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No one can deny that parents must support their children, so child support is a mandatory component of a divorce action. However, the exact amount ordered was a serious point of contention at one time when child support amounts were mostly at the discretion of the court. A California judge would ...

By Michelle Farris Every parent worries about what divorce will do to their kids. It may keep you up at night or prevent you from leaving the marriage. But there are some things you can do to lessen the impact. Once you've decided to divorce creating a positive connection with your ex is the next...

Children of divorce can often have difficulty adjusting to the changes that come from their parents separating. When working out custody issues, it's best to keep in mind that your child's preferences and needs should be a top priority. There are many variations to a visitation schedule, allowing...

Making the choice to divorce is an extremely difficult one. You know that you are doing the right thing for yourself (and possibly your children), but that period between separation and divorce represents a major transition for everyone involved. It's especially challenging during the holiday sea...

Divorce can be a difficult process to go through, and when children are involved, care should be taken to make sure everyone's needs are considered. When it comes to the custody of your children, the court will make an order based on what the “best interests of the children” are. Main factors whi...

By Megan Thompson, CPA, CVA, CFF One of the main points of financial confusion in the divorce process is the tax filing of the parties. While you are married, you can choose from two filing statuses, Married Filing Separately and Married Filing Jointly, with Married Filing Jointly being the most ...

Like most parents, you're probably worried about how your child or children will fare following a divorce. It's natural to want as much control as possible over your child's future, especially if you're not comfortable making joint decisions with your ex-spouse. Child custody is a sensitive subje...

If you're going through a divorce, you may dread the idea of going to court. Television and movies often make divorce look like a heated battle where only one party emerges victorious. Lot of times it is exactly like that. Thankfully, that doesn't have to be the case. Many respectable and sincere...

You are probably familiar with many of the key issues that must be determined when a married couple elects to end their marriage, such as dividing property, establishing child custody and support, and potentially even paying spousal support (alimony). But those who live together for years without...

You have a child support order in your hand and you think the matter is settled. But now those payments are not being made, what can you do? More importantly when do you need to do it? In the State of California, you need to wait until the payment is 30 days late before taking any action. After t...

Are you a nonmarital couple or partner- living with a partner but are not married? Do you pool resources, have you bought property, own a business together?  If you answered yes to these questions your rights upon termination of the relationship may be affected. The State of California no longer ...

California law allows the parties to end their marriage in a simpler way through a process called Summary Dissolution. However, the situation of the parties must be such that a simpler way to end the relationship is allowed. To qualify for a summary dissolution of your marriage, here are the requ...

Most of the times, a party would own a certain property (typically, a house) and upon marriage, continue to own it and pay the liabilities (mortgage payment, taxes and insurance, etc.) subsequent to the marriage. The property is also refinanced several times and the spouse's name is not added (be...

Hiring experienced Family Law Attorney to help you go through a divorce safeguards your rights during the process. This is especially important when it comes to spousal support issues. Spousal support, also referred to as alimony or maintenance, is the money paid by one spouse to the other to hel...

With people living longer than ever, more people are finding themselves unable to remain in their marriage. They are not alone – divorces for older couples are on the rise. While these divorces typically do not involve some of the difficult aspects as people getting divorced at a younger age usua...

In the state of California, there are several divorce options. Unlike most states, California allows for no-fault divorce, which means that the dissolution of the marriage does not need to have a cause. Some other states require that the couple declare the cause of divorce, such as adultery or ab...

While there are many different kinds of divorce that a couple can get in California, most of them deal with a specific division of assets. The simplified divorce is intended for people that do not have assets nor have not been married for as long. This type of divorce is no-fault, typically takes...

There are many different types of divorce in California, all with various advantages that may work for each couple's unique situation. One of these types of divorce is a limited divorce. While this type of divorce is similar to a legal separation, it is a court process that allows the interested ...

There are many different types of divorce that you can get in California. Each situation is unique and the appropriate type of divorce depends on the couple, family, timing, and any assets. However, every type of divorce should have an attorney present, as hiring a lawyer can help the couple inve...

Divorce can give you the confidence to open up new opportunities in your life, such as a new job or a chance to live closer to family. However, some people are concerned about the implications that moving during a divorce may have, especially when children are involved. The courts usually decide ...

With the new Supreme Court ruling on the controversial Defense of Marriage Act (DOMA), and the overturning of Proposition 8 in July, many people are questioning what will happen to domestic partnerships in California.  Since same-sex marriage was legal in San Jose before Proposition 8, same-sex m...

Child custody can be one of the most complicated parts of a divorce. The courts require a custody and visitation agreement, which is a written document that outlines your child's living situation, factors associated with visitation, and each parent's role in making significant decisions for a chi...

California courts recognize that child support modifications may occur as circumstances and needs change throughout time. The State of California has developed a formula for determining how much child support will be awarded, considering several factors. If certain situations occur, such changes ...

The decision to seek a divorce is very difficult, and can be made even more complicated by strange divorce laws. Divorce laws are typically run on a state level, which means that they vary depending on where you live. In addition, divorce laws apply where you file the divorce, so a law that may a...

If you are having difficulties with someone abusing, harassing, or threatening you, or you have been accused of doing these things, you may want to consider a domestic violence restraining order. San Jose Family Lawyer Madan Ahluwalia of Ahluwalia Law is here to help you through the process of ob...