Family Law Archives

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.

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. 

How Can I Maximize a Successful Mediation Experience?

The most important thing to remember about family law mediation is that it is not an adversarial process. Mediation is the time to focus on solutions, compromise and resolution. Mediation isn't about resolving every issue, although it's a great opportunity to try to resolve as many as possible. When there's serious disagreement, some issues can't be negotiated and may require court intervention, but at least you can save money by settling what you can.

I'm About To Remarry, Can We Do Our Own Pre-Marital Agreement?

Pre-marital (sometimes called prenuptial) agreements are a great way to negotiate the financial terms of the relationship between you and your partner both during the marriage and after, rather than leaving everything to the rules imposed by the State. Some issues, such as child custody and child support can't be negotiated outside of the court's authority because those are issues that, as a matter of public policy, are not allowed to be changed by the parties from what the law provides. Many people put such provisions into a pre-marital agreement, but provisions impacting custody and child support are generally not enforceable, but most everything else is negotiable and enforceable.

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