The Law Offices of Steven M. Bishop, Attorney at Law, A California Corporation
Free Phone Consultations Available
619-535-0678

September 2013 Archives

IT IS NOT TOO LATE FOR A POSTMARITAL AGREEMENT

While most couples have heard of the importance of creating and signing a premarital agreement, not everyone does it. Once a couple has entered into the marriage, a post marital agreement can still be created. Discussing the important matters inherent in the process might offer both partners peace of mind.

IT IS NOT TOO LATE FOR A POSTMARITAL AGREEMENT

While most couples have heard of the importance of creating and signing a premarital agreement, not everyone does it. Once a couple has entered into the marriage, a post marital agreement can still be created. Discussing the important matters inherent in the process might offer both partners peace of mind.

FIVE MYTHS ABOUT CHILD CUSTODY DISPELLED

Chrystal Workman, mother of Modern Family star Ariel Winter recently lost nearly all her parental rights to her daughter in favor of her ex-husband, who will control Ariel's finances, and eldest daughter, who will step in to provide physical custody of Ariel. In the process, Chrystal's case helped to dispel one of the most common myths regarding child custody disputes - that the mother always gets the children. Here are four other myths which are widely held, but which are typically false.

FIVE MYTHS ABOUT CHILD CUSTODY DISPELLED

Chrystal Workman, mother of Modern Family star Ariel Winter recently lost nearly all her parental rights to her daughter in favor of her ex-husband, who will control Ariel's finances, and eldest daughter, who will step in to provide physical custody of Ariel. In the process, Chrystal's case helped to dispel one of the most common myths regarding child custody disputes - that the mother always gets the children. Here are four other myths which are widely held, but which are typically false.

CAN I RELOCATE AFTER DIVORCE?

According to California family law, a custodial parent has the right to relocate as long as the court determines that the move is not detrimental to the child. The statute itself does not elaborate on this, but instead leaves the determination to the discretion of the court. If the parent with primary custody of the child wishes to relocate, a judge considers the effect the relocation would have on the child and either grants or denies the request.

CAN I RELOCATE AFTER DIVORCE?

According to California family law, a custodial parent has the right to relocate as long as the court determines that the move is not detrimental to the child. The statute itself does not elaborate on this, but instead leaves the determination to the discretion of the court. If the parent with primary custody of the child wishes to relocate, a judge considers the effect the relocation would have on the child and either grants or denies the request.

IS MY EX ENTITLED TO HALF MY PENSION INCREASE?

When a couple divorces in California, all assets acquired during the marriage are considered community property. According to the laws of the state, these assets are divided in half. If the parties also own separate property, it is not subject to division as long as it was kept separate during the marriage. Some assets are a combination of separate and marital property and must be treated according to certain laws.

IS MY EX ENTITLED TO HALF MY PENSION INCREASE?

When a couple divorces in California, all assets acquired during the marriage are considered community property. According to the laws of the state, these assets are divided in half. If the parties also own separate property, it is not subject to division as long as it was kept separate during the marriage. Some assets are a combination of separate and marital property and must be treated according to certain laws.

SEVEN TIPS FOR NEGOTIATING WITH YOUR EX

During the process of separation and divorce, and for many years following you might need to negotiate certain issues with your ex. It is ideal if you and your ex can establish a working relationship, especially if you share children. If you find that you are not able to speak to each other directly, or need help resolving certain issues, you might consider hiring a divorce lawyer.

SEVEN TIPS FOR NEGOTIATING WITH YOUR EX

During the process of separation and divorce, and for many years following you might need to negotiate certain issues with your ex. It is ideal if you and your ex can establish a working relationship, especially if you share children. If you find that you are not able to speak to each other directly, or need help resolving certain issues, you might consider hiring a divorce lawyer.

Seven Tips for Dating After Divorce

The process of separation and divorce can leave you feeling drained and lonely. Take some time once your divorce is final to get back on your feet. When the time is right, you might decide to start dating again. If you've been out of the dating pool for a while, it's important to know that the rules may have changed a great deal, though common sense has not. Internet dating is a boon to busy singles, especially those with children, but there are dangers.

What is the Elkins Legislation?

In 2011, The California Supreme Court upheld the Elkins Legislation, a 2007 law that provides expanded resources for cases heard in the state's family court. In 2005, Elkins, who represented himself, argued that existing family court regulations for submitting evidence created unfair standards for families in divorce proceedings. Elkins argued that the existing regulations led to an unfair division of his marital assets. In 2007, the Supreme Court upheld legislation requiring the Family Court to increase resources and to allow litigants same opportunities for presentation of evidence as any case in a civil court.

Divorce Vocabulary Updated

The World Of Divorce Has Changed A Great Deal Over The Last Few Decades, And California's Court System Has Made Great Attempts To Keep Up With The Wave Of Change. The Many And Frequent Changes In Legal Statutes Governing Divorce Law Reflect Changing Attitudes With Regard To Parenting, The Role Of Fathers And The Reality Of The New Type Of Family.

Support for Teenagers During Divorce

Divorce can be hard on children, and all the more so for teenagers. The developmental challenges of adolescence are often compounded when the home environment is going through a period of transition. If your teenager is not thriving the way they used to, seek help from a mental health professional. Your attorney can provide you with a list of referrals in your area.

Strategies for Divorcing a Violent Partner

Making the decision to leave a violent or abusive partner can seem daunting. Many victims of marital abuse do divorce their partners, and you can too. Here are some strategies to help you begin the process of separation and divorce.

Email us for response

Contact Us Today

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Discuss Your Case With An Experienced Family Law Specialist

Map Location

The Law Offices of Steven M. Bishop, Attorney at Law, A California Corporation
591 Camino De La Reina Suite 700
San Diego, CA 92108

Phone: 619-535-0678
Fax: 619-299-0316
Map & Directions