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Benefits of a Premarital Agreement

Benefits of a Premarital Agreement

Divorce
Premarital agreements make a lot of people uncomfortable. For many, they think that making plans for a potential breakup of the marriage is the same thing as expecting it to fail. The reality is, however, that premarital agreements can protect everyone’s future and may even make a marriage better. What are Premarital Agreements? Premarital agreements, also known as “prenuptial agreements” or simply “prenups,” are contracts into which people who are getting married can enter. They usually address the way that the finances will be handled in the event that the marriage ends or certain events happen. For example, a premarital agreement could include terms that keep certain assets solely in the name of one spouse or that prevent the other party from seeking maintenance in the event of infidelity. Premarital…
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Signs of Possible Parental Alienation

Signs of Possible Parental Alienation

Child Custody
Child custody battles can be stressful, especially if one parent tries to gain a wrongful advantage over the other. This might include making false allegations of abuse, harmful lifestyle choices, and more. One particularly concerning tactic is parental alienation. Parental alienation happens when one parent takes steps to turn the child against the other parent. A child in this situation might state they do not want to live with the disparaged parent and may only favor the alienating parent. It is important to identify when this might be happening - both for your custody rights and because parental alienation can be emotionally harmful to a child. Some signs of possible parental alienation include: Your child knows details of your divorce or breakup from the other parentYour child accuses you of…
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Divorce Negotiations

Divorce Negotiations

Divorce
When two people decide to get divorced, it is often because they are having trouble agreeing on certain issues in their lives. They then face the conundrum that a divorce can be much easier if spouses can reach agreements on all major issues, including child custody, child support, spousal support, and community property division. The good news is that spouses do not have to agree on everything from the outset in order to avoid litigation and save resources. Instead, the right California divorce lawyer can facilitate negotiations and other options for you to try to reach an agreement out of court. First, each spouse and their respective attorneys will trade information, so all parties have the full picture of finances and other circumstances of the marriage. Then, the attorneys can…
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Are You Considering Divorce for 2021?

Are You Considering Divorce for 2021?

Divorce
2020 was a difficult year for most people, whether it was challenging financially, emotionally, or both. Families felt a lot of pressure, and marriages were certainly challenged. If you believe that you cannot resolve the conflict between you and your spouse - or you think your spouse wants to end the marriage - do not hesitate to learn the steps you can take to prepare for divorce and protect your rights. Learn about Your Options Knowing your options for how divorce cases proceed in California can help you get an idea of what to expect. An attorney can assess your situation and advise you which of the following might be the course of your divorce: UncontestedContestedMediationCollaborative divorce The type of divorce you will have will depend on your goals and…
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Do You Need a Child Support Modification?

Do You Need a Child Support Modification?

Child Custody
Millions of people have been furloughed or lost their jobs since March of 2020, and the financial struggles continue for both households and businesses. If you are unable to cover your bills, it can be tempting to take a break from making your child support payments. This is a mistake, however, as courts do not excuse payment due to unemployment, and you could face penalties for violating your support order. However, there is an option to give you some relief from child support due to unemployment. You must petition the court to modify your child support order based on your new financial situation. Until the court grants a modification, you are expected to continue with your initially-ordered payments. Do You Qualify for a Modification? Judges will not grant every request…
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Custody Concerns Stemming from COVID-19

Custody Concerns Stemming from COVID-19

Child Custody
The COVID-19 pandemic is difficult for everyone, though it can be particularly concerning for parents who share custody of their children. It can be nerve-racking to send your child to their other parent’s house, though it is important to stick to your custody order as much as you possibly can while still considering the best interests of your child. Stay-at-home orders should not negate a shared custody order. Parents should never refuse to hand over their child due to stay-at-home orders, though there are some situations in which a custody arrangement may need to be adjusted during this time. Some circumstances include: If the other parent is a healthcare worker or regularly exposed to COVID-19, you might agree to have your child remain living with you during this timeIf your…
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The Role of a Successor Trustee

The Role of a Successor Trustee

Uncategorized
Trusts are legal instruments that can benefit people as part of an estate plan. When you create a living trust, you will serve as the trustee while you are alive and have the mental capacity to do so. However, if something happens to you, you will need someone to take over as the successor trustee. It is important to understand this individual’s role so you can designate the right person. Administering the Trust There are many tasks involved in administering a trust following someone's death, and the specific responsibilities will vary depending on the circumstances of the trust. Some responsibilities might include: Managing the trust property, including making investment decisionsPaying all necessary bills and taxes from the trustKeeping beneficiaries informed of the state of the trust propertyDistributing trust property to…
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Is Your Spouse Hiding Assets?

Is Your Spouse Hiding Assets?

Divorce
In a divorce case, California law requires that spouses divide all community property equally. This means that absent a valid prenuptial agreement, you are entitled to half of the total property and assets you acquired during your marriage. While this seems like a fairly straightforward requirement, many spouses might try to conceal assets or engage in other deceptive tactics to try to keep more than their fair share in a divorce. There are different ways your spouse might try to hide assets in your divorce, such as: Failing to disclose certain accounts or propertyDevaluing property or understating asset values Understating or delaying incomeMaking large purchasesGiving away assets to others until after the divorceMoving assets to secret accounts Fair divorce outcomes are dependent on open and honest disclosures regarding income, property,…
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Choosing Your Power of Attorney

Choosing Your Power of Attorney

Power of Attorney
The power of attorney document is an important aspect of any comprehensive estate plan. While a will protects your estate after you pass away, a power of attorney protects your interests and finances should you become unable to manage your affairs yourself. Your power of attorney gives significant authority and access to the individual you choose, so you should give careful consideration to your designation. Family Members Many people want a close family member to be in charge of their affairs if they become incapacitated. For example, many spouses have the other one as their power of attorney. This can make sense because your spouse often knows your affairs better than almost anyone else. However, you need to make sure that you change your power of attorney if you get…
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Preparing for a Divorce Case

Preparing for a Divorce Case

Divorce
Most people do not get married while anticipating a divorce case down the road. However, many people might have a feeling that divorce is in their future before a case is filed. If you are in this situation, there are some things you can do to prepare for a possible divorce. Gather Important Documents It is important to have a picture of your financial situation going into a divorce. Further, when your spouse learns about the divorce, they might try to make it difficult for you to access certain records or information. In advance, it is wise to gather the following (among any other relevant documents): Bank statementsInvestment accountsCredit card and loan statementsSocial security cards and birth certificates for the whole familyInventory of personal propertyTitles and deedsRetirement accountsPay statements for…
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