In California, if one spouse, ‘the petitioner‘, files for Divorce, does the other spouse, ‘the respondent‘, have to leave the communal home? The simple answer is ‘NO‘. The ‘respondent’ has a choice:
- to voluntarily leave the home
- to stay in the home
- to file a restraining order if there is abuse or threatening behavior; this can force the abusing spouse out of the home
It is important to note that ‘abandonment‘ or leaving the communal home will not impact the division of assets. It does determine who has temporary rights to the home.
Leaving the home may influence the custody and visitation of children. This would be dependent on whether the children leave the home with the parent or the parent leaves the children behind.
Our Divorce Lawyers will discuss your legal rights with regard to the communal home. In some cases the petitioner may want the respondent to leave and this is disputed. In other cases, the respondent may want to leave but has questions about children. Likewise, both parties may be in agreement as to who will live in the home and how they will proceed while the Divorce is in progress. Our Lawyers explain the consequences of both staying in the home or leaving.
For more answers to your questions about Divorce and community property, please call L.A.W. –THE LAW FIRM THAT OFFERS LOW FLAT FEES–@ 1-800-HELP-444 (1-800-435-7444) or visit our website www.LegalActionWorkshopLAW.com .
Posted in Abandoning the Family, Abandonment, Child Custody & Visitation, Child Custody in California, Custody, Division of Property, Divorce, Divorce and Family Law, Divorce Attorney, Divorce Lawyer
Tagged California divorce, California flat fee divorce, child custody, division of property, flat rate divorce, legal rights
Child Support Services may send you a notice in the form of a letter or serve you with a complaint. If they send you a letter, they may be asking for information or confirming that you have a child who requires support. If they serve you with a complaint, you will need to ‘answer‘ it and prepare for a hearing.
If you get a letter, it is best to call or reply with the information that they require. They usually ask for verification of income for the purpose of calculating child support. However, if they alert you of a child of whom you are sure you are not the father, you must call and/or write to them immediately and let them know.
The experienced Family Law Lawyers at Legal Action Workshop can advise you as to your legal rights and options when dealing with Child Support Services. For more information about our LOW FLAT FEES for child support, call us at 1-800-HELP-444 (1-800-435-7444) or visit our website @ www.LegalActionWorkshopLAW.com.
Both parents may want physical custody of the child when they have just split up. In this case there is no existing court order for custody and no time frame where one parent has the child.
It is always best if the parents can agree on who will have physical custody or if joint custody is an option. If the parents are married and want to file for Divorce, they can agree and file a Stipulation for temporary custody, visitation and support or decide to complete their Divorce with a Marital Settlement Agreement that would address all of their issues.
If the parents are not married, one parent would file a Petition to Establish Parental Relations which establishes the father and addresses custody, visitation and support.
However, if neither parent is in agreement, the court will decide what custody arrangement is in the best interest of the child. If both parents are responsible and have taken equal part in child-rearing then the court will decide which parent is more suitable to be the custodial parent. In short, each parent has equal rights to seek the custody of the child without bias from the court.
If you have questions about Child Custody give Legal Action Workshop a call @ 1-800-HELP-444 (1-800-435-7444) or visit www.LegalActionWorkshopLAW.com .
Posted in Child Custody, Child Custody & Visitation, Child Custody in California, Divorce, Divorce and Family Law, Divorce Attorney, Family Law, Family Law Attorney, Father's Rights
Tagged California divorce, California family law lawyer, child custody, divorce attorney, divorce lawyer, family law lawyer, marital settlement agreement
Some people feel that the court is biased when it comes to Child Custody issues. They may feel that the mother is favored and that the father doesn’t get a chance at custody.
The truth, with regard to child custody, is that the courts look at what is in the best interest of the child. If the child lives with one parent and you now want to make a change to that custody arrangement, you would need to show significant reasons that would warrant the change. Here are some reasons that would warrant a change in custody:
- Abuse or neglect of the child
- Child is doing poorly in school, has frequent absences, comes to school unprepared etc.
- Child is getting into trouble with the law, has disciplinary issues
- Child and/or parent is involved in illegal activity such as drugs
There are many other factors that the court will review as well. The main point here is that the reasons for a change in custody must be significant. A consultation with an experienced Family Law Lawyer will help you identify the factors that a judge would deem important enough to change the custody arrangement. The best protocol is to file a Request for Order with a detailed declaration as to the factors and reasons that support a change.
Remember, custody battles can be very contentious and costly. Based on the facts, the judge may order that a lawyer represent the interests of the child and/or may request court-ordered evaluation. The costs associated with these services are usually born by both parents.
If you are interested in getting sound legal advice about child custody issues, give Legal Action Workshop a call @ 1-800-HELP-444 (1-800-435-7444) or visit www.LegalActionWorkshopLAW.com for more information.
Posted in Child Custody, Child Custody & Visitation, Divorce, Divorce and Family Law, Family Law
Tagged California family law lawyer, child custody, child custody and visitation, child custody lawyer, divorce attorney, divorce lawyer, family law lawyer
Divorce in California can be affordable! An affordable Divorce would have the following characteristics:
- would involve an experienced Divorce Lawyer
- would offer a flat fee so you know exactly how much you will spend
- will explain the services that are being offered for the price
An experienced Divorce Lawyer would help you to understand your legal rights and options and be able to alert you to any possible problems that may occur. Further, if issues do come up, the Lawyer would be able to address them right away.
Always remember that the purpose of filing for Divorce is to have the Divorce finalized! An experienced Divorce Lawyer can assure that you will get the best possible outcome.
If you want more information on an affordable Divorce, call Legal Action Workshop–THE LAW FIRM THAT OFFERS LOW FLAT FEES! Our Divorces start as low as $499! We can be reached at 1-800-HELP-444 (1-800-435-7444) or visit our website for more information www.LegalActionWorkshopLAW.com .
Posted in Divorce, Divorce and Family Law, Divorce Attorney, Divorce Attorney Fees, Divorce Lawyer, Family Law, Father's Rights, Flat Fee Divorce, Flat Fee Los Angeles Divorce Attorneys
Tagged affordable divorce, California divorce, California flat fee divorce, divorce attorney, divorce lawyer, experienced attorney, legal advice