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Fullerton Family Law Blog

How do you become a conservator?

You have a family member who can no longer care for themselves. You want to help, but you're not sure what you can do.

One thing you might want to consider is becoming a conservator. You'll take on a lot of responsibility if you do, but it's a good way to care for someone you love and to have the legal right to do so.

What should you remember about negotiating with a spouse?

Divorces are complex and difficult times in people's lives. Even if a person is happy to go through the divorce and to move on, it can be hard to take on the extra costs of living alone and the expense of a divorce.

To make your divorce easier, one thing that you may want to consider is negotiating with your spouse outside court. It might be hard to be around them right now, but if you are able to come up with a reasonable settlement agreement or custody arrangements that you both like, then you will spend less time in court and less money on your divorce.

Choosing spousal support: Do you need it?

In California, there is no rule that spousal support has to be given to a lesser-earning spouse. However, if you are the lesser-earning spouse and want to seek spousal support following your divorce, you can certainly do so.

Spousal support doesn't last forever (in most cases) and is unlikely to be all you'll need to pay your bills. However, it can be a good boost to your income for a short time.

Here are 3 ideas for handling your business after divorce

You and your husband started out as business partners. It wasn't until after you'd worked together for a long time that you realized you loved being together and got married.

That didn't last forever, though. Between the stresses of taking care of your business and the stress of your life as a couple, you've both decided that it's time to split. The only problem now is that you don't want to split the business or work together.

Missing 3-year-old child found in California

It can be scary to think about a child being taken from your custody by another parent. Perhaps they don't have custody and only get supervised visits, or maybe they do receive custody but have made comments that made you think that you one day wouldn't see your child again.

It's a horrifying experience to realize that your child or a child you're the guardian of has been kidnapped by a parent. Fortunately, if you act quickly, the authorities can step into action and help bring them home safely.

Community property: Get help dividing your marital property

California has long been known as a state where marital property is divided evenly, not equitably. While the majority of states in the U.S. use equitable division, California's laws require that two people who have been married divide all marital property down the middle.

It doesn't make sense to some people that community property laws would still be in place. After all, many couples both work and invest in their marriages. Some may invest more money or more time, while others may do less. Wouldn't it make sense to do everything equitably?

Face a divorce with a business-like approach for better results

When you think about divorce, you probably think of all of the emotions that come with it. In law, divorces are nothing more than the division of marriages on paper. Marriages are, at least in a legal sense, a kind of business arrangement. Marriage provides you with certain benefits, like tax deductions and certain protections, and divorce severs you from them.

The problem with divorce often happens when the emotional collides with the legal. It is very difficult to divorce without being emotional about the subject in some way, but when emotions run high and make it so that you can't make good decisions or won't negotiate, they're only hurting your case.

Negotiate and create a child support plan that works

When you are separating from your spouse, one of the last things you want to think about is paying them for getting to spend more time with your children. Still, as a parent, it is your responsibility to make sure that your children are cared for.

Child support is meant to be used to create a household in which a child is still supported by two incomes. Your support, although in addition to what you provide when you see your child, helps create a more financially secure environment for them with their primary custodian.

Do not let a parental alienation claim derail your custody case

Parenting during and after a divorce can be challenging for anyone. After all, you have to work diligently to ensure that your kids have the tools they need to adjust to a new way of life. Furthermore, you may have to put up with a co-parent who behaves irrationally. Either way, you must know about parental alienation and how it may affect your custody matter. 

In California, parental alienation is serious business. Parental alienation occurs when one parent denigrates the other parent to harm that parent’s relationship with the children. Judges in California typically do not look fondly on this type of behavior, at it poses the risk of causing long-term emotional harm to the kids. 

Spousal support: Designed for people who need extra help

Imagine relying on your spouse for everything you need. You might have stopped working to care for your children, due to illness or because of some other cause. Now, when you're totally reliant on their sole income for your family, they come to you and say that they want to get a divorce.

This is not an uncommon story for people going through divorce. In fact, there are many women and men who find themselves wondering how they're going to afford to live following their separation from their spouse.

Contact

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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