  • Pros and Cons of a Prenuptial Agreement

    Many couples fear that getting a prenuptial agreement will negatively affect the trust or romance experienced in their relationship. However, a prenup can be a practical solution to help couples deal with the uncomfortable topic of discussing finances. With more than 50% of all marriages ending in divorce, it is a good idea to consider a prenuptial agreement before you get married. A prenuptial ...
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  • Benefits of Joint Child Custody

    As you are going through a divorce , who gets custody of your children is probably right at the top of your priority lists. Many parents instinctively want child custody rights all to themselves so they can spend as much time with their kids as possible. While this is certainly understandable, sole custody is probably not as beneficial as it seems on the surface. Family law courts tend to favor ...
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  • How to Pursue Sole Custody of Your Children

    In general, family law courts do not lean towards sole child custody orders following a divorce . There is plenty of evidence and case studies that determined joint custody is typically better for both the parents and the children, so if you want sole custody, you will need to fight for it. Not only are you going to be up against your ex-spouse, but also the judge who will probably be skeptical ...
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