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August 2013 Archives

What Else Can My Divorce Attorney Do?

Most people considering divorce are familiar with the stereotype of the shark-like attorney in a contentious courtroom. Today's divorce attorney should be capable of a great deal more than taking an aggressive legal stance or promising a large financial settlement. A good divorce attorney provides a host of services that both streamline the process of reaching an agreement and provide services you might not know you need.

Grandparent Adoption

In March of 2009, the California Supreme Court upheld a decision that allows legal guardians to adopt children after they have resided with the guardians for a period of two years. Supporters of guardians' right to adopt say this is good news for grandparents, a demographic that is increasingly rising, and now adopting, their grandchildren. 

Finding Financial Stability After Divorce

A study by the US Social Security Administration shows that over 20 percent of divorced women over the age of 65 are impoverished. While it is statistically true that more women suffer financially than men following a divorce, women can empower themselves to gain financial independence and stability faster by planning for their financial future.

What Can I Change After My Divorce?

When you get divorced, a great many things change. Some of these things are beyond your control. Others, however, demand a bit of attention. While you are meeting with your divorce attorney, consider taking some extra time to change things that are affected by your change in marital status.

Emancipated Minors

Children are not technically allowed to divorce their parents, but under certain conditions, a child who is between 14 to 18 years old, may request permission to become legally emancipated from their parents. An emancipated minor is a child who is under 18 years of age and chooses to become fully responsible for their own medical care, educational decisions and living arrangements.

Grandparents' Right to Visitation

In 2000, the United States Supreme Court overturned Troxel v. Granville in which the parents of their deceased son petitioned a Washington State court for more access to their son's children, their grandchildren. The decision, which included six opinions on the matter, sparked a lively discussion on the subject of grandparents' rights to visit and parents' rights to make such determinations for their children.

Visiting an Incarcerated Parent

The parent-child relationship is never more complex than when one parent is incarcerated. Even when a parent has been convicted of a crime and is serving time in prison, that parent can still have appropriate contact with their children as long as it remains in the best interest of the child. When arranging visitation with an imprisoned parent, it is essential to prepare the child in every way possible.

The Mythical 10-Year Rule of Divorce

Many Californians may be under the impression that if a marriage passes the 10-year mark, the higher-earning spouse becomes obligated to pay spousal support to the lower-earning spouse for the rest of their life. That is not the case, but there are some clear advantages to staying married for 10 years prior to divorce.

What is Supervised Visitation?

When certain conditions exist between a parent and children, a judge might determine that supervision is required during visits. A judge assigns a neutral third party to be present at the time of visits in order to create a safe environment for visits to take place.

Dividing Your Assets and Debts After Divorce

California is a community property state. Under California law, all of the assets and debts belonging to a married couple are divided equally upon divorce. When you are preparing to meet with your divorce lawyer, there are some ways you can begin to think about division of property and assignment of debt.

PASSPORT LAW AND TRAVELING ABROAD WITH CHILDREN

If you are divorced and share custody of minor children, it is a good idea to familiarize yourself with federal laws governing travel outside of the United States. The law requires that, married or not, both parents must be present and give consent for acquisition of a passport for a child under the age of 14.

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San Diego, CA 92108

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