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October 2017 Archives

Family law: How can establishing paternity benefit the child?

When a child is born to a married couple in California, paternity is automatically established. However, a child of an unmarried couple may be at a significant disadvantage if the name of his or her father is not registered. California family law allows unmarried parents to sign a Declaration of Paternity to establish legal fatherhood voluntarily upon the child's birth in the hospital. It may also be done after they have left the hospital.

Issues to address in divorce settlement negotiations

When a marriage ends in California, it is only natural for both parties to consider their post-divorce financial security and what to do to make the best of a difficult situation. For this reason, much more than the division of assets needs consideration during divorce settlement negotiations. One issue not to take for granted is Social Security benefits because, depending on the age of the divorcing spouses and the number of years they were married, it may be many years before he or she may be able to draw from Social Security. However, they can explore the options when they do future financial planning.

Child custody should never be a verbal agreement

Parents in California who are considering divorce may believe that they can come to agreements and work out a settlement rather than litigate their divorce in court; however, they are only partially right. Without the support and guidance of their respective attorneys, couples may wind up in costly litigation, particularly when child custody is only a verbal agreement. Either party could potentially disregard any agreement that is not authorized by the court in years to come, even if it is an uncontested divorce.

Divorce in California: What is a summary dissolution?

The process of ending a marriage in California need not be traumatic. California is a no-fault state, which means that there's no need to prove fault to obtain a divorce; it's enough to state that the parties have irreconcilable differences. Furthermore, for couples who meet certain criteria, the option of a summary dissolution is available as a less expensive and less time-consuming way to divorce.

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