Articles Tagged with McCourt divorce

Voluntary Declaration of Parentage in San Diego

Voluntary Declaration of Parentage in San Diego

A voluntary declaration of parentage (VDOP) is a legal form that creates parentage for a child in California outside of the court system. When both parents sign a VDOP, they both attest that they are the child’s legal parents, which gives the father/second parent all of the rights and responsibilities as if a court had ordered parentage.

In San Diego, most voluntary declarations of parentage are signed at the hospital at the time of birth, but may also be signed later at an office. It is useful for California parents to understand the VDOP process, where to sign a VDOP, and the legal effects of signing to help protect parental rights and provide benefits to the child.

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Dividing Community Property in a California Divorce

Dividing Community Property in a California Divorce

Dividing community property in a California divorce is a crucial step in the process of legally ending a marriage. As California is a community property state, most assets and debts acquired during the marriage are considered jointly owned and must be divided equally between spouses upon divorce. Understanding how community property laws work in California is essential to ensure a fair and equitable division of assets and to protect your financial rights and interests.

Property division may involve vehicles, real estate, retirement accounts, bank accounts, and even certain debts. Familiarizing yourself with what is considered community property versus separate property can help you better prepare for negotiations or court proceedings with a clear understanding of your rights and what is subject to division.

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Understanding How California Determines Spousal Support Payments

Understanding How California Determines Spousal Support Payments

Spousal support can be an important part of your California divorce, helping the spouse with a lower income maintain financial stability during and after separation. It’s important for the paying and receiving spouse to understand how California determines spousal support payments.

The court may award temporary support during the divorce or long-term support following divorce. The length of the marriage, both spouses’ income and earning potential, and other factors will play a role in the court’s decision. Understanding the types of spousal support and calculation methods will allow you to be prepared for negotiation and litigation.

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Non-Traditional Families and the Law

Non-Traditional Families and the LawFamilies today don’t always follow the “Mom-Dad-Kids” template. Around San Diego, you’ll find LGBTQ+ co-parents, polyamorous families, platonic co-parents, cohabiting exes, stepparent blends, and chosen families of every kind. Yet, California’s legal framework, which is built largely for traditional two-parent, biological scenarios, can leave these modern families vulnerable.

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The Reality of Divorce PTSD

The Reality of Divorce PTSDDivorce is often talked about as a legal process, referencing a set of documents, court dates, and custody schedules. However, for many adults, divorce can shake their sense of safety, identity, and trust, leaving emotional wounds that feel more like trauma than just heartache. Legally, people tend to focus on the logistical divorce process and assume it is over after these tasks are completed. However, there is a reality to divorce PTSD that affects many divorced individuals.

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The Role of a Forensic Accountant in Property Division

The Role of a Forensic Accountant in Property Division If you’ve ever heard the term forensic accountant, you may or may not understand exactly what their job responsibilities are. While they do not solve murders by poring over their clients’ bank records, their job is important in uncovering financial crimes or discovering hidden records and transactions. Forensic accountants use their auditing, accounting, and investigative skills to discover things within financial records that just don’t seem right.

In corporate law, forensic accountants are used to find embezzlement, fraud, and other white color crimes. They prepare detailed reports of their findings for use in investigations, litigation, testimony, and as evidence. Forensic accountants in family law, however, play a slightly different role. Family law attorneys typically bring in forensic accountants in high-asset divorce cases when one spouse suspects the other may be hiding assets.

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Custody Cases With Domestic Violence

Custody Cases With Domestic Violence California Family Court is conscious of the need for assistance and programs that address the issues of domestic violence. At the same time, whenever possible, they want to allow every child to have the opportunity to have a relationship with both parents, despite the presence of domestic violence. The interest of the child must be held paramount to all other considerations, as well as the protection of the child’s primary caregiver.

Domestic violence occurs more often than most people realize and affects many families in California. Domestic violence significantly impacts family law when the courts must rule over custody orders for divorcing parents or those parents involved in custody cases in which domestic violence is present.

In some cases, supervised visitation is the answer. In other situations, protective orders are necessary. Every case that involves domestic violence is unique, but every case is, at the same time, handled with care. When a case involves domestic violence, the law makes it clear what the outcome for custody orders should be.

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Cracking the Code on Attorney/Client Privilege

Cracking the Code on Attorney/Client Privilege Many people don’t realize that the attorney/client privilege applies to all attorney/client relationships, even those existing within family law. For instance, when a spouse hires a divorce attorney, they should feel comfortable disclosing the full truth to their attorney without fear that it will be divulged to other parties, even to their spouse’s opposing legal team.

While the attorney/client privilege is a pillar of the American judicial system, there are some instances when states have to refine the law and add exceptions to the rule. We’ve outlined the client/attorney privilege as it affects California family law.
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Can California Child Custody Mediation Work for You?

Can California Child Custody Mediation Work for You? For many parents who disagree on child custody, family law mediation can be a step in the right direction. Mediation is a last-chance effort to establish agreeable terms and avoid litigation.

In many cases, parties enter into mediation hoping to find common ground regarding child custody, but what they find is that they come out of mediation better communicators. Learning the basic skills of productive communication can be life-changing for some parents.

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4 Ways to Protect Your Assets During a Divorce in California

4 Ways to Protect Your Assets During a Divorce in California One of the important steps in finalizing a divorce is determining how to divide property between the two spouses. In some cases, the division of property can be simple and straightforward. However, it’s possible for complications to arise. It can be helpful to understand the top five ways to protect your assets during a divorce in California to avoid these situations.

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