Whether one is considering pursuing a legal separation or not, anyone who is married or thinking about marriage should be familiar with what goes into a separation agreement. Separation can be settled either through a trial in court, which is costly and can take a long time, or with the help of a separation attorney. 

Negotiating With Your Ex

When two people get married, their lives become more enmeshed than they might initially think. A separation agreement will consider all of these shared responsibilities and assets that the couple attained over time and, through mediated negotiation, divide them in a manner that is fair and reasonable. If the couple owns a home, for example, the agreement will outline who gets to stay in the home and who is responsible for the mortgage. The agreement will also detail the division of other large items, such as vehicles and appliances, that the couple purchased during their marriage. Each separation case will be different and dependent on a variety of factors. 

Evaluating the Agreement

One can expect to evaluate the agreement that has been drafted to make sure it is as fair and civil as possible. Compromises will need to be made on both sides, so it is important that each party feels represented and heard in the agreement. One must make sure that they are pursuing a separation that is in the best interest of himself or herself as well as any children that are involved. A separation attorney can assist in understanding the terms of the separation as well as discussing other options if the agreement does not seem favorable. 

No one wants to go into a marriage thinking about divorce and separation, but it is important to plan for all possible outcomes and to know one’s rights should a separation become necessary. With the help of a separation attorney, one can pursue a smooth, civil separation without the hassle of going through a court trial.

Marriage is a complex legal agreement mixed with emotion. No one enters into a marriage assuming it will end, or that hard times will drive you and your spouse apart. However, for those unforeseen and unpredictable occasions, you will need to navigate legal matters, and it is quite possible that you do not know the first thing about filing a legal separation. If you and your spouse have determined that separation is the best course of action, then it is crucial that you hire a separation attorney.

Custody

One of the primary reasons to hire a separation attorney is when children are involved. Depending on the existing relationship of the parents, it can be challenging to settle on an appropriate or fair visitation schedule. The important thing during a separation is to limit the amount of stress and anxiety children are exposed to, which is why a lawyer is often necessary. The attorney can handle discussions with the opposing side, and because of their unbiased position, it is easier to make visitation agreements.

Negotiations

A separation will also need to settle several issues, even if there are no children involved. For example, which spouse gets to remain in the marital home? The objective of any attorney is to argue for the best interest of their client, but a lawyer also understands when decisions are fair. It is often easier for a spouse to hear or make concessions when they talk to their lawyer as opposed to their spouse directly. A lawyer is, in effect, a communicator, which is necessary during marital separations.

Are you and your spouse considering a separation? Have you discussed all the necessary actions? If you are unsure of your legal responsibilities or would like to talk about the next steps, then contact a separation attorney in your area. They will help you understand your role in the separation process.

Many fathers would love to spend more time at home bonding with their newborns and caring for their families. Unfortunately, many of them take little or no time off work to spend time at home. Financial considerations often play a role, as men are traditionally seen as monetary providers. There are many benefits to the man, his partner, the baby and the company he works for if paternity leave is provided. If there is no policy, or the existing policy is vague, a paternity lawyer can help negotiate with the company.

1. Child Development

Children with a father that has an active role in their lives usually thrive. When fathers can start strong with a great bonding routine with their child it can be easier for them to connect with their child throughout their entire life. It can also instill more confidence in the father in his abilities, making him more likely to enjoy being an actively involved parent.

2. Co-Parenting

There is a lot of pressure on mothers to care for the children, house and still have a career. Fathers who take paternity leave can navigate the changing household dynamics as an equal partner. They are also more likely to pitch in with housework and childcare duties and continue to do so after they return to work.

3. Job Satisfaction 

Generous employee leave policies are a great incentive to attract and keep talented employees. People who plan to start or expand their families are more likely to stay at a job with a generous leave policy. When fathers can take time off to bond with their growing family, they are more likely to return to work happier and more productive. A paternity lawyer can work with employees to negotiate appropriate leave policies. Fighting for paternity leave benefits everyone involved. Fathers who spend time with their families after the birth of a child set their families up to be successful, happy units.

The child support system was established to serve the needs of divorced parents that had steady employment. However, the system is archaic and still approaches the financial needs from traditional but outdated gender-role stereotypes. As a result, there are several challenges and issues within the child & spousal support system.

The Wrong Focus

Within the current system, the focus is on enforcing support orders and collecting payments. Billions of dollar each year are collected from noncustodial parents, and when it comes to enforcement, this an area where the system succeeds. However, many would prefer that there is a greater emphasis placed on parental involvement, particularly in the area of fathers having more to do with their children.

The Perpetual Myth

Many hear the stories of fathers that refuse to pay their child & spousal support orders, leading to the label of deadbeat dad for non paying individuals. However, the statistics show that over half of the cases where no payments were made were due to the financial inability to meet the demands of the court.

The Inequality of Payment

For about 30% of the families in the child support system, life below the poverty line makes it difficult for either parent to meet the financial rulings of family court. Since child support payments aren’t automatically stopped, whenever a parent falls on hard times, it is easy for their account to gall into arrears. It then becomes even more difficult to get out from under the debt, especially when a state incarcerates an individual for failure to pay. Though applying for child support modification can help a father or mother navigate these challenges, the task is complex and may require hiring an attorney.

There is a need to make sure that children have their needs met, especially in situations where a custodial parent may not have the resources available to ensure this is done. However, there should be some modifications to the entire child & spousal support system to make it more equitable and efficient.

Divorce is challenging enough without children, but when child custody is thrown into the mix, proceedings can quickly become volatile and vindictive. Children deserve two parents, but divorce can muddy the lines of communication, so to keep your family happy and together throughout a divorce, follow these six tips to avoid a messy custody battle.

1. Use Mediation

Professional mediators can help keep squabbling parents focused on the issues and not on the indiscretions of either party. When talking about custody, each parent must come to the table with an open mind.

2. Compromise

You will undoubtedly come to the proceedings with expectations for custody; however, throw those expectations away. Both parties want specific things, and the only way to go away happy is to be willing to compromise and give a little.

3. Create a Schedule

If things are civil between you and your partner, then child custody agreements do not have to be complicated. Sit down at a table and create a schedule that works for both of you. It is also necessary to keep your child’s schedule in mind. You do not want their life to change more than necessary.

4. Be Flexible

Being flexible is not just about compromise. Flexibility will extend the life of the custody agreement, meaning throughout your child’s adolescence. Kids become active and independent as they age, which means their schedules change. As the parents, you will need to work together to ensure that your child has a fulfilled life with active and present parents.

5. Communicate

Communication is the key to any agreement. You cannot come to terms over custody if you do not understand where each parent is coming from. Knowing how to speak to each other with respect will help the process go smoothly.

6. Keep It Civil

Respect is crucial throughout the custody and divorce proceedings. You do not have to admire or even love someone to show them respect.Fighting for child custody is emotionally trying, but it can be dealt with civilly. Follow the suggestions above and find an attorney who understands collaborative divorce.

When a court orders someone other than a parent to take care of a child, they grant what is called guardianship. In California law guardianship means this person will take custody of the child, or will manage the child’s property (their estate – legal term), or both. There are a number of reasons why this might occur so let’s get into some details and break it all down for you. 

All too common problems also include a sole parent who is sent to prison, is abusive to their children, or has a drug addiction problem. The courts realize this is a horrible problem for the kids. If the parent goes to prison the court attempts to find a relative that can care for the child, sometimes they do, sometimes they don’t.

Perhaps you are beginning to see the complexity of family court and the need for guardianship law. Sometimes there are cases when the minor child is nearly an adult, and can be deemed an adult by the courts. The challenge is that the minor may still be in school, and cannot get work or support themselves quite yet, or may soon be off to college.

CPS or Child Protective Services will get involved in cases of abuse, drug addiction, or severe neglect. As the name implies, it’s about helping the child and preventing harm. This includes their emotional and their physical self. 

It’s important not to confuse guardianship with adoption. In guardianship the parents still have rights and can request visitation. This may come with court ordered supervision. In adoption, the parents’ rights to their child have permanently ended or have been completely surrendered. The adoptive parents’ legal relationship becomes the same as if they were the birth parents which even includes inheritance. The court no longer supervises the adoptive families.

Let’s say the parents or a parent dies, someone will have to take care of the child or the children. Sometimes another family member can step in, and the court can designate them the new guardian on a temporary basis, supervise occasionally, and then later recommend for permanent adoption. Or, the court can agree to permanent adoption immediately depending on the circumstances.

Perhaps a godparent or a neighbor agrees to take custody – the courts will look at that person and see if it is in the child’s best interests. The court is interested in the child’s safety, welfare, and future. Based on the recommendations and the desires of the agreeing new parents the court will make a determination. 

In California domestic partnerships are a contract with many, but not all the legal benefits of a marriage. Domestic partnerships can be registered without going through the formal marriage ceremony process. You do not have to be a gay couple to register for a domestic partnership, some heterosexual couples may too. Nearly all states now have provisions for domestic partnerships, the states which do not, have a similar equivalent called; civil unions. 

Registering for a domestic partnership in California is not difficult, you can do it yourself or hire an attorney to help you correctly fill out all the forms and adequately explain all the legal details. You want to be totally aware of all the idiosyncrasies as it will matter later when you file taxes, borrow money, buy health insurance, or talk to the human resource director at work as to your status for employment payroll withholdings. 

If you meet the legal criteria you may register for a domestic partnership in the Great State of California. First, you must complete the “Declaration of Domestic Partnership” official form with the Secretary of State. This form must be notarized and signed by both parties and filed with the appropriate fees.

The requirements are not difficult to meet, but you must meet each requirement for eligibility. First, you and your partner must be 18-years old. If not, you must first obtain a court order granting permission. Heterosexual couples may also sign up for a domestic partnership provided one or both of the parties is over 62 years old. 

A California Domestic Partnership allows for the same rights as a marriage, as well as the same responsibilities. Still, there are legal differences and there are different federal benefits. In other states, your domestic partnership may or may not be afforded all of the same rights, as per those state laws. 

When it comes to the Federal Government here are some things you should know. Married couples have their social security benefits decreased, but that isn’t true for domestic partnerships, which makes domestic partnerships more legally attractive. Currently, although this is likely to change soon the Federal Government doesn’t have any tax benefits or any penalties for that matter which married couples either enjoy or are burdened with. 

In many hospitals outside of California a domestic partner cannot make decisions for an incapacitated domestic partner, and some visitations maybe problematic, although this is becoming rarer. 

When it comes to divorce law, a divorce court can make a domestic partner pay spousal support, but this may not apply in other states which don’t recognize California law. Since gay couples can now get legally married anywhere in the United States, domestic partnerships are not as common as they once were. There are legal benefits to both marriage and domestic partnerships so make sure you understand them before choosing which route to take.

Are you contemplating going through a divorce, but just cringe going through the process and all that the paperwork, emotional strife, and the challenges of untangling all those years together? Well, this is a common reason married couples often move first to legal separation. Legal separation lets you start dividing up your assets without ending the marriage. It also lets you both live separate lives, meaning you can but don’t have to live together – the marriage remains intact.

You can see why this is a favored way to go, especially in the litigiousness common in California when it comes to divorces. During a legal separation, you are required to do the court paperwork and go through a process, nearly identical to a divorce. Don’t expect this to happen very quickly. 

In California, you will have to pay a fee to start the process, and it costs $435.00 – although in certain jurisdictions it may cost a little more. Issues such as child custody, property, and assets and liabilities are the same as they are in a divorce. When it comes to child custody issues you are afforded the same rights as in a divorce. You have the right to visitation, support, custody share, and alimony too. You mustn’t try to deny your partner these rights. 

During a separation, it is recommended that you do not immediately jump into a new relationship. You shouldn’t ever attempt to get a separation without agreeing to it with your partner. It’s important also to not try to alienate your partner from your kids, doing so could come with serious legal implications and hurt your chances for a favorable settlement in the future if you do ever get a full-divorce. 

If you decide later to go back to a normal marriage you may, which is one major bonus to a legal separation. The best thing is that you can protect your financial assets and interests, and other property rights while you two determine if you want a divorce or not. 

Both you and your spouse must agree to the legal separation if not, the court CANNOT render a judgment or accept the legal separation paperwork (See California Family Code Section 2345). If one party fails to show up to court or answer the petition, then the court can decide, but if one party doesn’t want the legal separation then it will not go through, and the petition will be denied.

If you have any questions on how all this works, seek the legal advice of an attorney who specializes in legal separations and divorce.