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Roseville Family Law Blog

Can I get a summary dissolution?

In California, some couples disagree about almost every aspect of their divorce. In such instances, a trial is almost unavoidable. In others, the couple might not be outright hostile toward one another, but the divorce is complicated for some other reason. For some, however, the circumstances are such that the couple can get a summary dissolution. This can be a far easier process than other types of divorces.

There are requirements to qualify for a summary dissolution. They include the following: the couple must have been married for less than five years; the couple does not have any children and they are not expecting a child; they do not own buildings or land whole or in part; and they do not rent any buildings or land apart from where they currently live, provided they do not have a single year lease or an option to purchase.

How can a California guardianship come into existence?

Many Californians are all too familiar with situations where an individual is unable to care for their child. Sometimes this is caused by financial strain, but, in other instances, incarceration, substance abuse, and mental health issues are a driving force in a parent's inability to adequately care for their child. In these instances, legal action may be needed to ensure that a child has an appropriate legal caregiver. This is where a guardianship may prove beneficial, as it essentially instills parental responsibilities in an individual other than a child's parent.

There are essentially two ways that a guardianship can come about. The first way a guardianship can be created is through the Juvenile Dependency system. Here, when children are removed from their parents by the state due to abuse or neglect, the court may appoint a guardian to ensure that the child has a safe home with a legally responsible adult. Although this may end a child abuse or neglect case, the guardianship may survive until the child turns 18. It is important to note that, although termination of parental rights and adoption may be possible through the juvenile system, guardianship does not terminate parental rights.

Does cohabitation before marriage increase risk of divorce?

For decades, cohabitation prior to marriage was frowned upon. More recently, however, the act has become more acceptable, with many Californians living together in long-term relationships without marriage, and others waiting for many years before tying the knot.

Research is divided as to whether divorce cohabitation prior to marriage increases divorce rates. One study released last month indicated that cohabiting couples are more likely to divorce after five years of marriage, but a study released just a few weeks after that suggested that cohabiting couples are less likely to divorce. Some think that societal acceptance of cohabitation has had an effect on the outcome of these studies, skewing them to show that divorce amongst these couples is less likely.

New California law addresses pets in the divorce process

There's no doubt that the divorce process can be an emotional one. For many Californians, dealing with child custody and visitation issues is at the heart of their emotional conflict. Yet, in many instances, parties find themselves squabbling over who will get the family pet. Previously, California law recognized pets as property, meaning that a decision had to be made about which party would take control of it. However, a new law set to take effect in 2019 will change the way courts handle this oftentimes delicate issue.

Under the new law, an individual can seek sole ownership of the pet or joint ownership. Similar to a child custody hearing, the court will consider the pet's well-being and, as such, what type of arrangement will support the pet's best interests. The court may, therefore, look at which party has been responsible for feeding the pet, as well as who has taken on the responsibility of taking it to the vet when needed.

Creating a parenting plan for your teen

Parenting plans should focus on the best interests of the child, and when children are young, that may seem fairly straightforward. A structured schedule is healthy and helps children feel safe, and California courts provide suggestions and samples of schedules that can assist parents.

Although teens also benefit from structure, their lives and needs are already changing drastically. Add a parenting plan into the mix and a teen could find the schedule frustrating and restricting to the point of distress. Here are some factors to consider when creating a co-parenting schedule for a teen.

Considerations to make prior to entering into a guardianship

In a perfect world, parents would be able to provide for their children with support from friends and family. As we all know, though, the world is far from ideal. Often, parents are incapable of caring for their children, whether it be due to substance abuse, domestic violence, poverty, or incarceration. When this happens, somebody else must step in to raise these children.

Quite frequently, family members step forward to help out. Yet, without a legal relationship in place, these individuals may be limited in the care they can provide to the children they take in. This is why a guardianship can prove beneficial. Before deciding to take the plunge into guardianship, however, individuals need to consider a number of things.

The true purpose of a prenuptial agreement

Money woes are a common cause of divorce. For this reason, many seek divorce in hopes of securing some sort of financial freedom. Yet, when those individuals who are facing financial difficulties go to dissolve their marriage, they find themselves facing battles of money and property. This can be a long, drawn-out, and ugly process that many people wish they could have avoided. The good news for those who are considering marriage is that they can avoid this potentiality by entering into a prenuptial agreement.

A prenuptial agreement is essentially a contract between soon-to-be spouses addressing a number of divorce legal issues so that, in the event of marriage dissolution, harsh bickering can be avoided. These agreements can address property and debt division, alimony, and even some estate planning issues. They cannot, though, address parental responsibilities like child custody and child support.

The right approach to property division issues in a divorce

A recent post here discussed the differences between community property and separate property. This distinction can have a dramatic effect on the property division process when a couple gets divorced. It can lay the foundation for an individual's post-divorce finances, which means that it needs to be handled carefully and competently.

The legal team at Creative Family & Corporate Solutions know how to look for and identify property that is separately owned from community property. We are skilled at making legal arguments that seek to remove assets from property division negotiations. This gives our clients better financial footing post-divorce, especially since they still retain the right to take ownership of a fair share of the community property as well.

Is your spouse hiding assets

Many people have secrets from their spouses, ranging from the trivial to the earth-shattering. A surprising number of people hide financial information during their marriages. However, once divorce becomes a real possibility, a spouse who hides assets can cause significant harm to the other spouse if he or she is not caught in time.

Learning some common red flags can alert you to suspicious behavior and help you locate hidden funds before they go beyond your - or a U.S. court's reach.

Surrogacy confusion leads to lawsuit

On its face, surrogacy may seem like a relatively straightforward arrangement. A woman agrees to carry a child to term on behalf of another couple, then, once born, that woman relinquishes all parental rights to the child. The surrogate mother is typically compensated for the process. In practice, however, surrogacy can be much more complicated, especially when things go wrong.

One case highlights just how quickly things can go astray in these types of cases. A woman agreed to serve as a surrogate for a Chinese couple and therefore had an embryo from the couple transferred to her. If she had simply carried that child and given birth to it, then the matter may have been pretty unremarkable. However, the woman later discovered she was carrying another child. But they were not twins.

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