California family law attorneys on being friends with your ex

No reputed family law attorney in Los Angeles will ever suggest you to be friendly with your ex-spouse because the legal code says so. The thing is that if you do not want to maintain any relationship with your ex, then let it be. No one can force you. 

California family law attorneys are aware that although the law encourages the divorcing couple or separating parents to remain friendly with their ex-spouses after the court’s proceedings are over, it is by no means obligatory. 

Family law lawyers in California may suggest you that while it is invaluable to cooperate with your ex, especially if children are involved, it is very different from being friends.

Although society and law encourage the separated spouses to remain friends with each other, it is not always in the best interest of either the child or the spouses themselves.

Be friendly, but don’t confuse it being friends

It is not uncommon for people to be friendly with their ex. There is often a motive behind this; usually an unfinished business or feelings of guilt or even a hope for reconciliation. You may often overlook the fact that you separated in the first place because anger crept into your relationship and this anger is hard to set aside. Therefore it is advisable to believe that no friendship can ever be built on the ashes of a ruined relationship. 

Here’s why it’s a bad idea to be friends with your ex

• A healing process starts in mind after your relationship dies. Being friends with your ex can interfere with this. 

• It is more practical to focus on your children, if there are any, and the other person than keep on viewing your old spouse in them.

• It is easier to create a new identity as an individual if you have separated and are not friends with your ex. 

• You will need space to grieve the end of your once thriving and happy relationship. 

• The entire friendship-thing can appear forced to you if you are not ready for it. 

• You may confuse children by spending much time with your friends. It can make emotional separation harder.

Remain cordial, but being friends is a clear no

By no means should you be at war with your ex. But avoid being friends because of the reasons described just above.

Two factors court consider in California move away cases

California move away laws are complex. Ask any professional in the state about the toughest kind of custody cases and he or she is likely to name move away against. If a spouse decide to move - it doesn’t matter if he or she is moving five miles away or 5,000 miles away to a different country - a decision has to be made on where the child will live. Depending on how a judge interprets the California move away law, the spouse moving away can either get the custody of the child - in which case the child will have to move, too - or he can be denied the custody - in which case the parent and child will have to live at physically disjointed locations. In either situation, the child loses.

From the parents’ perspective, they are usually more interesting in knowing what factors determine the court decision. This blog attempts to help them.

The courts consider these factors when deciding on if to grant the custody of the child to the parent moving away or not:

• Stability and continuity: Courts look at how much time the child has been spending with each parents to appraise how the move will affect him or her and consequently decide weather to let the child move with the moving spouse or not.

• Distance: Courts consider how far one spouse is moving. They usually do not give it much of a thought if the moving parent is relocating not more than a few dozen miles (usually not more than two hours drive). Culture and language are taken into account if a parent is moving to another country.

In no way, this blog claims to be compress several volumes of the move away laws of California in less than 400 words. Therefore it is advisable to consult a professional family lawyer before deciding to make a move.

Two Reasons to Hire a Real Estate Attorney in California

The most significant purchase many Californians will ever make in their lives is real estate; a home or property. Irrespective of whether you are buying or selling your first property in Los Angeles, or it’s your second or third home; it is advisable to have a real estate attorney from California on your side. Here are two reasons to hire an estate planning attorney when buying a property in Los Angeles or anywhere else in California:

• Expertise

If there is one convincing reason to shell out hundreds of dollars to a real estate attorney in California while purchasing real estate, it is this: he or she brings expertise on table. Real estate laws in California are anything but simple. You can easily find yourself exhausted if you try to decipher - while purchasing or selling a property in the state - and still not come up with the right solution to problem that may arise unanticipated. A professional attorney can protect you against these problems. He or she is an expert. Having spend years of his or her life as a lawyer, he or she knows how to conduct real estate dealings smoothly; while maximizing the interest of the client.

• Safety

Houses in California are anything but cheap. Unless you are a billionaire, you cannot afford to be stuck a real estate deal gone bad. An estate planning attorney in Los Angeles can guarantee you safety. He or she can read through the contract to find any clauses that can lead to trouble later and warn you about their inclusion and ask the other party to remove them. At any rate, a lawyer’s fees do not usually amount to more than one or two percent of a property’s price. It is a fair price to way to avoid later troubles and ensure the safety of the deal.

In short, two big reasons to hire a real estate attorney while buying or selling a property is California are: safety and expertise.

How to find a child custody lawyer in Los Angeles?

California has some of the best child custody attorneys in the entire United States. But how do you locate them? Searching the internet may help because it will throw at you a list of family law attorneys in Los Angeles. Friends and acquaintances may also help with referrals. While all this sounds good, do you know what questions you will have to ask to distinguish the best child custody attorney from the chaff of paralegals? Do not worry, if you do not know the answer. This blog will help you make an educated decision. 

•  Right experience

While it is good to possess experience, not any kind of experience will do. That explains the tile - right experience. The American legal system is complex. Many top attorneys practice only one or two kinds of law. So when you go out to find a lawyer, make sure he or she has the right experience. Professionals who have deals in child support and custody cases are usually the right ones. Family law lawyers can also help. In contrast, it is a futile attempt to hope that a criminal lawyer can help you get the custody of your child.

•  Testimonials

Experiences of old clients speak louder than any advertisement. Ask your lawyer for testimonials

•  Out-of-court settlements are not bad

Sometimes your lawyer may suggest you to settle on an agreement outside the court. In some cases this is a good decision because out-of-court settlements are faster and less expensive. So when you hear that a case can be settled without the need for a trial; do not shrug off the suggestion as weak-minded or a cowardly act. Also such settlements are usually good for children - whose sensibilities can get extremely hurt by the proceedings of court. Finally, such suggestions can suggest you that you have found the right lawyer for your child custody case.

Understanding Child Custody and Support Law in California

August is Child Support Awareness Month. This is the time of the year when a number of events are held to increase consciousness about importance of money paid to the meet a child’s essential needs; such as food, clothing, housing, and childcare. Child support does not end at these basic needs. Sometimes a court may order one or both parents to pay for other things, such as camps, vacations, music lessons, and private tuition's.

Childcare is good. Unfortunately, the issue more often arises in the context of a contentious argument between separated couples and less so with the full interest of the benefits to the child. Battles over child support constitute a big problem in the U.S. But amid all the press coverage - that celebrities’ court battles receive - some crucial issues remain unnoticed. This blog is an attempt to look at those problems. It lists ten under-reported facts about child support that everyone - at least the separated couple - should be aware of; if only because it is in the interest of their child:

• Women make up 15 percent of individuals who pay for child support. This shatters the long held myth that men are the sole providers after separation.

• The average child support payment across the 50 states is over $400 a month.

• In 30 percent cases, the custodial parent never receives a cent of court-ordered child support payment.

• The federal government doesn’t mandate an adequate amount for child support.

• Although the custodial parents receiving child support payments does not pay tax on the amount, for the paying partner, it is taxable.

• Visitation rights and child support are legally different. It is not possible for a parent to stop paying because he or she is not allowed to meet his or her child.

• Bankruptcy is not a legal reason to stop child support.

• A family law attorney in Los Angeles can help parents make changes in child support.

• Asset seizure, wage garnishment, passport denial, and credit bureau reporting are some of the consequences for the parents not paying for child support. Sometimes the court can order a prison sentence.

Pros and cons of mediation during divorce

The idea of hiring a divorce attorney at the first hint of separation is tempting, but it can be costly. In some cases, a wiser strategy can be to opt for mediation. A professional mediator is often well versed with divorce and family law. His or her job is to help the husband and wife come to an agreement that is acceptable to both parties. A professional mediator can also assist resolution once divorce proceedings have begun. The option of mediation is attractive for many reasons not least of which is because it usually costs less. Mediation is also often a faster alternative to protracted litigation. Mediation is not without limitations however. This blog looks at the pros and cons of opting for mediation during a divorce:

Pros

Here are the advantages of mediation:

• Peace of mind as mediation of your divorce is usually more peaceful and less contentious.
• Faster agreements
• Less expensive
• Easier on children
• Greater chances of a better long-term relationship between spouses. This is particularly important if children are involved.
• More privacy as everything that goes on in mediation is protected by the confidential mediation privilege and not part of the public record or even admissible in court.
• More control because it is you making decisions, not the judge

Cons

As stated previously, mediation is not a silver bullet that will solve all your divorce issues immediately. When you opt for mediation, keep these facts in mind:

• You could end up wasting time and money if you and your spouse fail to reach an agreement.
• The agreement can be unfavorable to you if the mediator is biased toward your spouse.
• The agreement arising out of mediation may not enforceable as it can be challenged in court.
• The Court has the final say if a disagreement arises after mediation.
• There is a lesser chance of uncovering assets if one of the spouses is intent on hiding some or all of his or her assets.
• Mediation may not be as helpful in cases where one spouse is more domineering and the other spouse is more deferential.

Mediation is often a less contentious, expensive, and more peaceful way to obtain a divorce or resolve ongoing divorce proceedings before things spiral out of control. However it is not a silver bullet. It has its pros and cons. Therefore, choose wisely.

Three legal rights women have during divorce

Laws concerning dissolution of marriages are complex and vary between states. If you are a woman considering a divorce, consult an attorney who is aware of the family laws of your state. For instance, if you live in California, it is critical to find a California family law attorney, or a divorce attorney from Los Angeles whose expertise lies in divorce.  It is not advisable to partake in DIY (do-it-yourself) divorces, or accept counsel from the lawyer of your husband. Having your own attorney is crucial to protect your rights and minimize the financial and emotional burden. A lawyer can make you aware of your rights and present convincing arguments in your favor in court.

Although a lawyer is your best guide during your divorce, you can make his or her job easier if you educate yourself. This blog sets you on the path to learning that will go a long way to assist you during your divorce. It lists three legal rights you, as a woman, have during divorce: 

• Equal property rights

Courts recognize that the property claims of a husband and a wife are equally valid. As a woman, you have a right to 50 percent of all the property you acquired jointly with your husband during your marriage.

• Separate property

There are products and items that you use as a woman. These may include jewelry, clothes, and even your car. In many instances, this property remains yours after a divorce , particularly, if it was acquired prior to your marriage or was a gift. However, if these items were acquired during your marriage, courts sometimes order women to liquidate their precious items - diamond jewelry – and either divide the proceeds equally with their husband.

• Right to discovery

Division of assets is usually the most critical part of a divorce case. However, some husbands do not participate in the process honestly. They try to hide their assets. As a woman, you have a right to use all legal means - including orders from court - to force your husband to disclose all his assets for their honest and rightful division.