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Famliy Law


How To Draft An Effective Family Law Declaration for Court

Family law declarations prepared for court are often the first impression you can make on the judge in your divorce or child custody case, so you should try and make that first impression as effective as possible. The judge is the person who is going to decide your case and if your initial impression on the judge is sketchy, you are likely to have turbulent time all through the proceedings. One thing to always understand when drafting your Orange County family law court declaration is that the declaration should not exceed the required number of pages. Generally, “the shorter, the…


What the Separation of Parents Means to a Child

Children are the responsibility of their parents. Parents manage children through their thick and thin to make sure the child stays in his/her best possible condition. What happens to the children when you want to get a divorce? All parents should consider their children and their thought process when thinking of divorce. A litigated divorce may let you get the verdict of win on certain things but it’s most likely you’ll end up losing many things such as causing grief and trauma to your child who will see his/her parents lock horns with one and other. Did you know that…


3 Steps To Reduce A Spousal Support Order

Spousal support is often one thing most spouses that pay them hate. While most of these accusations are probably from a rant of an angry spouse fed up of paying spousal support to his or her spouse, there are ways to reduce the amount of spousal support you have to pay over time. Step 1: Analyzing and Understanding the Order You should plan and prepare for your modification request beforehand, as simply coming up with a modification request and hoping for the best will likely not accomplish what you are seeking to do.  Your modification request should have good cause…


What Is The Purpose of Court-Mandated Mediation Before My “Request for Order” Hearing for Custody & Visitation?

The State of California mandates that all custody court proceedings filed in the state must first attend court-ordered mediation prior to the date of the scheduled hearing.  The purpose of such court-ordered mediation is, in reality, intended to reduce the congestion of cases in court by making an effort to assist parents in working out custody and visitation issues with the assistance of a neutral third party. The court mediators are generally trained professionals who have at least a Master’s Degree and have extensive experience in psychology and marital/family counseling, and are trained in conflict resolution. In custody mediation, the…


What To Expect From Your First Meeting With A Divorce Attorney

In choosing the divorce attorney who will represent you in your divorce case, it is always advisable to first interview several divorce and family lawyers either/or by phone or in person.  You should choose the attorney that you feel most comfortable to talk with and that you feel will have your best interests in mind, because you and that attorney will be working together quite frequently.   If a divorce attorney that you meet with seems impatient and pushes the consultation to be over quickly and does not seem to be listening to you, then perhaps that attorney is not…


Top Money Mistakes To Avoid In Your Divorce!

In any divorce, each party has to be smart and also realistic in terms of what the new reality of their life will be post-separation and post-divorce.  The money that was spent on a life together is now being split to maintain 2 separate lifestyles.  Before you sign your marital settlement agreement, consider these potential mistakes that you will want to avoid: Settling for less in the division of property and assets than you are entitled to in order to obtain more child custody or visitation. These are 2 separate issues and one should not be contingent on the other….


The First Steps in Filing for Divorce in California

When you are in an unhappy relationship and all you want to do is get out, then divorce may be a viable option for you. There is one thing you need to consider, however, and that is whether or not you are willing to take the matter to court. Many people want to settle the matter outside of court in a peaceful manner. Especially for a couple having kids, divorce can become a messy affair. Therefore, it is far better to sit and converse, rather than to waste your valuable time and resources fighting in court. There are numerous ways…


How to Protect A Family Business From Divorce With Prenuptial Agreements

Small businesses in America account for a substantial amount of the workforce and businesses in the U.S. economy.  Many small businesses are family-owned, with many owned together by married spouses with other family members. When the primary owners of a family business go through a divorce, the implications can be tremendous.  Therefore, with so much at stake with a family business, couples who co-own a business should consider a prenuptial agreement (premarital agreement).  Such an agreement can identify which property should be considered a spouse’s separate property and which should be counted as marital property, or it can deem that…


Don’t EVER Consider A Do-It-Yourself Divorce, Unless You Have No Other Options!

For most people, the decision to file for divorce is itself one of the most stressful and gut-wrenching ones in their lives, and is often made after many months or years of going back-and-forth deciding what to do. The next step after deciding to file for divorce is whether to retain a divorce attorney or not. California family law courts do allow you to present yourself “in pro per” in family law proceedings.  However, is that the right way to handle your divorce case?  NO! Although that answer is coming from a divorce attorney, it is an honest answer based…


Top 3 Considerations For Avoiding Tax Problems In Your Divorce Settlement

No one wants any problems with the IRS as a result of their divorce!  In any divorce case, there are tax issues both during and after divorce that need to be considered and addressed.  Divorce is anguishing enough, and dealing with a tax problem thereafter is even worse.  Here is some information and tips on what to consider as part of your divorce in relation to taxes: Division of Property Generally, for property transfer between divorcing parties as part of a divorce settlement, there is no tax implication.  That can include transfer of ownership of real property. However, there can…

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