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January 2018 Archives

When is sole physical custody appropriate?

Readers of this blog may know that there are two forms of custody that may affect parents' rights and responsibilities to their children: legal custody and physical custody. While legal custody allows a parent to have a voice in the decision-making processes of raising their child, physical custody concerns a parent's right to have their child live with them in their house. Many California parents share physical custody of their kids but, in some cases, sole physical custody is granted to one parent.

Results of mediated divorce may be better than litigated divorce

Are all divorces the same? Readers of this California family law blog may know that the answer to this question is complicated. While all divorces that reach their end successfully sever the legal bonds that hold two people together in marriage, not all divorces follow the same paths to finality. The unique characteristics of the divorcing parties and the issues that they prioritize as important can cause their divorce proceedings to take on varying and diverse forms.

How does time-sharing impact child support payments?

As Californians know, child custody and parenting plans can take on many distinctive forms. Matters related to the custody of children are driven by the needs and interests of the youths whose lives are controlled by the orders and agreements made for them. As such, it is not uncommon for a child of divorced or separated parents to spend some of their time in the custody of one parent and the rest of their time in the custody of the other.

Work with attorneys who understand different divorce options

Not that long ago, divorces in California and throughout the rest of the nation took on a cookie cutter format. A person would either, on their own or with their spouse, file for divorce and begin the litigious process of untangling their life from that of their partner. With the help of their lawyers, the partners to the divorce would haggle over their property, their kids and their money until they had created agreements or accepted judicial intervention through orders to settle the important matters of their post-divorce lives.

Sometimes going to court is the best option

For many people, divorce conjures up images of heated arguments, accusations and courtroom battles that leave a couple bitter enemies. However, this is seldom the case, and many couples settle their divorces in an amicable -- if not friendly -- manner. Since the 1980's, out-of-court dispute resolutions processes such as mediation have been available to divorcing families. During mediation, you and your spouse meet periodically with a neutral mediator who guides you toward the resolutions to your conflicts.  Typically, each party also has an attorney whom they can consult during mediation about any proposed settlement.

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Nachlis & Fink
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