Posted by Christopher J. Sunnen, Esq., CFLS | Aug 29, 2023 |
A "custodian" is a person who "guards or protects" someone else. In a court of law, child custody means the appointing of one or more persons to take care of and control a child under the age of 18 years.
In the State of California, there are several types of child custody:
Physical custody ...
Posted by Adrian S. Doty, Esq. | Nov 27, 2022 |
When a marriage is broken beyond repair and letting it fall apart makes more sense than trying to hold together, the next question most couples grapple with is how they can go their separate ways in the most amicable way possible. Sometimes, divorce mediation can be the most cost-effective and dr...
Posted by Adrian S. Doty, Esq. | Nov 22, 2022 |
If a court issues a restraining order against you following a domestic violence matter, it means that you will be barred from contacting your accuser for a certain time period. This will probably bar you from visiting your accuser's home and place of work or from contacting them in any way.
A re...
Posted by Adrian S. Doty, Esq. | Oct 26, 2022 |
People who believe all is fair in love and war may not have spouses who hide assets from them. Unfortunately, this often happens. In fact, hidden assets exist in approximately two-thirds of marriages.
However, when a time comes, and you decide to get out of your marriage, you deserve to get a fai...
Posted by Adrian S. Doty, Esq. | Oct 14, 2022 |
Sometimes, parents are required to have supervised visits with their children after a separation or divorce. It might seem like this is the end of the world, but it can be beneficial to everyone involved if it's handled correctly.
Making the most of supervised visits can be challenging, but you c...
Posted by Adrian S. Doty, Esq. | Sep 29, 2022 |
If you're getting divorced, your first option may be to try to keep the family home. You need to consider the financial side of this, as you may have to give up something in order to keep it.
This is because your spouse likely also has a claim to the home. As you divide property, if you're going ...
Posted by Adrian S. Doty, Esq. | Sep 13, 2022 |
When you file for a divorce in California, a big part of the process is dividing property and debts. Property refers to anything you can sell or buy or something that has value.
For some couples, determining what community property is (owned by both spouses and part of the division process) versu...
Posted by Adrian S. Doty, Esq. | Sep 06, 2022 |
If you intend to divorce your spouse in the Golden State, there are conditions you need to meet before you can file. One of them is your residency in the state.
If you're planning a move along with a divorce, it's wise to understand the residency requirements in California before you start.
The...
Posted by Adrian S. Doty, Esq. | Aug 13, 2022 |
You know that you want to use a prenuptial agreement when you get married. You have yet to discuss this with your partner. It feels a bit intimidating to bring it up. But you know that you want to protect your assets and that this is a good way to do it.
What you're wondering is if there is a spe...
Posted by Adrian S. Doty, Esq. | Aug 01, 2022 |
Dealing with a divorce can be overwhelming. Not only do you have to handle the flurry of emotions, but you also have to look out for your interests and ensure you get what you deserve. If you are not careful, you might get shortchanged or lose assets that rightfully belong to you.
Given the uncer...
Posted by Adrian S. Doty, Esq. | Jul 05, 2022 |
Divorce is challenging. Even in situations when both parties agree that the marriage should end, it can be stressful, frustrating and emotional.
While divorce is rarely easy, there are steps you can take to help ease the process and take care of yourself.
Accept that your emotions may change
When...
Posted by Adrian S. Doty, Esq. | Jun 22, 2022 |
Divorce was traditionally viewed as a highly contentious and adversarial process. However, couples are now starting to realize that there are no winners in a highly-contested divorce.
For this reason, mediation has become much more popular. Essentially, mediation comprises a less formal process ...
Posted by Adrian S. Doty, Esq. | Jun 09, 2022 |
One of the most important factors in a divorce concerning parents is child custody. If parents cannot negotiate an agreement between them, then the courts will step in. The central issue in any child custody case is the best interests of the child. This is what the courts will be motivated by whi...
Posted by Adrian S. Doty, Esq. | May 24, 2022 |
You may often hear parents state they're only staying married until their children go to college or move out. What these parents don't realize is their unhealthy marriage may be pushing their kids out of the house too early. Children may not understand the dynamics of marriage, but they can reali...
Posted by Adrian S. Doty, Esq. | May 11, 2022 |
You may have recently heard yourself asking why you are still married. There seems to be something in your relationship you no longer have. A special bond that made the marriage worth having. Now you're searching for this feeling again to reignite your marriage.
You may be wondering what caused t...
Posted by Adrian S. Doty, Esq. | Apr 28, 2022 |
You've never raised a hand to your spouse or your children, so you were shocked when – shortly into the divorce process – your spouse leveled accusations of abuse your way.
Why on earth would your spouse do this to you? What could they possibly have to gain? Let's consider some potential motives....
Posted by Adrian S. Doty, Esq. | Apr 14, 2022 |
Picture in your mind a married couple legally finalizing their split. You probably have a mental image of two angry people arguing and shouting in divorce court. Little gets resolved in this scenario. The whole proceeding is emotionally charged.
Fortunately, there are much better ways to smoothly...
Posted by Adrian S. Doty, Esq. | Apr 01, 2022 |
Your marital home is likely a place that's very special to you. Determining what will happen to it is often something that's hard to do if you decide to divorce.
There are a few ways you may opt to handle the marital home. You and your ex will have to consider the options and work together to fi...
Posted by Adrian S. Doty, Esq. | Mar 17, 2022 |
Being married to someone in the military has unique factors that can make it more challenging than civilian marriages. For example, they may be away for long, undefined periods. Laying down roots can be harder because the whole family might be required to move in the future.
So, it is no surprise...
Posted by Adrian S. Doty, Esq. | Mar 04, 2022 |
People become emotionally attached to specific items. For some, this could be the home where they raised their children because of the memories they have there. For others, it might be a vacation timeshare where the family spent a lot of time.
When you end a marriage, you have to split up the pr...
Posted by Adrian S. Doty, Esq. | Feb 21, 2022 |
Most marriages start off as loving relationships. Many will continue on that way, but some will shift toward abuse. The abuse doesn't always happen suddenly, and it's not always physical. In some cases, the relationship turns emotionally abusive and controlling before the person starts the physic...
Posted by Adrian S. Doty, Esq. | Feb 04, 2022 |
When people decide to end their relationship, it is not usually a decision that they take lightly. Often, former spouses appreciate the clean break that a divorce can offer. For people who have children together, a co-parenting relationship will need to be maintained after the separation.
Hard fe...
Posted by Adrian S. Doty, Esq. | Jan 21, 2022 |
Splitting up when you have children together is a difficult situation, but it's one that requires you to do what's best for the kids. These cases require the parents to put their own differences aside and focus on what the children need.
There are several ways that you can make the negotiations l...
Posted by Adrian S. Doty, Esq. | Jan 05, 2022 |
When parents divorce, they have to figure out how to share custody. Some parents will work together to negotiate a reasonable parenting plan themselves, but many parents have to litigate to resolve custody disagreements. If a judge has to make the decision, they will apply California state law.
E...
Posted by Adrian S. Doty, Esq. | Dec 20, 2021 |
Many divorced people end up being long-distance parents, at least for a time. Whether your long-distance situation is necessary because of your job or other commitments or you were unable to prevent your co-parent from moving away with your child, it's crucial to make the best of it.
Codifying yo...