Articles Posted in Spousal Support

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How to Recognize the Signs of Domestic Violence

How to Recognize the Signs of Domestic ViolenceDomestic violence is an issue that affects millions worldwide. It transcends age, race, gender, and social status. While most people recognize domestic violence as a physical act, it also can extend to emotional and psychological abuse. Sometimes, victims are able to recognize the abuse and seek help immediately, while other times, they are stuck in a cycle of abuse that can negatively impact every other area of their lives.

By understanding the often-hidden signs of domestic violence and how to seek meaningful support, loved ones can identify problems, and victims can begin the healing process faster.

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Guide to California Military Divorce

Guide to California Military DivorceSan Diego is home to more than 115,000 active-duty service members in the Navy and Marine Corps, so it makes sense for a law firm to reach out to those service members by providing legal services aimed specifically at representing those San Diego residents. Andrew J. Botros, APC understand the need for military-focused attorneys who have a deep comprehension of the laws that apply to military members. Representing military divorce clients falls under this category.

Military divorce can be a bit different from civilian divorce, and it is important to understand exactly how it is different if you are involved in a military divorce. Areas such as child custody, child support, property division, and even the initial petitioning for divorce can all be complicated for military service members. Below is a guide to understanding these differences within the realm of California family law.

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How to Bring Up a Prenup Discussion with Your Partner

How to Bring Up a Prenup Discussion with Your PartnerNo one plans for their marriage to end in divorce, but some people like to be prepared for things. A prenuptial agreement is like marriage insurance. No one plans to be in an accident, but some people take out a full coverage insurance policy to be prepared.

If you have assets going into marriage, the sensible and responsible thing to do is to protect those assets by developing a prenuptial agreement. Chances are you’ll never need to use your prenuptial agreement, but if you do, you’ll be glad it’s there.

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Do I Need to Add a Moving Clause To My California Custody Agreement?

Do I Need to Add a Moving Clause To My California Custody Agreement?During a California divorce, it can be extremely difficult for couples to reach agreements on decisions related to the future of their children, such as issues related to child support, child custody, and visitation. This process can be emotionally distressing for both parties involved.

On top of that, the topic of relocation often arises, as some parents may wish to move cities or states based on new life prospects.

In particular, California offers many new opportunities across the state, and many prompt parents to want to move. When drafting and executing a custody agreement, it’s important to take this into account and consider adding a “moving clause” to the custody arrangement.

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California Adoption – What You Need to Know

Contesting a Prenuptial Agreement

Many couples planning to marry decide to sign prenuptial agreements, also called premarital contracts, prenups, or premarital agreements. These legally binding contracts outline each party’s provisions, assets, and debts, including educational debts, medical bills, financial accounts, etc. They also set out the rights and obligations of both parties going into the marriage.

The purpose of these agreements is to provide protection for both spouses if they divorce later on. They may address such issues as property division, spousal support, and other aspects of divorce. The main regard of a prenuptial agreement is financial protection, as it is typically an area of caution when one spouse has a significantly higher amount of money, assets, or debt going into the marriage. These are voluntary agreements that require full disclosure of all financials, and they must comply with California state law to be enforceable.

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Why Are Premarital Agreements Important in California?

Why Are Premarital Agreements Important in California?

While they once held a more negative connotation, premarital agreements are becoming increasingly popular across the country. This is due to a combination of high divorce rates and the general need for people to protect their hard-earned property. Prenuptial agreements allow fiancées to detail important information regarding their personal assets, in addition to helping them outline how property should be distributed if a divorce occurs. If you’re about to get married in California, you should strongly consider creating a prenup with your partner.

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When Does Separate Property Become Community Property in California?

When Does Separate Property Become Community Property in California?

Property division is an essential aspect of divorce. In California, property is divided according to community property law. Any marital or community property must be split between spouses. There is a division between what is separate and what is community property, but there are situations where separate assets can become community assets. Because of this, property division can get legally confusing, and spouses can have disagreements about the classification of assets. It’s essential to understand how this may happen when separating property.

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The Difference Between Divorce vs. Legal Separation vs. Annulment

The Difference Between Divorce vs. Legal Separation vs. Annulment

A married couple or domestic partnership considering separation in California has several legal options available. This can be confusing and frustrating for some couples who are unsure what the “right” way to separate is. Couples can end or separate a marriage through divorce, annulment, or legal separation, depending on the circumstances of their marriage. The ideal option for your separation will depend on several factors. It can be helpful for couples to talk with a qualified family law attorney to understand if they meet the requirements for certain types of separation.

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Navigating the Maze of Property Division in a California Divorce

Navigating the Maze of Property Division in a California Divorce

Divorce is often a complex and emotionally charged process, with property division being one of the most contentious issues to resolve. Understanding the nuances of dividing assets and debts can be particularly challenging in California, a community property state. However, with legal guidance, divorcing couples in California can successfully navigate the maze.

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When Does Breach of Fiduciary Duty Apply?

When Does Breach of Fiduciary Duty Apply?

Many California spouses are unaware of their fiduciary legal obligations during the marriage. These duties are the same that apply to business partners. Fiduciary duty in marriage includes the obligation to act in good faith, avoid taking advantage of the other, and other fair and ethical obligations. What this means is that you should treat your spouse and your community assets with respect, and your actions should always be taken with your spouse in mind.

In marriage and separation, spouses must follow this duty. When a spouse breaches their fiduciary duty, they can be held legally accountable.

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