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November 2017 Archives

We are available to help during your mediation

When parties agree to participate in the mediation process, as an alternative to the litigation process, they are not giving up their right to legal representation and/or support.  Some of the objectives of mediation are to hear the concerns of each of the parties and reach a resolution that addresses those concerns.  The mediator has no authority to resolve issues.  The skilled mediator uses a process that is designed to assist the parties in reaching their own agreement. 

What costs may be paid by child support payments?

When a San Francisco parent is ordered to pay child support, they are required to provide financial support that will benefit the needs of the recipient child. The state of California uses a set of guidelines that generally determine how much support a parent must pay for their child or children; these guidelines can be set aside if circumstances require the parent to pay more or if the parents establish a payment schedule that their presiding court agrees serves the best interests of their children.

Tips for dividing real estate in a California divorce

Let's say that you and your spouse have decided to divorce. One of the significant steps that you will have to take is dividing your property between the two of you. This process can be simple or complex, depending on each individual case. But there is one type of property that can raise complications much more frequently than other assets: Real estate.

Fairness is foundation of collaborative divorce process

Not every couple that decides to end its marriage will be able to succeed in the collaborative divorce process. In fact, only California couples that are committed to working together may find the path useful, while others who struggle to find common ground with their soon-to-be ex-partners may prefer to utilize traditional divorce proceedings through the courts.

Property rights in a community property state

California is a community property state. As such, all community assets and all community debts are divided equally. California is also referred to as a no-fault state. This means that all that is required to get a divorce is a declaration that irreconcilable differences have arisen which have led to the irremediable breakdown of the marriage. Who did what to cause the breakdown has nothing to do with how the property is divided.

What happens if divorce mediation does not work for me?

Divorce mediation is an alternative process to a traditional courtroom divorce. It involves the divorcing parties coming together, discussing their expectations for their divorce and reaching durable, mutual agreements about how their lives will proceed once their marriage is over. In California, divorce mediation does not involve a judge or other third-party decision-maker; everything must be agreed between the parties. It is up to the spouses, with the help of their mediator, to move the process forward to a conclusion.  

What is a parenting plan?

Under California law, the term "parenting plan" is used to inform how physical and legal custody will be shared. The Court is empowered to determine a parenting plan that is in your children's best interests. The Court can order joint physical custody, sole physical custody to one parent and visitation to the other, joint legal custody or sole legal custody.

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Nachlis & Fink
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San Francisco, CA 94102

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