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Less Costly Divorce Alternatives Exist in California

December 10, 2010/in Family Law /by Mitchell Ehrlich

A study that came out earlier this year reported a decline in the number of divorces occurring during the recession. In 2005, the divorce rate was 17.3 percent. This number sank to 16.4 in 2009. Yet, depending on how you interpret the results, this could be both good and bad news. The good news is that there are fewer divorces which may mean that some couples may be finding ways to work through rough patches. However, the bad news is that this could also mean that couples who are badly in need of a divorce are not seeking them due to financial strain. For the article discussing the study, please click here.

Do you feel stuck in a dead-end marriage but can’t afford to get out? If so, you have many options available to you. First, it is likely a good idea to seek the advice of a qualified family law attorney. Your lawyer can help you figure out what is the best way to meet your goals. For example, your lawyer may suggest you try divorce mediation. Divorce mediation is a process of divorcing where a neutral third party helps the couple divide assets and make decisions regarding custody and other issues. Your attorney may suggest divorce mediation if the divorce has been a mutual decision and if both parties have no desire to reconcile.

If divorce mediation is not an option, your attorney may suggest filing for a legal separation. A legal separation does not legally end your marriage. Rather, it allows you and your spouse to live separately and make sole decisions about money, property, and parenting issues.

For more information about more affordable divorce alternatives please contact us. Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

Who Gets the Dog?! A Recent Case Sheds Light on Pet Custody

December 2, 2010/in Family Law /by Julia Lemon

What do you do if you cannot imagine parting with Fido, Fluffy, or Rover, but you know your soon-to-be ex-spouse feels exactly the same way? A recent Maryland court decision dealing with pet custody addressed this very issue, and in a somewhat controversial move, awarded joint custody of the pet to both spouses. The spouses in this case both wanted custody of their beloved Shih Tzu mix, Lucky. After the judge considered both sides’ arguments, he decided the only fair option would be to award both spouses custody of Lucky for 6 months of the year.

In California, domestic pets, such as dogs and cats, are generally considered property. Thus, the approach taken by the Maryland court, which handled the pet custody issue in a method similar to child custody cases, is quite controversial.

In recent years, California has been more willing to protect pets throughout the divorce process. In fact, the California Family Code allows a court to grant one spouse the exclusive care, possession, or control of a pet. Likewise, a court can also order one spouse to stay away from a pet or refrain from taking, striking, harming or disposing of a beloved animal.

However, one of the main problems is that allowing a court the latitude to make such unique pet-custody rulings will result in further backlog an already congested court system. However, this approach can reach more equitable and satisfying outcomes for ex-spouses. For the full article, click here.

If you live in the Silicon Valley area and are concerned about what will happen to your beloved pet after your divorce, please contact the attorneys at Lonich Patton Erlich Policastri for more information. Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

Thanks to Chau Law.

There are Several Different Avenues for Pursuing a Child Support Order in California

November 23, 2010/in Family Law /by Mitchell Ehrlich

Child support is a certain amount of money that a court instructs one parent of a child to pay the other parent. The court’s instruction is detailed in a document called a child support “order.” The child support money is used to financially support the child. If you are having difficulties supporting your child after a divorce, or if the other parent is not pulling his/her weight, you may want to contact a family law attorney for advice.

First of all, if you have been the victim of domestic violence by the other parent you may ask for child support when you are seeking a domestic violence restraining order. If you are married or in a registered domestic partnership and have a child from that union, you can also seek child support as part of a dissolution of that marriage or domestic partnership. The legal procedures differ slightly depending on whether or not you are married or in a domestic partnership with the other parent of the child. Regardless, the procedures all lead to the same result, a child support order. In order to begin this process, you must file a court case. After you file the case, the court may then decide to grant you the order for child support. In addition, if you do not want to file for divorce or legal separation, you can file a Petition for Custody and Support of Minor Children and Summons. This also allows you to seek child support from your spouse.

If you are not married to, or a domestic partner of, the other parent, you may ask for child support in different instances. First, you may ask for child support if you file a parentage case to determine who the legal parents of the child are. Second, if you have signed a voluntary Declaration of Paternity, you may choose to file a petition for Custody and Support of Minor Children as well.

If you are confused about what is your best option for successfully obtaining child support from your ex-spouse, you may need professional guidance. Please contact us for more information. Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

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