Who Gets the Family Home in a Divorce?

Who Gets the Family Home in a Divorce?

Divorce
Many married couples purchase a home together and build their family’s life in that home. If you are getting divorced, it is only natural to wonder what will happen to your house. Will you get to remain in the home? Will you have to sell it? These are important questions to discuss with your divorce lawyer in Roseville. Your Home as Community Property California is a community property state, which means that all property and assets that spouses acquire is considered to be community property. This is property that needs to be divided in a divorce. Even if the home is only in one person’s name, it will be community property if you purchased it during your marriage. If one spouse owned the home prior to marriage, and the other…
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Can You Change Your Mind About Divorce?

Can You Change Your Mind About Divorce?

Divorce
Filing for divorce is a big decision - one that will change your life. As certain as you might be about ending your marriage when you file your divorce petition, you and your spouse might find middle ground and begin to reconcile your relationship. What happens if you change your mind about your divorce? If Your Divorce is Not Yet Final If you are still in the middle of the divorce process and you want to halt your case, you can request the family court to dismiss your divorce petition. While you will still need to pay court costs, your case will end, and you will simply remain married. If you decide to get divorced again, you will need to pay costs to initiate another case. If you are unsure,…
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Adapting Child Custody Schedules

Adapting Child Custody Schedules

Child Custody
2020 has been a year for the record books, and likely one that parents will never forget. With homeschooling requirements, daycare closures, and canceled summer camps, it is likely that your schedule this year has looked nothing like it normally would. It is common for parents in this situation (among many others) to want or need to adapt their shared child custody schedule. Is this possible? How do you go about doing this? The good news is that modifying your schedule is often possible, and you should speak with an experienced child custody lawyer in Roseville about your options. Informal Temporary Changes Some changes in schedules might just need to be temporary. If you have circumstances that will change back in the near future, you should try to talk to…
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Domestic Violence and Divorce

Domestic Violence and Divorce

Domestic Violence
The stay-at-home orders and other isolation efforts meant to combat the spread of COVID-19 have an unfortunate effect for many people, as the reports of domestic violence incidents have increased in the past couple of months. If you have been the victim of domestic violence, you have options to protect you and your children, and you should speak with a domestic violence lawyer in Roseville as soon as possible about seeking a possible order of protection. In many situations, domestic violence allegations lead to divorce cases, and such allegations can certainly impact your divorce in many ways. While California is a no-fault divorce state, the court can consider domestic violence accusations when it comes to different issues that are part of your case. Child custody - Domestic violence allegations do…
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Court Closures and Pending Family Law Cases

Court Closures and Pending Family Law Cases

Family Law
As is the case across the United States, state courts in California are closed to the public, with all regularly scheduled hearings postponed due to the COVID-19 crisis. This can be concerning if you have a pending family law case, and you might not know what to expect to happen. Currently, the Placer County state court is only hearing limited types of family law cases. According to court announcements, these include: Domestic violence restraining ordersTermination of parental rightsFreedom from custody and controlAdoptions If you have a divorce case, support modification petition, or another type of case not listed above, any necessary hearings have been postponed. Always remember that you can obtain emergency restraining orders if you are experiencing domestic violence, and you should call a trusted Roseville attorney immediately if…
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Tips for Divorced Parents During COVID-19 Quarantine

Tips for Divorced Parents During COVID-19 Quarantine

Child Custody
With schools closed and many parents working from home or on hiatus from work, many people are focusing on family bonding time and activities that will keep their children safe. However, this time can be significantly more stressful for divorced parents who are sharing custody. At this time, stay-at-home orders are not intended to impact custody arrangements, so you should plan to continue on your regular custody schedule. If you and the other parent are on good terms, you should work together to come up with the safest plan that will keep each of you and your children socially isolated as much as possible. However, what if you cannot agree on a plan? What if your ex refuses to acknowledge social distancing or stay-at-home measures? If you believe that the…
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The Benefits of Child Custody Settlements

The Benefits of Child Custody Settlements

Child Custody
When parents decide to divorce or not live together anymore, it is necessary to determine how they will share custody. Most parents want to spend as much time with their children as possible, so they might be inclined to fight for primary custody, which can lead to disagreements. While it might take some negotiation to find a middle ground, reaching a settlement agreement out of court can be highly beneficial. Avoiding Custody Litigation If parents cannot reach a compromise for custody arrangements, the matter will need to go before the court. Each party will present their arguments, and the judge will make the decision how custody will be divided. You know your situation, schedule, and child better than the judge ever will, so the resulting ruling might not be ideal…
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Factors that Can Complicate a California Divorce

Factors that Can Complicate a California Divorce

Divorce
Some divorce cases wrap up relatively simply and quickly, while other cases can drag on for a year or longer, costing spouses significant resources. So, what are some factors that can make a case more complicated? Children Divorce cases that do not involve children only have financial matters - such as property division or alimony - to resolve. However, if you and your spouse have children together, it automatically adds the issues of child custody and child support to your plate. Many parents are highly emotional when it comes to spending time with their children, so custody matters can be difficult to resolve. Even if you agree on a custody arrangement, having children involved can still delay the outcome of your case. Complicated Assets and Property Property division is a…
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Common Causes of Brain Injuries

Common Causes of Brain Injuries

Personal Injury
Your brain is the control center of your body, your cognitive abilities, and your personality. When the delicate tissue of your brain is damaged, it is no surprise that many problems can result. Traumatic brain injuries (TBIs) can happen anytime you suffer a trauma or a sharp jolt to your head, as your brain can hit the inside of your skull and sustain damage. TBIs can be mild, moderate, or severe, depending on the extent of the damage and how long the effects of the injury will last. A mild TBI - commonly known as a concussion - will generally have symptoms that last for a few weeks. On the other hand, a severe TBI can cause permanent physical, cognitive, and behavioral impairments. In many situations, brain injuries happen because…
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Requirements for a Divorce in California

Requirements for a Divorce in California

Divorce
California law oversees the divorce process, and spouses must comply with the requirements under the law in order to legally end their marriage. The following are only some of the basic requirements to seek a divorce in this state. To discuss your specific situation, consult with a divorce lawyer in Roseville right away. Residency Not just anyone can petition a California court for a divorce. Instead, one or both spouses must have been residents of the state for six months or more before filing the petition. You must file the divorce petition in the county where you live, and one spouse must have been a resident of that county for three months or longer. Grounds The divorce petition must state grounds for seeking a divorce. California does not recognize fault-based…
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