Wednesday, January 5, 2011

New CA Divorce Laws

A new bout of California laws for the New Year includes changes to Caifornia divorce law:

From DailyBreeze:

The major change focuses on oral testimony in court.

"Previously, for most hearings before any trial, testimony is done in writing by declaration and submitted to the court," Fleischer said. "Starting on Jan. 1, all hearings require oral testimony unless both parties specifically waive that right or a judge finds good cause not to have oral testimony.

"The definition `good cause' is slated to come in another year. This will require everyone who previously signed declarations to testify, which can include the divorcing couple as well as all of the third party witnesses, which could be numerous."

Fleischer said the law is well-intentioned but will have unintended consequences.

"Sometimes people need to have their voices heard by the system, and their credibility during testimony needs to be observed and judged," Fleischer said. "But our courts are already bogged down and we cannot get hearings for months. Oral testimony takes time and this will only serve to cause more delays."

Fleischer said this will also make the use of attorneys more costly to the parties.

Read more here.

MR

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Divorce is the legal termination of a marriage. It is possible to have a separation period rather than a divorce - you and your partner cease to be in a relationship when separated, but legally you are still married. Divorce on the other hand is a legal process that can have implications in terms of the finances of the two people involved and custody of children.


To file for divorce you must make a submission to your local Probate and Family Court. Divorce proceedings can't begin until you or your former partner have made a formal filing.

There are two different ways to file for divorce. If you have already agreed with your former partner as to how you will deal with the issues of child custody and the division of assets, and all other issues that might need resolving, you can file a joint petition and have the marriage dissolved. This is the best possible situation to strive for because it helps you avoid the heavy involvement of lawyers and a possible court battle.

If you can't resolve these matters with your partner, one or the other of you may file for a complaint for divorce. In this case you will need to hire a divorce lawyer to resolve matters by legal means.

Things can get a little confusing here, because there is another division when it comes to complaints for divorce. In one instance you and your partner agree that the marriage can't be saved, but you need mediation to decide on how to split up property, child custody, and so on. In the other instance, one party does not agree that the marriage is beyond repair. This is a very difficult position to argue when your spouse is filing for divorce. In this case you are best to try to talk your spouse into a trial separation, rather than a divorce.

Arguably the most important issue that comes up in a divorce situation is who will have custody of children produced by the marriage and whether or not both partners have access to the children. Be aware that if the divorce is occurring because of domestic violence, or one partner is able to prove to a judge that the other presents any physical danger to the children, that partner will quite likely be denied the right to see them.

It is best to try to come to an agreement with your partner over where the children will live and arrange weekend visits if possible. This is not always realistic however, as often both parties are eager to keep the children with them. Often stay-at-home mothers will be entitled to keep the children, and their working ex-husbands will be required to pay alimony - a regular payment for support of the spouse and children. Alimony exists because it is often difficult for a parent who has spentyears raising children to re-enter the workforce.

It's fairly well known that in many divorce settlements, assets are split 50-50. This is not always the case, however. In the case of a prenuptial agreement, the division of assets will typically be decided before the marriage even begins. Also, in the case that one spouse is proven to be at fault for the failure of the marriage - because of infidelity, for instance - then that spouse may not be entitled to any of the assets built up or acquired during the course of the marriage.

Be aware of the concept of marital property. If there are assets in your family that have been built over the course of your marriage, your spouse may be entitled to a stake in them even though they are in your name and they exist as the result of your work. They come under the umbrella of marital property regardless of whose name they are under.

Keep in mind also that as well as the division of assets, there may be a division of debts.

For more detailed divorce information, your best option is to contact a divorce lawyer in your area. Many will offer a free consultation.

Ending a marriage is never easy. I know. My name is Holcy and I've been where you are right now. That's why I provide others with the information I wish I had known before I went through my own divorce. So stick with me and we'll get through this together.

Posted by: Holcy | Jan 5, 2011 5:01:19 AM

If you are like many, you may find the possibility of divorce to be overwhelming and unaffordable. There are a number of ways, however, that a self help divorce can be achieved through a combination of quality divorce advice from a licensed divorce attorney and cooperation from both your and your spouse.

Posted by: divorce attorney texas | Mar 7, 2011 11:29:14 PM

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