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Seal Beach Family Law Blog

Firearms and domestic violence: A review of the law

Domestic abuse is more than physical abuse. A California victim of this devastating form of harm may suffer psychological and emotional harm as a result of the attacks they are subjected to by a member of their households. An abuser on their own may be able to cause a significant amount of harm in the life of their victim; an abuser with a gun is a potentially deadly threat to those who must live with them.

For this reason, individuals who have been convicted of domestic abuse may not own or possess firearms. This prohibition stems from several federal laws which will be discussed herein. The first is the Gun Control Act of 1968. Under this law, domestic violence abuser with convictions on such charges may not own guns, and under the Violence Against Women Act of 1994, domestic violence abusers with restraining orders taken out against them may not own guns.

Possible advantages to legal separation rather than divorce

Many couples get married with the plan to be together for the long run. However, sometimes difficulties arise that may cause them to consider a form of separation.

For those who may not be completely sold on getting a divorce, separation may be a reasonable choice. In fact, there are some possible advantages to legal separation rather than divorce.

Helping you resolve custody matters during and after divorce

Many things are on the minds of California couples divorcing. While they might be focused on their post-divorce life and how it will allow them to be in a better situation, spouses will need to focus on the matter at hand. When children are involved in a divorce, this means developing a custody order that works for both parents. However, because neither parent wants to lose time with their child, it is likely that this issue will present various disputes.

Child custody matters can have various results. Additionally, this family law matter can be revisited over time. If a parent initially wants a joint custody to look like shared weeks and every other weekend initially, they may change their mind to alternating weeks when the child gets older. Additionally, if a parent is granted primary custody while the other one enjoys visitation rights, this could change if the other parent seeks an arrangement that would allow for physical custodial rights and shared custody.

New wealth can be protected through a prenup

Everyone dreams of having a million dollar idea that makes them rich. In this current age of tech and the growth of app development, some young California professionals are experiencing just that aspiration. One great idea that draws in consumers can become a billion dollar entity in the blink of an eye and turn an average incomed individual into a millionaire overnight.

In most cases, though, wealth is acquired over time. Readers may look to their parents or grandparents to see examples of how hard work over the decades may grow into a comfortable nest egg that a person and their spouse might retire on. When drafting laws on divorce and community property, legislators took into account this slower, methodical acquisition of wealth, and that is why when a California couple divorces it is considered fair for them to split that which they acquired during the course of their marriage.

Options for physical custody and visitation after a divorce

One of the most challenging aspects of ending a marriage for a California parents is coming to grips with the fact that they may not get to see their child each and every day. If the divorcing parties share children then they will, as a part of their legal proceedings, have to decide where the child will live and how they will divide the child's time between their households. When parents cannot work these details out, the courts will intervene and seek to protect the best interests of the children through court-provided orders. But in many cases, parents are the best judges of how their children's physical needs should be met.

This family law blog previously discussed legal custody, and this post will be dedicated to options that parents may utilize for the physical custody of their kids. A parent with physical custody of their child has the right to have the child live in their house. In California, physical custody may be shared between the parents or it may be given to just one of the parents.

Should you pursue alimony in your divorce?

Not every California divorce will end with one of the parties committed to providing the other with alimony. Previously, this family law blog discussed the amount of time that a person may be required to make alimony payments. However, spouses might wonder whether he or she is a prospective recipient of spousal support and if they should pursue alimony in their divorce.

A court may not approve a party's request for support if the party can support themselves or otherwise has access to income or wealth they may live on. Alimony is generally not a punishment but an acknowledgement that during a marriage the parties may divide up the responsibilities of the relationship, resulting in one of the parties becoming financially disadvantaged when the marriage ends if their relationship task kept them out of the workforce.

How long do I have to pay alimony?

Filing for divorce means making major life decisions. Many of these incorporate a spouse's finances and whether they are able to maintain their standard of living post-divorce. Because of that, spouses often request financial support during the divorce process. The amount of time that a Californian will have to provide their former spouse with alimony will depend on the type of alimony that their court awards and a number of factors that are relevant to their particular divorce case.

A person may be required to pay temporary alimony to their soon-to-be ex-spouse during their divorce proceedings, or they may have to pay alimony for the amount of time it takes their ex to be able to support him or herself after their divorce is completed. Alimony can be permanent if the conditions of the parties and the divorce warranted it, such as if the divorce occurs late in the parties' lives and the recipient has no means of entering the workforce or otherwise financially taking care of themselves.

End of a relationship may not mean the end of domestic violence

Several months ago, this family law blog discussed the applicability of California's domestic violence statute to ex-spouses. A person who was formerly married to their abuser has rights under this law. This post will expand on that topic to discuss two other ways that former partners may be protected from domestic violence.

First, individuals who suffer abuse at the hands of individuals they formerly lived with can seek protections under the state's domestic violence law. Second, people who were in relationships and share children may also use the domestic violence legislation to secure protective orders for themselves and their kids.

How social media can affect your divorce

You may regularly share the most intimate details of your life on social media. It gives you a sense of empowerment and allows you to keep in touch with your friends and relatives in Los Angeles and Orange Counties while you are on the go. Now that your relationship with your spouse is coming to an end, you have no problem with posting about it online. 

Whether you are using social media for support or as a place to vent your frustrations, you should be mindful of what you share. Your online activity can impact your divorce in ways you have not thought about and lead to unnecessary drama. Here is some information for you to consider before posting information about your separation online. 

Make your child's needs a legal priority in 2018

Recently, this Seal Beach-based family law blog focused on parenting time interference. This situation is a serious matter that hinders the relationship between a child and one of their parents due to the conduct of the child's other parent. A parent who interferes with the bond between their child and their former partner may do so through ignoring a custodial schedule that they share with their ex or going out of their way to make it difficult for their ex to be with their shared child.

A parent whose relationship with their child is affected by parenting time interference does not need to simply sit by as their time with their child deteriorates. Child custody orders and agreements generally contain built-in enforcement protocols that may impose legal sanctions on parents who interfere or otherwise fail to abide by the terms of the agreement or order. An interfering parent may face legal sanctions for taking adverse action against their ex and impact the best interests of their child.

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