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January 2018 Archives

Dividing property and debts in a California divorce

The California legislature presumably decided to make property acquired during a marriage community property to simplify divorces. This choice often has the intended outcome, but many divorcing couples still run into problems in negotiating property division issues.

Understanding the "best interests of the child"

For divorcing couples with minor children, the "best interests of the child" is perhaps the most dominant concept in the entire divorce. California law makes child custody, child visitation and child support dependent upon how the best interests of the child will be affected by decisions resolving these issues. A single blog post is inadequate to fully analyze the tests used by California courts, but an overview may be helpful to those considering a divorce.

What happens to pets in a California divorce?

An issue that is often overlooked in the early stages of a California divorce is the disposition of pets. Occasionally, only one spouse wants to keep the family pet, and the issue is easily resolved. In many families, however, both spouses and the children form intense emotional attachments to the family pet. Sometimes, these attachments can be as difficult to resolve as issues of child custody, visitation and property division.

Enforcing an order for spousal support in California

Many divorcing couples in California view the entry of the final decree as the end of the anger and frustration that infects many divorce proceedings. Unfortunately, some couples continue to engage in angry and manipulative behavior long after the marriage is officially over. One of the most common actions is the failure of the party charged with paying spousal support to make those payments on time and in the proper amount. Sometimes, the failure to pay support can be justified by the payor spouse's financial situation, but, in others, the failure to pay support reflects nothing more than the decision of the payor spouse to flout the order of the court.

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