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Rancho Cucamonga Family Law Blog

Virtual visitation may be an option for your child custody plan

Nothing can replace the important time that a parent spends with their children. Any California parent who has had to spend time away from their kids knows how much a parent can miss in just a short time away. For parents who do not have physical custody of their children, being away from their kids between scheduled visitation times can be excruciating.

Although courts look to preserve the children's best interests when establishing child custody arrangements, it can sometimes be hard to work time in with a noncustodial parent for visitation. Whether due to distance, divergent schedules or other barriers, some noncustodial parents find it next to impossible to have meaningful face-to-face time with the children they love.

Know your property rights during your divorce

Most Californians know that a divorce returns two married people to the legal status of single. They may understand that divorce requires married parents to make agreements and concessions about how they will spend time with their children, as well as if and how one of the soon-to-be ex-spouses will provide the other with financial support in the form of alimony.

What not everyone understands is that in addition to being an emotional and legal process, divorce is also a significant financial undertaking. Depending upon how long two people are joined together through marriage, they may share significant assets and be tied together through financial accounts, real property and other items of value.

What can a protective order do for a victim of domestic violence?

As previously discussed on this blog, domestic violence is a serious problem that does not discriminate. It impacts families of every financial, social, racial and ethnic background. It can take on different forms and cut its victims down physically, emotionally and mentally. For those who suffer under its pressures, escaping domestic violence can seem impossible.

However, the California Family Code provides victims of domestic violence with some options for seeking legally enforceable relief from their tormentors. A victim of domestic violence may request a restraining order from a California court that is immediately enforceable and limits the contact that an aggressor may have with their victim. A restraining order may be issued based on evidence of past abuse and may not be denied to a victim if that victim has left the household of the aggressor in order to avoid further abuse.

The business of divorce could impact your California business

Are you a California small business owner? You know how difficult it is to start, build and sustain a small business, and the end of your marriage could pose a risk to everything you have worked so hard to build. However, with preparation and a clear focus on a strong post-divorce future, you can protect your business assets and shield yourself from unnecessary complications. 

All marital property is subject to division during a divorce, and you would be wise to know if your business falls into this category. If it does, you may seek a full understanding of how the divorce could impact this valuable asset and what you can do to position yourself for business success after divorce.

Community property in a California divorce

When two Californians marry, they may look forward to the combining of their lives and the mixing of their wealth and assets. Some individuals feel more comfortable when they are able to share their assets and burdens with another person; the ability to own property jointly with one's spouse is a benefit that married people can enjoy.

However, just as marriage is a means of combining property interests between two people, divorce is a means of separating the wealth, debts, and assets that two people have amassed during their lives. Different states look at property in different ways and, in California, property divisions generally follow community property laws. Items of property are considered community property if they were acquired by either spouse during the course of the marriage.

Child custody dispute may keep tennis star from competition

Victoria Azarenka was formerly ranked number 1 in the world for women's tennis. She is a well-known fixture on the international tennis circuit for her powerful performances at Grand Slam events. Recently, though, the tennis star has been in the news for something other than her athletic prowess: an ongoing legal battle over the custody of her young son.

Azarenka shares a baby boy with a former partner. While she resides in California, she is a citizen of Belarus and travels the world for her career. She and her former partner have become embroiled in a custody fight that now prevents Azarenka from taking her child with her as she plans to go to New York for this year's U.S. Open.

We advocate for victims of domestic violence

Families are built upon foundations of love, trust and shared values. All throughout California, individuals rally together with their family members in order to weather tough times and to pull through challenges they may otherwise succumb to if they were on their own. For many, family is the constant that provides stability and safety in their otherwise chaotic lives.

Unfortunately, some individuals do not find love and compassion in their family situations. Instead, they may endure abuse from those who are supposed to support and care for them. The abuse they suffer may be physical or sexual, emotional or mental, or a combination of any or all of those types of harm.

How does a legal separation differ from a divorce?

Very recently, two popular California actors made their decision public to file for legal separation. Anna Faris and Chris Pratt have been married for eight years and share one young son. This week, they announced through social media that they have been unable to sustain their relationship and that separation is their next step.

While some couples choose to informally separate, Pratt and Faris' decision shines a light on an option some California couples may forget they have. While many unhappy couples immediately choose to file for divorce, legal separation is possible for those who qualify for the process.

Is spousal support really necessary following divorce?

In a perfect world, each marriage is as strong as a rock. Unfortunately, we don't live in a perfect world, so it is not uncommon for a marriage to end up being on the rocks. When this happens, one of the biggest areas of contention that two spouses may face is spousal support.

Spousal support, also known as alimony, is money that the court orders one spouse to pay the other one for a particular amount of time following their divorce. A few facts about alimony are important to take into consideration during a divorce proceeding in California.

Know the difference between legal custody and physical custody

When California parents go through divorces or separations, they are left with the difficult task of deciding how best to divide their time with the children that they share. They may both want to have their children live exclusively in their homes or they may hold different opinions about how decisions should be made regarding their children's health and well-being. Where children live and how they are raised are general definitions of the two kinds of child custody that parents may secure when they separate themselves from their children's other parent - physical custody and legal custody.

Physical custody has to do with the physical possession of the child. In California, it is possible for one parent to have sole physical custody of their child while the other parent has visitation with the youth. It is also possible for parents to share physical custody of their child in a joint physical custody arrangement.

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