Law Offices of Indu Srivastav, APLC
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Fullerton Family Law Blog

Are guardianships and conservatorships the same thing?

Unless you are employed in the legal field or have been involved in a legal action, much of the terminology is confusing. This is especially so in the family law field, which introduces residents to many previously unheard of legal terms. Two of these terms – guardianships and conservatorships – can arise within the family law area of practice in the state of California.

To help you determine how one or both of these legal terms may apply in your family law situation, the following sections contain basic information about guardianships and conservatorships. Learning about these terms helps you identify what kind of service you need from an attorney and it helps you prepare for any consultations between you and your lawyer.

3 key pointers for navigating a high-asset divorce

People get married all the time, not realizing that divorce can wreak havoc on their finances. The higher the income and value of assets involved, the more complex and time-consuming the separation process is. Though your focus is on ending your marriage, dividing assets and who gets custody of the kids, it is necessary to consider the lingering consequences a high-value divorce can have on the rest of your life.

As someone with a high net worth, you should exercise caution, discretion and common sense while sorting things out. No matter how much you trust or still care for your spouse, you should not take anything at face value. You have worked hard to amass your wealth and should prepare to do what is necessary to protect your interests and maintain financial and emotional stability in your post-divorce life.

Spousal support options in the state of California

As you know, receiving spousal support can make all the difference in your ability to support yourself and even thrive after getting divorced. Over the years, alimony in the U.S. has undergone several reformations to give both spouses more flexibility in how they pay and receive spousal support.

In California and many other states, spousal support recipients have several options to choose from in how they receive their court-ordered or negotiated alimony. However, careful consideration is crucial when hammering out the terms of spousal support agreements.

How can I determine if my spouse is hiding money from me?

Just because you got married to your partner doesn't mean that you will trust each other throughout the entire marriage. Many marriages go through rough patches where trust becomes a focal point. A lot of marriages that struggle to stay together run into problems surrounding hidden money or assets. So, how can you determine if your spouse is hiding money?

When you get the mail and find bank statements or credit card statements with account numbers that are unfamiliar to you, it's highly likely that your spouse is hiding money or other assets from you.

Disclosing all assets is required to create prenuptial agreement

The creation of a prenuptial agreement is important for people of all income levels when getting married in California. This document will protect not only you but your assets and the assets of your future spouse. This process is only effective when you disclose all of your assets on the financial statement. Let's take a look at what assets you must disclose to ensure the agreement is valid.

You need to disclose every single penny of your gross monthly income from every single source. So, if you work multiple jobs, you need to provide the amount from all of those jobs, disability payments or severance payments.

California Supreme Court rules for children seeking asylum

The California Supreme Court has ruled in favor of children seeking asylum, according to a recent news report from August 2018. The court, which overturned rulings from a trial court and an appellate court, issued a ruling that said children who are seeking asylum only have to notify their foreign parent if they plan to reside in the United States.

The ruling from the Supreme Court was unanimous and was provided in a 23-page written report. The case stems from a 10-year-old girl from Honduras who sought asylum in the United States back in 2016. The girl entered the country without an adult and was planning to live with her mother.

Explaining how spousal support is calculated by the court

As you work through your divorce proceedings in Fullerton, you will eventually come to the discussion of spousal support, or alimony. This can wind up being a very difficult conversation, especially if your spouse doesn't want to pay the amount you need to live on your own until you can get back on your feet. Let's take a look at how spousal support is calculated by the court.

Courts are given their own discretion when it comes to determining the amount of spousal support and how long it will last, which is very different from determining child support. There are some recommendations that courts should look at before issuing a ruling on spousal support, and those recommendations were made by the Uniform Marriage and Divorce Act.

Business protection strategies during divorce

When you are building your business, your marriage may fall apart. Sadly, getting a divorce can have a negative impact on your business. But just because your marriage is ending does not mean your company needs to have the same demise. 

While you may experience some turmoil, you may be able to have a thriving business after you and your spouse separate. Here are some methods for preserving your business when your marriage is in trouble. 

How can I provide for my disabled child's future?

Do you have a disabled child? Whether your child has a mental or physical disability, you will likely want to do everything possible to provide for their future. There's so much that goes into caring for a disabled child, including at-home renovations, the purchase of equipment, live-in care and more. So, how can you provide for your disabled child's future?

A common option many parents tend to go with to provide for their child's future is the special needs trust. This is just like all other trusts except that it is designated for a child who has special needs, such as a mental or physical disability. This trust still has a donor, a beneficiary and a trustee named in it.

What are some warning signs that divorce could be next for me?

Relationships aren't easy. Even the couples that appear to be perfect have their problems behind closed doors. The differences between the couples that last until death and those that wind up getting a divorce are the ones that can be indicators of the marital breakup. So, what are these warning signs that divorce could be next for you?

When one of the spouses in the marriage continues to walk away, divorce is in the not-too-distant future. You need to take a long look at how the two of you interact in the marriage. If fights are left unsettled due to issues with conflict resolution, there is a problem. If the two of you never fight because you're scared of what might happen, there is a deeper problem.

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Law Offices of Indu Srivastav, APLC
1400 N. Harbor Blvd., Suite 601
Fullerton, CA 92835

Phone: 714-515-5008
Fax: 714-515-8338
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