Will you lose your retirement in your divorce?
Law Offices of John A. Guthrie Blog
by bkabritsor
1w ago
Divorce can be a stressful and emotional process, especially when it involves dividing assets like retirement accounts. In California, the way retirement savings are divided depends on several factors. Knowing what to expect can help you prepare and protect your financial future. Community property and separate property California follows community property rules, which means that both spouses usually divide assets… The post Will you lose your retirement in your divorce? first appeared on Law Offices of John A. Guthrie ..read more
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How do courts handle custody changes when a parent moves away?
Law Offices of John A. Guthrie Blog
by bkabritsor
3w ago
When one parent decides to relocate out of state, it can have a significant impact on existing child custody and visitation arrangements.  Courts must determine how to modify custody orders in the best interest of the child, balancing the rights of both parents and considering how the move will affect the child. Best interest of the child California courts prioritize… The post How do courts handle custody changes when a parent moves away? first appeared on Law Offices of John A. Guthrie ..read more
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Can a child’s preference affect the court’s custody decision?
Law Offices of John A. Guthrie Blog
by bkabritsor
1M ago
When determining child custody, courts consider many factors to ensure the best interests of the child are met. One important consideration is the child’s preference, especially as they get older and can express a reasoned opinion. When does the court consider a child’s preference? In California, the court may take a child’s preference into account if the child is at… The post Can a child’s preference affect the court’s custody decision? first appeared on Law Offices of John A. Guthrie ..read more
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How does retirement affect alimony payments in California?
Law Offices of John A. Guthrie Blog
by bkabritsor
1M ago
When someone paying alimony retires, it can significantly impact the ongoing payments. In California, the family court may allow for modifications based on retirement, but the process involves several legal considerations. California law on retirement and alimony modifications California law recognizes retirement as a legitimate change in circumstances that may justify modifying or terminating alimony. The court evaluates whether the… The post How does retirement affect alimony payments in California? first appeared on Law Offices of John A. Guthrie ..read more
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What evidence is needed to prove emotional abuse in court?
Law Offices of John A. Guthrie Blog
by bkabritsor
1M ago
Domestic violence cases often involve more than just physical abuse. Emotional abuse can have devastating effects, but it is harder to prove in court. Understanding the challenges involved in proving emotional abuse is crucial for injured parties seeking legal protection. Lack of physical evidence Unlike physical abuse, emotional abuse does not leave visible marks or injuries. This absence of tangible… The post What evidence is needed to prove emotional abuse in court? first appeared on Law Offices of John A. Guthrie ..read more
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Understanding the effect of adultery on property division
Law Offices of John A. Guthrie Blog
by bkabritsor
2M ago
When going through a divorce, many people wonder whether adultery will impact the division of property. California follows a community property system, where spouses divide assets acquired during the marriage equally. Understanding how adultery might factor into this process requires a closer look at the state’s laws. Adultery impact on asset division California is a “no-fault” divorce state, which means… The post Understanding the effect of adultery on property division first appeared on Law Offices of John A. Guthrie ..read more
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Helping your kids through divorce without making them take sides
Law Offices of John A. Guthrie Blog
by bkabritsor
3M ago
Divorce can be tough on everyone, especially children. Parents play a crucial role in making the process less painful for their kids. Helping children adjust without forcing them to choose sides is crucial for their emotional well-being. Keep communication open Talk to your children honestly about the situation. Explain the changes happening and reassure them that both parents still love… The post Helping your kids through divorce without making them take sides first appeared on Law Offices of John A. Guthrie ..read more
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What qualifies you for a family court order modification in CA?
Law Offices of John A. Guthrie Blog
by bkabritsor
3M ago
Navigating family court can be challenging, especially when circumstances change and a court order no longer fits your needs. If that happens, you may need to request a family court order modification.  Family court orders cover various aspects, such as child custody, child support, and spousal support. In the case of life-changing events, modifying the court order may be necessary… The post What qualifies you for a family court order modification in CA? first appeared on Law Offices of John A. Guthrie ..read more
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Understanding Kayden’s Law and how it impacts child custody
Law Offices of John A. Guthrie Blog
by bkabritsor
3M ago
When parents separate, deciding who takes care of the children can become challenging. In California, the courts have guidelines to make these decisions, focusing on the children’s best interests.  One piece of legislation that guides these decisions is Kayden’s Law, named after a young girl named Kayden Mancuso, whose life was tragically cut short. Why is Kayden’s Law important? Family courts often face the challenge of balancing parental rights with child safety. Before Kayden’s Law, many people overlooked signs of potential harm or domestic violence, putting children at risk. This law ..read more
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Mental health and child custody: California guidelines
Law Offices of John A. Guthrie Blog
by bkabritsor
4M ago
Mental health issues can affect many aspects of life, including family relationships. When parents have mental health challenges, it doesn’t automatically mean they will lose custody of their children. California courts focus on the child’s best interests when making custody decisions.  How courts evaluate mental health California judges consider many things with child custody arrangements when a parent’s mental health is in question. They look at: The severity of the condition The condition’s impact on parenting abilities Whether the parent is receiving treatment The goal is to ensure th ..read more
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