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September 2017 Archives

Woman falsely accused of having gun, fleeing with children

Child custody cases are sometimes contentious, so it's not a surprise that a mother or father might fight with one another. Even if they live together, like the couple in this case, the person who has legal custody still gets to make decisions for the welfare of the children.

What fiduciary duties does a spouse have?

When you're getting a divorce, the last thing you want to find out is that your spouse has violated his or her fiduciary duties. A spouse's fiduciary duty is essentially to make good financial decisions that are not excessively unfair to the other spouse. For example, if two spouses purchase a home together, that is a good agreement and fair to each party. If one person racks up $100,000 in debt without the other's knowledge, it can be argued that the individual violated and broke his or her fiduciary duty.

You can receive protection against emotional abuse

Emotional abuse can be just as devastating as physical abuse. It can be harder to identify since it does not have physical signs, but it is just as valid as any other type of abuse. Emotional abuse has the potentially to affect a person's sense of self-worth and to have psychologically lasting effects.

Understanding alimony laws in California

If you are thinking about divorce, you might be wondering if you will receive alimony as part of your settlement. In California, you and you husband can come to an agreement about alimony payments outside of the court or you can petition the court to make it part of the divorce decree. The main reason why courts grant alimony is so that one spouse does not suffer an undue hardship as a result of divorce. In other words, if you are not earning income, or earning an income substantially lower that your husbands, the court might award you alimony payments.

What should you do before filing for divorce?

If you've decided that you want to get a divorce, you need to start planning well before you talk to your spouse about it. Once you air your grievances, it may become very difficult to talk to or work with your spouse. It's a good idea to start collecting all the items you'll need now, so you have them and can file a case quickly.

Why is it hard to adopt in California?

If you want to adopt, one of the ways you can do so is through the foster care system. Some people believe that this is one of the most difficult ways to adopt, and it can be depending on the child and his or her circumstances. One major hurtle in California comes down to funding, though. If the agencies are not funded well, it can be hard to get a hold of the people you need to talk to for the finalization of adoption or to become a foster parent.