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March 2018 Archives

What is a child custody evaluation?

The emotional status of children is a crucial issue in many California divorces. If the mental health of a child is disputed by the parents or if the court has other reasons to inquire, the court may order a child custody evaluation. Judges use the evaluations to assist them in determining the "health, safety, welfare and best interest of children with regard to disputed child custody and visitation issues."

Understanding the right to reimbursement in a California divorce

Most Californians who are considering divorce understand that assets acquired during the marriage must be divided equally between the spouses. One of the important exceptions to this rule is the so-called right to reimbursement. This rule states that if a spouse contributed money or other property to acquire a marital asset, that spouse is entitled to reimbursement for the payment or contribution separate from the division of property in the marital estate.

Resolving "move away" custody issues

California law requires parents involved in a divorce to submit a jointly drafted parenting plan to the court. Working out a child custody and visitation plan can be an arduous task for one or both parents. Regardless of the effort invested by the parents, such a plan can be rendered useless if the custodial parent decides to move to another city or another state and take the children along. What happens then?

Getting your ex-spouse to pay attorneys' fees in the divorce

One of the most common questions individuals ask when they are seeking a divorce is how will the attorney's fees be paid. In most civil cases, courts follow the so-called American rule and require the parties to pay their respective attorneys' fees. The same rule usually applies in divorce cases, but California law contains three important exceptions that may allow one party in a divorce to recover attorneys' fees from the other party.

Can mediation help a high-value divorce?

When it comes to divorce in Sacramento area, the more money and property involved, the more challenging the separation process. Many high-value couples do not realize that the moment they file their divorce papers, their situation becomes public. Privacy can be a very valuable commodity if you want to keep friends, neighbors, colleagues and even strangers from knowing about your marital assets and divorce details

Rep. Darrell Issa may be pulled into fellow congressman's divorce

Contested divorces often ensnare friends and business associates of one or both parties. Rarely, however, does a divorce pit one congressman against another. This unusual spectacle is now unfolding as Ohio Rep. Michael Turner is attempting to compel California Rep. Darrell Issa to give deposition testimony in his divorce.

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