Articles Posted in Family Law

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Fremont Family Law Attorney advises California residents to keep an eye on the Elkins Family Law Task Force.

In 2008 the Elkins Family Law Task Force was commissioned to improve efficiency and fairness in family law proceedings , conduct a comprehensive review of family law proceedings and recommend changes to increase access to justice, ensure due process, and provide for more effective and consistent rules, policies, and procedures in family law courts across California.

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Blake Shelton and Miranda Lambert got officially divorced on July 20th of 2015. As of now, it is still unknown as to why the two decided to part ways, although they seem to be ok with the help of their music.

After it was released to the public that the couple had split, Chris Young was brought into the scenario, because of an accusation that there might have been an affair between Young and Lambert. Young persistently kept denying anything that was brought up between the two.

One late night in the WE fest of 2015, Miranda publically states that she wishes that she would have been drinking all day, saying she deserves it for getting divorced. The two were asking for privacy about this divorce, stating that they are real people as well, with real lives and families and that they don’t need this kind of publicity.

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San Jose Bankruptcy Attorney  comments the divorce, bankruptcy, and foreclosure that drove Jason Rodriguez to go on a shooting spree at his former employer.

America was horrified last week when Jason Rodriguez, a former engineer, returned to his former employer and began shooting, killing one and wounding five others.  Rodriguez’s life had been in a downward spiral for some time.  His wife had filed for divorce, he was behind on child support, and he had lost his home to foreclosure and had filed for bankruptcy protection.  These factors, along with an alleged mental illness, drove Rodriguez to his deadly rampage last week.

According to his bankruptcy filing, Rodriguez was behind on child support, and owed more than $90,000 in bills.  After losing his job as an engineer, he worked in the fast food industry and a brochure on unemployment benefits was on his car seat the day he was arrested.  Rodriguez offered little explanation for his actions other than he was going through a tough time personally.  His attorney claims that Rodriguez is mentally ill, and his former mother in law said he is schizophrenic and prone to paranoia.

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San Diego Family Law Attorney explains what you cannot do with a prenuptial agreement.

If you’re trying to decide whether or not to make a prenuptial agreement, you’ll need to understand what this type of contract can — and can’t — do for you. Here are some things you cannot do – or should not – do with a prenuptial agreement. . As a general rule, any agreement to do something that is illegal or against state-defined public policy will be considered unenforceable — and may even jeopardize other valid aspects of the premarital agreement.

Here are some things that you cannot do, or should not do in a prenuptial agreement:

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San Diego Family Law Attorney explains what you can do with a prenuptial agreement.

If you’re trying to decide whether or not to make a prenuptial agreement, you’ll need to understand what this type of contract can — and can’t — do for you. Prenuptial agreements are most often used for the following purposes:

Keep finances separate. Every state has laws designating certain kinds of assets accumulated during marriage as marital property or community property, even if these assets are held in the name of just one spouse. If a couple divorces, or when one spouse dies, the marital or community property will be divided between them, either by agreement or by a court. If you want to avoid having some or all of your individual accumulations during marriage divided up by a court, you can do so with a premarital agreement.

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Oakland Family Law Attorney explains what Senate Bill 54 means for California same-sex couples.

Same-sex couples in California who were married in other states prior to November 5, 2008 will be afforded the legal protection of marriage, if Governor Schwarzenegger signs the bill into law. Proposition 8, a voter initiative, ended same-sex marriage in California when it was passed in November, 2008. But Senate Bill 54 allows those marriages performed prior to the passage of Proposition 8 to remain valid.

What does this mean for same-sex couples who were married before Proposition 8 passed? It means that their families can remain together, and they are still afforded the legal protection of marriage despite the ban on same-sex marriage in California.

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Sacramento Family Law Attorney explains how to claim a domestic partner as a dependent.

If you financially support your domestic partner (heterosexual or same-sex), you may be able to file a tax return as a single person and claim your partner as a dependent. To be able to do this legally, you must meet the following five tests.

Support. The supporting partner must provide at least 50% of the other domestic partner’s total support for the year. Support includes food, shelter, clothing, medical and dental care, education, entertainment, and just about anything you can think of.

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San Francisco Family Law Attorney explains the benefits of domestic partnerships.

Domestic partners are unmarried couples, of the same or opposite sex, who live together and seek economic and noneconomic benefits granted their married counterparts. In a few states, domestic partnership status is offered and regulated by the state and grants many of the rights and responsibilities of marriage — generally limited to same-sex couples. In other places, domestic partnership is offered by smaller governmental entities or businesses and carries more limited benefits. In either case, benefits can include:

  • health, dental, and vision insurance
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Oakland Family Law Attorney explains the conservatorship process.

If someone close to you is no longer able to care for themselves, a probate lawyer can help you set up a conservatorship, also known as an adult guardianship, to make sure that your loved one is cared for and their property is looked after in a professional and competent manner.

Ideally, a person will have already appointed someone to care for their well-being and their estate plan, in the event that they do become incapacitated. If not, however, a judge can appoint a conservator for them. A person or an organization can be appointed to the role of conservator.