Many issues arise in the course of a divorce proceeding but some of the most common (and most commonly misunderstood) relate to a couple’s marital residence. Who will live in the house while the legal action is pending? Can both spouses continue to reside there? Should they? Who’s responsible for maintaining the property (including general […]
Sometimes it seems that issues around child custody are needlessly complicated to understand. So when a parent who shares custody of a child wishes to travel internationally, he or she should be aware of the additional legal ramifications of taking that child out of the U.S. In one respect, things are fairly straightforward, at least […]
By its very nature, a divorce proceeding is an adversarial event. But adversarial doesn’t have to be the same thing as bitter or filled with antagonism. With the high cost of litigation—not to mention the potentially devastating emotional damage on spouses, partners, and their families—it makes sense for the parties involved to try and step […]
At some point in our lives, many of us will need to create an estate plan to manage our assets—including property, financial holdings, personal belongings—not just for our lifetimes, but for our loved ones after we’re gone. For the most part, there are three types of trust you may want to consider in your estate […]
With the holiday season upon us, people often find themselves in a financial crunch, (buying gifts, hosting visiting family members, etc…). The burden of these additional holiday expenses can be especially challenging if you’re either paying spousal,/partner support or even receiving such payments yourself. That’s why it’s not unusual at this time of year for […]
In the old days, when a husband or wife wanted to get a divorce, they had to give a reason for this momentous decision or prove why their spouse’s actions (such as adultery, abuse, abandonment, or extreme cruelty) made the marriage no longer possible. This approach to dissolving a marriage frequently led to the types […]
Whenever a divorce proceeding takes place and children are involved, issues of child custody and visitation inevitably arise. The goal for everyone involved should be to design a custody and visitation arrangement (also called a “parenting plan”) that effectively addresses the health, education, and well-being of the children. Typically, parenting plans are organized into two […]
A premarital agreement (more commonly known as a “prenup”) can be helpful for two parties anticipating marriage in the near future. This document, which must be committed to paper and signed by both parties, is meant to offset some of the issues partners may face should they laterend up in divorce or legal separation. What’s […]
A pre-nuptial agreement (also called a “prenup”) is a legal contract between two people who intend to get married. This document defines each party’s respective rights and obligations, should the marriage eventually go down the path of divorce or legal separation. Can be used as evidence in a court of law In California, prenups are […]
Taking your case to court can be costly and time-consuming. In my opinion, it should only happen when there’s no other way for the disputing parties to reach some middle ground. That’s why it’s good to know about other options, such as negotiated settlements, also known in legal circles as Alternate Dispute Resolutions (ADRs). Each […]