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Divorce – How do I protect my rights?

Divorce – How do I protect my rights?

If you are thinking about divorce, it might be a good idea to understand what your legal rights are during the procedure. Protecting your legal rights can ensure that you are on-track to possibly acquire what you want from your divorce. Whenever possible, make a good faith attempt to work things out, and always weigh the consequences of your actions. The following suggestions are intended for situations where a divorce is likely to become adversarial: If you have children, moving out too soon may impact custody later. However, if staying will cause tension between you and you and your spouse, try to minimize friction. Consider time-sharing the family home with your spouse until custody and divorce issues are worked out. Your spouse has no more right to take the children from their family home than you do. If you and your spouse cannot agree on divorce issues, contact an experienced family attorney to represent you. Cancel all jointly-owned credit cards because if the card remains jointly-owned during this process, you and your spouse will be equally responsible for any debt incurred. Safeguard all personal papers and make copies of important records, such as birth certificates, bank statements, real estate records, titles, deeds, tax returns, etc. Make a record of all marital property by video recording, if possible. Secure valuable personal property, such as a stamp or coin collection. Reduce unnecessary expenses immediately. Cancel unneeded utilities, such as cable TV, extra phone lines. If there is domestic violence, call the police immediately and request a restraining order. If you are considering divorce, consult with an attorney to find out your...
How can I get sole custody of my children?

How can I get sole custody of my children?

The court normally awards joint custody, shared custody or sole custody. Parents who are looking to win sole custody during a child custody proceeding should prepare themselves for what may be a difficult process. Sole custody differs from joint custody in that a sole custody case grants legal and physical custody to one parent, instead of both parents. The courts, in most cases, do not favor sole custody as the choice for the custodial arrangement for children of divorced parents. It is only ordered when it’s determined that one parent is not in a position to be able to properly participate in making major decisions and other tasks. The courts normally grant joint custody with one parent being designated as the primary residential custodian of the children and the other parent is granted reasonable and regular visitation. Both parents participate equally in making major decisions regarding health care, education, and day-to-day needs. One of the major factors a court uses to determine who will win sole custody is the best interests of the child’s. A parent looking to win sole custody should be prepared to discuss why joint custody will not serve the child’s best interests. Sole custody is when the child resides primarily, but not necessarily exclusively in the home of the parent who has primary custody. Additionally, the parent with the sole custody has the authority to make all major decisions pertaining to the children. The non-custodial parent may or may not have visitation and will not have the authority to participate in making major decisions regarding the child. No visitation is when the non-custodial parent is...

Post Judgement Modification

Rarely do our financial, employment and relationship circumstances stay the same over the years. You may have lost your job, remarried or relocated. Your former spouse may have failed to abide by the terms of your divorce decree. Decisions that made sense at the time of your divorce may not make sense now, and further legal intervention may be necessary. The court recognizes this by allowing for post-judgment modifications to many family law decisions, such as: Divorce Spousal support Child custody Visitation Child support These are only a few of the areas of family law you can may request a modification for. If you feel a need to modify one of these decisions, you must be prepared to demonstrate that you have experienced a significant change in circumstances, such as losing your job, having your income reduced or having another child to support. Convincing the court to modify a judgment, decree or decision can be challenging. You need a knowledgeable, experienced attorney to help you by arguing your case before the judge. Contact the Riverside County family law offices of Heath Baker to guide you through your issues so you can focus on moving forward with your...
Divorce and Bankruptcy

Divorce and Bankruptcy

Finances and debt can get very messy during a divorce. Money is the number one stress factor in many relationships. A recent study of 4500 couples has shown that there is a very strong link between financial disagreements and divorce. Of all factors that can contribute to a divorce, money is by far the most powerful. Couples that argue over finances tend to argue more longer and more intensely, resort to harsher language, and remember the bitterness and resentment much longer, and these sort of arguments tend to dramatically reduce relationship satisfaction and increase stress on the couple and any children they may have. While this trend is true across all income levels, the risk of money arguments increases as finances dwindle, and the anger and frustration of financial arguments can become even more intense when a couple is facing bankruptcy. To further complicate matters, the anger and stress of this kind of argument makes couples less likely to collaborate on financial planning and more likely to focus on the short term instead of trying to secure their future, perpetuating a vicious cycle of money trouble, stress, and intense argument, causing the marriage to fall apart under the strain. Income, Marriage, and Bankruptcy Qualifications Both spouses are responsible for the debts incurred during the time of the marriage. Your divorce settlement will divide up the debts, assigning responsibility for some to one spouse and some to the other. But that divorce settlement is between you and your ex-spouse; it doesn’t bind the creditor, who can collect the debt from either one of you.  If your ex files for bankruptcy after the...