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California Spousal Support: The Ten Year Rule is a Myth

Many California couples considering divorce fear what they call the “ten-year rule.” A common misunderstanding is that when a couple married longer than ten years seeks a divorce, there is a rule in place that requires alimony on an indefinite basis, but there is no such rule. The reference is to Family Code Section 4336(a) which says that when a marriage is of “long duration” the court “retains jurisdiction” indefinitely after the divorce is final unless the parties come to a different agreement. The fact that the court (in most marriages of long duration) retains jurisdiction doesn’t necessarily mean that…

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How Does Domestic Violence Affect Spousal Support in California?

If you are going through a divorce that involves a history of domestic violence, there are a few things you should know about how it could affect your California divorce process. California is a No-Fault Divorce State Every state is either a fault or no-fault divorce state (or a mixture of both). As a no-fault divorce state, California’s divorce statutes are based around the basis that all divorces in the state are no-fault. Being no-fault means that one spouse does not need to show that the other spouse did something wrong to qualify for a divorce. California couples can divorce…

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What To Know About Restraining Orders

A domestic violence restraining order is described as a court order which assists to protect individuals from threats of abuse or any abuse from a person who is a close relation. You can request a domestic violence restraining order in case a person has threatened to abuse or even abused you. Remember the law states that you and that person must share a close relationship. This is applicable if you are a registered domestic partner or married or divorced or separated. It is also valid if you used to date the person or dating that individual even now. You two…

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How To Obtain A Restraining Order Against A Former Spouse

There can be varyings degree of conflicts in every family. However, when there is an element of violence or the threat of abuse against your kids or you should take the matter seriously and try getting a restraining order from the court. Irrespective of what the situation may be, a spouse should never resort to violence to exercise control over someone else or certain circumstances. However, if such a scenario does take place, the said restraining order may offer additional layer of protection so that the fender can be deterred from trying to get in touch with the victim Ways…

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Can Spouses Convicted Of Domestic Violence Get Alimony?

Domestic violence is an unpleasant subject and has plagued the lives of many couples. The number of domestic violence cases are more than that which get reported every year. Domestic violence is often one of the grounds on which one spouse seeks divorce. In California, domestic violence can mean many different things and you should carefully read through the California law before proceeding with the case. Domestic violence in California California is a “no-fault” state but in certain cases like domestic violence fault is a factor. In California, fault is thoroughly examined when spousal supports are determined in a domestic…

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How Restraining Orders Can Protect You Against Violence

A court of law has the right to impose a restraining order against an abusive individual who has been established as a physical mental or sexual threat to another individual. There are several reported cases of domestic violence and child abuse which involve violent actions of harassment, sexual abuse, stalking and threatening from the abusive partner. The victim who receives the restraining order is termed as the protected person and the abusive individual is referred to as the restrained person. In some cases, where the abusive individual poses a threat to more than one persons of a family, the restraining…

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The Impact Of Domestic Violence On Child Custody Cases

The child custody and visitation laws are separately dealt with in divorce lawsuits involving child abuse or domestic violence. It is the duty of the judge to establish whether there is a genuine case of any kind of physical or mental abuse or not. If yes, the court of law must follow specific rules and guidelines to reach a final verdict in terms of custody and visitation rights of the parents involved. What is regarded as domestic violence by the State of California?  Many times, the victims of domestic abuse end up thinking that they have not been subjected to…

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Understanding The Basics of California Alimony Laws

Alimony aka Spousal Support is perhaps the trickiest element of a divorce. It goes without saying that the one who has to pay does not want to pay, and the one who has to be paid wants to be paid higher. Despite the guidance of the existing legislation and legal mandates in California, bringing both the parties involved to a common ground is more than just a challenge. What ensues is a bitter battle between the two parties, which more often than not, eventually finds itself in Court. Temporary Alimony vs Post-Judgment Alimony Divorce case settlements can take any amount…

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How Can Cheating On Your Spouse Affect Alimony?

People fall in love, get married, and start families every day. But, unfortunately, marriages fall apart more often than people would like. And one of the biggest reasons behind this is infidelity. When adultery pushes a marriage to divorce, it becomes a painful experience for everyone involved. Some divorce cases have been known to turn rather nasty and go on for years before settlement. If you are someone who is on the verge of filing for a divorce because your spouse was unfaithful, there are a few things you need to keep in mind before the papers are drawn. Adultery…

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Child Custody in Domestic Violence Cases

The definition of domestic abuse is not limited to physical harm; it consists of sexual assault, harassment, threats, stalking, and physical injury. Violence can continue and, in many cases, increase upon separation. Domestic violence allegations play a significant role in child custody hearings. The “moral presumption” in such cases does not allow the abuser to become the primary guardian of the child/children. However, the legal presumption is open to examining the case put forth by both parents. The top priority of California’s legislature in custody cases is the health, safety, and welfare of the children. When deciding custody the court…

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