Divorces are already challenging enough, and hard decisions need to be made about child custody, child support, and the division of property. However, if you own a business with your spouse, the division of a family business can bring an unexpected complexity to an already stressful event. Learn the different ways a family business may be divided or handled within a divorce. Continue to Co-Own Business While you are going through a divorce, you may not want to leave the family business for emotional or financial reasons. If you think that it is at all possible for you and your soon-to-be ex-spouse to work together cooperatively and continue to co-own the family business, this may be the best option for
If you are considering divorce, one of the options that you have available to you is mediation. If you believe that you can have a more amicable divorce, and one in which both spouses will take the opportunity to find mutual agreements for difficult and challenging topics such as child custody, child visitation, or division of property, you should consider divorce mediation. If you are considering divorce mediation, understanding the process and how to prepare can help ensure that you feel comfortable with the process and that your legal rights are protected. Who Participates in Divorce Mediation Divorce mediation in the State of California will include you, your spouse, a neutral party called a mediator and each spouse’s attorney, if
Child custody matters are typically decided during the divorce process. A court will make determinations regarding custody arrangements and child support matters that will take effect with the divorce decree. Courts will use the legal construct known as the “best interest of the child” on which to base their decisions, and their decisions will be final. However, there are some circumstances under which child custody matters may be modified following a divorce. Types of Child Custody This brief overview defines the different types of parental rights and custody options that a court will decide both during the divorce process and for any child custody modifications following a divorce. Physical Custody: A parent has the right to have the child physically
If you are in the process of a divorce, your spouse may be emotionally volatile, especially if they think you are to blame for the divorce or want to remain together. In many cases, one spouse will make the divorce process challenging for the other by refusing to cooperate or compromise on such issues as child custody, child support or the division of property. However, in other more severe cases, your spouse may cause you severe emotional abuse during the divorce that causes you emotional distress and mental anguish. No one has the right to emotionally abuse any other person in any circumstance. If you have been emotionally abused during your divorce, you have legal rights including filing a personal
If you are going through a divorce, you may be wondering how the marital property, assets, and debt will be divided between you and your spouse. Any property, asset, or debt acquired during the marriage is likely to be considered marital assets and debts by the State of California. Learn how property, assets, and debts can be divided during your divorce to ensure your financial and legal rights are protected. Assessing Value Unless the property or assets in question were covered by a pre-nuptial agreement or were an absolute gift directly and only to you during the marriage, they will likely be deemed marital property. If spouses cannot agree on the value of the property or assets, an independent professional
The holidays have past and you’ve decided this is the time to file for dissolution of marriage from your spouse. There are several important tips and ideas that you should consider and incorporate in your march towards dissolving your marriage to make the process more cost effective and efficient. First, work on a plan for custody and visitation regarding your children, assuming that there are minor children of this marriage. A well considered and thought out parenting plan for your children will hopefully minimize the stress and grief that your children may suffer as a result of the decision that you have made to dissolve your marriage. Take into account the level of access and interaction that your children have
Nationality and Parent’s Tears Notwithstanding, Courts Relentless to Protect Minors Not so long ago, the world seemed a very large place, and we all appeared very different from one another. With respect to the standards and practices of Family Law, however, the world is fast becoming a very small, homogenized setting. As recently as August 2015, actress Kelly Rutherford and her German-born ex-husband Daniel Giersch’s custody dispute about their two minor children landed in a U.S. court. That court ruled that the children must return to Monaco for the school year after a summer spent with their mother in the United States. Turning to the court of public opinion via the media, Rutherford cried that because the children are U.S.
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Fresh from what one online entertainment news site called the “summer of heartbreak” involving celebrity breakups, divorce remains an almost daily news item. After all, when one cheating spouse forces the other to make the gut-wrenching decision to file for dissolution, when minor children are affected, and when the pain of broken trust is insurmountable, you want to rely on a judge to mete out deserved punishment. And while that makes sense psychologically speaking, divorce courts don’t operate that way. In California, for example, one spouse’s affair has an almost negligible impact on the divorce proceeding. Any party in a marriage can file for dissolution of marriage for any reason -- or for no reason. The fact that one party