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Los Angeles Divorce and Family Law Blog

Lawmakers considering bills to update California family laws

The laws in California are not set in stone. As times change, lawmakers can take action to change them. Perhaps no area of law has seen as much change in the past few years as family law. As a result, there are five bills currently under consideration by state lawmakers.

One of those bills, AB2034, concerns the rights of adult children when it comes to visiting a parent who is married to someone other than the child’s other parent. This matter was recently in the news when Casey Kasem’s children struggled to see their ailing father in his last days, against the wishes of their stepmother. The law would make it possible for grown children to file a petition seeking visitation rights of parents who are dependent or possibly abused.

Lawyer may be of help to grandparents who want to see grandchild

When it comes to child custody and visitation matters, the focus is generally on the mother and father. In many families however, those individuals are not the only ones who play an important role in the life of a child. Grandparents may also want to see and spend time with their grandchildren. While in many cases this is easily achieved, there are situations when parents of children will not readily foster that relationship. If you are a grandparent in that situation, you are likely aware of how painful this can be.

60 day waiting period contributes to state's divorce ranking

Today's society loves lists. One can rarely go a day surfing online without running across a "best of" or "worst of" list. Because of this it should not be a surprise that someone has created a list of what he believes the top seven worst states to get a divorce in. In this individual's opinion, California is one of those states.

In reaching this conclusion the following factors were taken into consideration:

  • The minimum separation requirements.
  • The length of the residency requirement.
  • Waiting periods.
  • Cost of filing fees.

What divorcing individuals over the age of 50 should keep in mind

As younger married couples settle in to the routine, their counterparts, over the age of 50 are ending them at a pace more brisk than others. Today, a quarter of all marriages involving spouses over the age of 50, end in divorce. This is much higher than it was 20 years ago, when that number was 10 percent. Whatever the reason for the increase, there are several things that individuals in this demographic should keep in mind.

When it comes to divorce does wife's education level play a role?

People of all ages and from all backgrounds decide to end marriages each and every day. While the reason for that action varies from person to person the thing all have in common is a minimum of one of the partners wanting to end that relationship.

Readers may have heard that certain demographics were more likely to seek this option than others. Specifically, that the marriages of women who are more highly educated than their husbands, have a greater risk of ending in divorce. That notion was recently visited in a study recently published in the journal American Sociological Review.

Prenuptial agreement could protect spouses should marriage end

The decision to marry is not one that most people take lightly. It is about more than just love. When a couple unites in the state of California, there are economic and legal ramifications as well. California is a community property state which means that upon divorce, the couple’s assets and debts accrued during the course of the union will be equitably divided. Creating a prenuptial agreement prior to the wedding can impact the way in which those assets are handled not only in a divorce, but upon the death of one of the spouses as well.

What parents should know about child custody in California

While child custody matters go hand in hand with a divorce involving children, since couples need not be married to have children, the matter could arise at virtually any time. If a couple that resides in the state of California cannot come to an agreement on child custody, either on their own or via mediation, the matter will be referred to a court. While in general the court’s focus is on what is in the child’s best interest, there are several things that it will take into consideration.

Man jailed even after child support debt paid in full

When California readers are made aware of a child support enforcement action, it is usually the result of a lengthy process through which a custodial parent and the courts have tried every avenue of forcing compliance with an existing support order. These enforcement measures can include fines, the loss of assorted privileges and even jail time for the most striking cases. One recent child support case, however, has many across the nation wondering if certain enforcement laws are too rigid.

The case centers on a father who makes his child support payments through means of a payroll deduction. His employer withholds a portion of the man’s pay, then forwards those funds directly to the court. The mother is then able to access the funds, without having to communicate or interact with the child’s father.

Many women leave retirement assets on the property division table

Aside from matters concerning child custody, the division of marital property is the most important component of a California divorce. This is especially true for spouses who are nearing retirement age, for the plain fact that there are fewer years remaining to make up for severe financial losses. Property division must be focused on long-term outcomes, including the impact that the division of assets will have on retirement.

Taken as a whole, women are uniquely at risk of ending up on the wrong side of the division of retirement assets. While there are certainly exceptions, most women earn less than their husbands, and amass fewer retirement accounts. As a result, it becomes imperative to choose wisely when considering various property division strategies.

Judge finds against woman contesting divorce settlement

Readers are likely aware of how important it is to secure the best possible divorce settlement. Starting the next part of one's life is much easier when one is financially stable. While it is a good idea to take steps necessary to secure the best possible settlement, it may be possible to challenge the settlement reached.

The wife in what has been one of the most discussed high-asset divorces in the state of California as of late, tried to do this. Jamie McCourt challenged the divorce settlement that was reached on 2012 after close to 30 years of marriage. In addition to multiple homes described as "luxury," the woman also received $131 million tax-free in the divorce settlement.