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Riverside Family Law Blog

Filing for no-fault divorce in California

If you have made the decision to file for divorce, you may be surprised to learn that there are several options available to you. Knowing which choice is optimal for your situation, how to file and what to expect from the process can have an impact on your final divorce order.

One of the most basic and popular options is filing for a no-fault divorce. In the past, California couples would be able to file for a fault divorce, which would require one spouse to list a reason for the dissolution of marriage. This would often lead to difficult disputes as one spouse would have to prove that the other did something wrong. A no-fault divorce does not require a spouse to prove the other is at fault.

Shelter offers support and hope to domestic violence victims

As many California residents are aware, October is the month set aside for many social concerns such as breast cancer awareness and fire prevention. However, another important issue that is not talked about as often is domestic violence. Almost every week, the media reports on the serious injury or death of another victim lost to this senseless abuse.

According to a recent report, an estimated 33 percent of women in this country will be affected by domestic violence. These alarming statistics do not disclose what type of abuse the victims suffer as there are many different types, and not all will result in visible injuries. According to one state, approximately 1 1/2 percent of its population was affected by intimate partner violence last year. This month is set aside as a way to draw attention to the seriousness of this problem.

There are many sources to turn to for healing after a divorce

On a couple's wedding day, likely the furthest thought in the couple's minds is what happens if the marriage is not successful. Unfortunately, divorce is not uncommon, and an estimated 50 percent of marriages end in one. However, while it is not an easy process, a divorce can also be a path that leads to a brighter tomorrow for countless California families.

Recently, a list of resources was compiled that offers a more positive outlook on the entire divorce process and how a person can heal emotionally. These books may allow a reader to take a more measured approach to how life can improve after an unhealthy marriage is over. The authors address both the negative emotions that follow during this unsettled time as well as the good that a person may derive from going through the process.

An overview of California domestic violence laws

No relationship is ever perfect. However, while most adults and couples work through their difficulties without undue upheaval, many relationships are destroyed by domestic violence. Anyone in California who is struggling with this issue has the right to seek experienced help.

California spousal abuse laws are not restricted to a spouse or former spouse, but also apply to any intimate or formerly intimate partner. The law also applies to a parent of a child belonging to the victim. Domestic abuse encompasses more than a physical act. It includes other forms of control or manipulation, including emotional or mental abuse. Furthermore, if the victim is an older person, elder abuse laws may also apply.

Courts still reluctant to order shared custody

The expectations society has put on parents has sometimes been a difficult burden to bear. Each generation tries to get it right, and the following generation wants to parent in its own way. One constant is that children love both of their parents, and the time they spend with each parent is vital to their formation.

Recent generations may have cast aside traditional roles of men and women, but the notion that kids are better off with moms after a divorce still pervades family courts in California and beyond. One study shows that over 80 percent of court decisions grant full custody to mothers instead of agreeing to equal custody. However, it may not be for the reasons you think.

Security clearance makes dull dinner conversation

Your marriage has its share of turmoil just like any other. Problems with the children, in-laws, finances and other externals often create stress that you can only resolve when you and your spouse take a quiet moment to talk it over. If your spouse's work is the cause of stress, it may be more difficult to have those important conversations since you may not fully understand the requirements of your spouse's job or the reasons for the pressure.

This scenario is especially true in military families and particularly in those marriages where one spouse serves in Special Operations or Special Forces. The level of secrecy necessary for those working in such positions often makes it difficult for a marriage to survive.

Child custody: Girl safe after possible kidnapping

Having a family together is the dream of many couples. However, the happily ever after is hard to attain for many couples, and children are sometimes caught in the middle of a child custody dispute. There are countless California families who do find a way to ensure that the needs of their children are met regardless of the relationship between the parents.

Recently, it appears that one mother could not accept the fact that she was not awarded custody of her young daughter. According to a police report on a social media site, a 7-year-old girl was taken from her school by her biological mother. The woman purportedly does not have legal physical custody of the child and was not granted permission to remove the girl from school grounds. An Amber Alert was issued shortly after it was discovered that the girl was missing.

Location of filing in a military divorce makes a difference

When a civilian couple concludes that a marriage is no longer viable, the spouses file for dissolution in their state of residency. However, those who are seeking a military divorce do have options of where to file their paperwork. Service members currently residing in California may elect to file their petition here if doing so is most beneficial.

Spouses who are active members of the armed forces and decide that a divorce is the best solution to their marital difficulties likely have many decisions to make, one of which includes where one should file their paperwork. Such matters are not so clear-cut, as there may be a variety of circumstances that exist that makes such a determination necessary. Simply choosing one's current state of residency may not be the best option, particularly when the couple has not lived there for any appreciable amount of time.

Careful planning can protect retirement monies after divorce

No matter the circumstances, the end of a marriage effects on one's personal, emotional and financial life. However, though the emotions may have to be endured, there ways one can mitigate the harm his or her finances sustain during and after a divorce. While California laws dictate how property is divided, one can work to preserve retirement options in the future.

One of the first things that may be useful is to attempt to draw up a settlement plan with the former spouse. Though the division of certain retirement accounts is not always straightforward, being on the same page may be in both parties' best interests. Whether an accord can be reached, one of the first steps to determine an equitable split is to total the assets that both parties own. Once an accurate assessment has been made, it is up to the needs of the parties to decide the best approach to divide the accounts.

Defending against claims of child abuse is aspect of family law

Raising a family is never an easy undertaking, no matter one's background or social status. However, being accused of committing abuse of one's child or possibly neglecting the care of a child may be an emotionally exhausting and frightening situation. Both of these matters can fall under the purview of family law, and an experienced attorney may be able to help navigate these disturbing allegations.

Under California law, the definition of child abuse includes several different designations, including but not necessarily limited to physical harm through striking, hitting or slapping a child; sexual abuse; and emotional or mental abuse or other means of harm through exploitation. Neglect can be categorized as failing to provide the basic needs of a child or failing to provide proper supervision and guidance. A severe neglect allegation implies that a child's health is threatened.

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