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family law Archives

When a custodial parent is incarcerated

When California parents who have primary custody of their child become incarcerated, it can be difficult to make decisions about what will happen to the child. In most cases, the court will become involved and will be making decisions that are in the best interests of the child.

Ways of dividing student loan debt in a divorce

Since California is a community property state, student loan debt may be considered a shared obligation in a divorce. This means that even if only one person went to school using the loan, both might be responsible for paying it back. However, this is only the case for loans incurred during the marriage. If both people had student loans before they were married, then most likely, each person's student loan debt will be considered their own in the divorce.

Divorce mediation and contested custody

The custody of any marital children can often be one of the most contentious areas when a couple is going through a divorce. Both parties may want primary physical custody, or one spouse may ask the courts to deny their soon-to-be ex-partner any rights to visitation. The result can be a drawn-out process where a judge makes the final decision instead of the parents. That, in turn, can create a situation where no one, either parent or the children, are happy with the outcome of the divorce proceedings. Divorce mediation is one of the easiest ways to avoid having the terms of custody in your divorce decided by a judge instead of by your family.

The pros and cons of stepparent adoption

California stepparents who are considering adopting their stepchildren should consider the pros and cons. There may be a number of reasons to do so. Ensuring that the child can inherit from the stepparent, giving the child equal status in the household and demonstrating a commitment to the child are all good reasons. Furthermore, if there is no legal adoption and the biological parent that a person is married to dies, then the stepparent may lose all access to the child.

Does a husband's unemployment predict divorce?

Going through a divorce is almost always a sticky situation, but when one of the people is unemployed there is a new element to consider. Being unemployed, especially when it is not by choice, plays an especially big impact on men who see increased divorce rates for those who began their marriage since 1976.

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