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California Family Law Blog

Include more than physical assets in your prenuptial agreement

Drafting a prenuptial agreement is a step that many California couples take in order to ensure the full protection of their financial interests in case of a divorce. However, it is possible to custom tailor these agreements to your individual needs and objectives. You can include provisions for not only your physical assets, but your digital assets as well.

People often fail to include digital assets in their prenuptial agreements, but there are many benefits to including intangible property. Many people preparing to marry fail to consider how much of their lives are stored online and how many of their assets are digital. It can be beneficial to consider these things as you are preparing your agreement, as this can help you avoid many complications in the event of a divorce.

Protect yourself when divorcing your business partner

The uncertainty of your future after a divorce may be compounded if you are married to your business partner. Not only does such a divorce raise concerns about coping emotionally, deciding where to live and wondering about your financial resources, but it may cut to the heart of your life goals and livelihood.

Divorcing your business partner is a delicate matter, and it involves a complex tangle of your personal and professional life. There are actions you can take to preserve your business and minimize the stress for both you and your employees.

Types of child custody and your rights as a parent

California parents who are facing a divorce or custody dispute know that the decisions made during this process will affect their children for many years. Child custody is often one of the most contentious issues in divorces, but parents can avoid unnecessary disputes and complications simply by understanding more about the child custody options available to them. 

Some parents do not realize that there are different types of child custody. In fact, there is much more to a custody order than just the amount of time you will be able to spend with your child. When fighting to protect your parental rights and the best interests of your kids through a beneficial custody order, it is immensely helpful to understand the differences between the different types of child custody. 

Are child support orders open to adjustments?

You and your former spouse went through the divorce process, and, in the end, a judge ordered you to supply financial support for your children. No big deal; you were expecting it. Now, months or years down the line, you've experienced a change in circumstances, so making that child support payment is not as easy as it once was. Is there anything you can do to reduce your obligation?

Believe it or not, you may adjust a child support order -- under the right circumstances. Wondering how you can do this?

Prenuptial agreements protect your personal interests in divorce

Getting engaged is a life-changing event for many people in California. You probably looked forward to the moment when you or your significant other had the opportunity to say "Yes" for quite some time before the right opportunity finally arose.

An engagement marks the beginning of a journey that two people plan on making through life, but amid the flowers, dress and venue shopping for the wedding, you might have forgotten an invaluable part of the process -- a prenuptial agreement.

What if my former spouse is undermining my parental rights?

The end of a marriage can bring out significant conflicts between the two parties. It is not easy to reach decisions about important child custody issues, and sometimes, these disputes can carry over long after the divorce is final. For some California parents, they may find that issues with their former spouses can continue to affect their custody arrangements and their parental rights.

Parental alienation and interference are threats to your rights as a parent and your relationship with your children. If your former spouse refuses to abide by the terms of your custody order, robbing you of your rightful time with your children, you have options. You do not have to sit quietly by, but you may take the necessary steps to fight for your interests.

Know what separates legal separation from a divorce

When a married couple decides that the relationship is over, they have the choice to move forward with a divorce or arrange to live separately. For some California couples, immediately moving ahead with a divorce is not possible, but simply moving out could leave both parties vulnerable to complications. In this situation, drafting a legal separation agreement could be beneficial. 

Legal separation functions much like a divorce does, but the separated couple will remain married. Having a formal agreement can make the time of transition easier, but it can also allow both parties to ensure the protection of their property rights and financial interests.


The updated 2017, Seventh Edition of The Essentials of California Family Law by Marshall W. Waller, CFLS, is available for purchase just in time for the upcoming October 2017, California Certified Family Law Specialist Exam.

Can I Get Legally Divorced Before All The Details Are Finalized?

There's no question that divorces take time, especially when there are contested or complex issues that can take years to resolve. Even spouses who agree on just about everything can still be hamstrung by a single issue such as division of a business or custody of a child.

Making divorce a smooth transition to single life

For a lot of unhappily married people in California, divorce is the end of an error. In most endings, there is always a touch of sadness, but if your marriage has been a source of drastic discomfort for some time, you will more likely be sighing from relief than crying from heartbreak.

If, on the other hand, most of the years you spent with your spouse were happy ones, you will probably experience a gamut of emotions -- everything from sadness, grief and anger to finally accepting that your marriage or partnership is has run its course -- whether that is a few months or many years. 

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William A. Feinberg 1928 - 2001

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