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5 Ways to Deal with the Family Home in Divorce

When dealing with a family home that’s entirely or substantially part of the parties’ community property, the facts of the situation will lead to taking one of the following five approaches in the divorce agreement. Continue reading

4 Considerations for Child Custody Evaluations

question_133773471When the parties can’t come to an agreement, a child custody evaluation by a mental health professional can help judges by giving an assessment of the family, each parent’s capacity to parent, and the children’s needs and capabilities. Whether the motion for the evaluation is made by the judge or one of the parents, here are some important considerations for you and your client to discuss. Continue reading

Preparing for Child Custody Problems

ThinkstockPhotos-518751523Although you can’t predict what will happen in custody cases, you should draft standard language in custody agreements and court orders that will address common problems that arise in joint legal and physical custody situations. Doing so will help align parental expectations and minimize conflict for children.

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Does Bankruptcy Affect Support Obligations?

178634351Support issues are difficult enough when the parties are solvent, but what happens when one of the spouses goes through bankruptcy? Can support obligations be discharged? And on the other side, can the receiving spouse still collect if he or she files for bankruptcy?
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What to Do About Property Left Out of the Divorce Agreement

ThinkstockPhotos-526076097The parties thought they had covered everything (or maybe one party was being sneaky), but it turns out that some property was left out of the divorce proceedings and thus never made it into the judgment. Here’s how to deal with that situation—and how to better protect your client before this situation arises. Continue reading

Sharing Custody When Parents Don’t Share Religion

ThinkstockPhotos-164550089A court-ordered parenting plan governs how parents will share the “care, custody and management of their child,” a fundamental liberty interest recognized by the United States Supreme Court. This liberty interest encompasses parents’ interests in religious freedom and their right to teach and share their religious beliefs and practices with their children. What happens when each parent wants their child to share very different religious and cultural traditions?  Continue reading

What If the Ex-Spouse Hits the Jackpot?

Money rainA couple gets divorced and one is ordered to pay spousal support to the other. But then the one getting support hits the lottery, inherits a lot of money, or has some other financial windfall. Is the support payer off the hook? Continue reading

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