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Family Law Blog

California Child Custody Cases and Existing Restraining Orders

Child custody cases have been known to cause even more stress, contention, and heartbreak than a divorce. Custody cases where parents were not married can be even more difficult. But the most difficult of all California child custody cases are often those that have restraining orders involved. If there is a protective order in place,…

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What You Need To Understand About Community Property and Personal Injury Settlements in California

Although California is a community property state, the courts have special rules regarding settlements from personal injury cases. Personal injury settlements may or may not be considered community property, depending on when the injury occurred. If you are considering a divorce, you may be wondering if your spouse’s personal injury award will be considered separate…

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Children Used in Emotional Abuse Ploys

Sadly, many children are used as pawns in divorce proceedings. Emotional abuse can wreak havoc on them. Caught up in the throes of divorce, some people don’t stop to think that they may be using their children as emotional pawns; taking their own anger and hurt out on the kids. This is a difficult position…

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Same Sex Marriage in California Permissible

Same sex marriages may take place in some U.S. states, but not others. Find out which states allow the marriage and benefits that go with it before tying the knot. “Rather than make a major error by getting married in a state that does not recognize same sex unions, it’s wise to spend some time…

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When a Divorce Isn’t a Divorce

When divorce doesn’t seem like a viable economic solution to marital problems many are opting for a new approach. Say hello to the new “non-divorce.” “There is certainly more than one way to end a failed marriage, although traditionally speaking, it has been to go to a divorce lawyer and get a divorce through the…

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California Stalking Illegal

Stalking is one of the most frightening behaviors a person may experience. One out of every twelve women and one out of every forty-five men will be stalked at least once during their lives. Stalking in the 21st century isn’t just what we have come to associate as being the “typical” stalker-like behavior. Now, thanks…

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California Prenups Can Cement Your Relationship

The latest soap opera features a couple contemplating signing a prenuptial agreement. He feels it’s not very romantic. It’s true; there’s a great deal of debate over the necessity of having a prenuptial agreement in place prior to getting married. If there were ever any questions about whether or not it was really the right…

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To Agree or Disagree – the Question in Modifications to Child Custody Schedules

It’s not that child custody schedules can’t be modified; it’s usually more a matter of having both parties to the schedule actually agree on the change. Let’s consider the hypothetical case of Mike and Nicole who had been divorced for over six years. Their original custody order worked out well for both of them, but…

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Checking the Divorce List Twice Before Filing for a California Divorce

Divorcing isn’t easy. Handling the various details required for marriage dissolution in California is enough to send a person into panic. Going for marriage dissolution is a tough decision, made even more difficult if there are children involved. It’s a time for second guessing, worrying about the welfare of the kids, and about the future….

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Coercion’s Role in Domestic Violence in California

If you don’t think coercion plays a role in domestic violence in California, think again. This tactic may cost you your visitation rights with the children. While many people work hard at their jobs and their relationships with significant others and get ahead on their own merits, there are those who attempt to get ahead…

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The Presumption for Joint Custody in California

In California child custody is based on the overall best interest of the child. This means the health, welfare and safety of children is the first concern of the courts. “Despite the fact that most states, including California, advocate for the best interests of the child in custody proceedings, what that ‘actually’ means is often…

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