Filing for divorce despite spouse’s denial of domestic violence
Alameda County Family Law Blog | Law Offices of John A. Guthrie
by bkabritsor
2d ago
It takes courage to end a marriage after years of experiencing domestic violence. One reason some women wait so long to file is because they fear no one will believe them. When one spouse denies domestic violence during a divorce, it can create a challenging and stressful situation. It is important to understand the steps to take and the resources available to protect oneself and ensure a fair process. Document the abuse The first step is to document any instances of abuse. This documentation can include photographs of injuries, medical records, police reports and any other evidence that suppo ..read more
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What to do when your co-parent stops paying child support
Alameda County Family Law Blog | Law Offices of John A. Guthrie
by bkabritsor
1w ago
When a co-parent stops paying child support, it can cause significant financial strain and emotional stress. Child support payments are important for meeting the needs of your children, and missed payments can disrupt their lives. Understanding what steps to take can help you manage the situation and ensure your children’s well-being. Communicate with your co-parent First, talk to your co-parent. They might have a valid reason for missing payments, such as losing a job or experiencing a medical issue. A calm and respectful conversation can often resolve misunderstandings. It is important to ap ..read more
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Dividing a 401(k)
Alameda County Family Law Blog | Law Offices of John A. Guthrie
by jerricraventextbroker
3w ago
Splitting assets can be a complicated process during a divorce in California. It can be difficult to determine how much assets cost and how certain assets should be sold. These worries are magnified when there is a 401(k) account involved. Divorcing couples must take careful steps to ensure that they do not suffer substantial penalties when these types of assets are split. Why it matters A 401(k) is a tax-advantaged account that allows individuals and couples to put money away to prepare for retirement. It is an asset that usually cannot be accessed early without incurring a significant penalt ..read more
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How can I enforce a custody order in California?
Alameda County Family Law Blog | Law Offices of John A. Guthrie
by christelle.arcangel@thomsonreuters.com
1M ago
Arranging a custody order can be challenging. Depending on the situation, this process usually involves the parents, the child and the court. Once the order is final, the next step is implementing it. This document is legally enforceable, meaning failure to follow it can have legal consequences. Still, it is reasonable for either parent to make mistakes or face unexpected scenarios forcing them to violate the order. But if these mishaps become habitual and repetitive, the compliant parent can take measures to enforce the custody order, including the following: Contact the authorities with ..read more
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Dealing with a forgotten asset after the divorce settlement
Alameda County Family Law Blog | Law Offices of John A. Guthrie
by jerricraventextbroker
1M ago
A divorce settlement is usually understood as a final resolution of the legal issues between the former California spouses. However, in some situations, one or both spouses might realize that an item was forgotten during the divorce negotiations and not included in the settlement. Addressing the issue after the divorce is settled is difficult, though not impossible if certain requirements are met. What is included in a divorce settlement? A divorce settlement includes many areas, and negotiations should ideally address all of them. They include: Child custody issues Division of assets Financia ..read more
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The effect of workplace stress on your marriage
Alameda County Family Law Blog | Law Offices of John A. Guthrie
by jerricraventextbroker
1M ago
There are many reasons why a California couple might find themselves in the middle of marital strife. A recent report shows that workplace stress can be one of the reasons that marriage is negatively impacted. Understanding the ways your workplace might impact your relationship with your spouse can help you be proactive about protecting your mental health and preparing for marital struggles. The report’s findings According to a report by a digital mental health company called Headspace, about 71% of respondents listed workplace stress as a factor in struggles in their relationships, with the p ..read more
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The role of a forensic accountant in a high-asset divorce
Alameda County Family Law Blog | Law Offices of John A. Guthrie
by bkabritsor
2M ago
Divorces are tough, especially when there is a lot of money involved. That is where forensic accountants come in. These financial experts are like detectives who help unravel all the money mysteries in a high-asset divorce. Understanding the role of forensic accountants can help ensure that each spouse gets their fair share of the wealth they have built together. Uncovering hidden assets Forensic accountants leave no financial stone unturned. They comb through bank statements, tax returns and business records to locate any undisclosed assets or income streams. This keen eye for detail prevents ..read more
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Getting a home appraised during a divorce
Alameda County Family Law Blog | Law Offices of John A. Guthrie
by jerricraventextbroker
2M ago
When divorcing couples sit down to discuss the sensitive issue of property division, their talks are unlikely to be productive if they do not know how much their assets are worth. The most valuable marital asset is usually the primary residence, which is why many divorcing couples choose to have their homes appraised before negotiations begin. Obtaining an appraisal from a professional that both spouses trust is particularly important in states like California where community property laws require marital estates to be divided equally. Full appraisals When a divorcing couple knows how much the ..read more
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Protecting your child from co-parenting conflicts
Alameda County Family Law Blog | Law Offices of John A. Guthrie
by jerricraventextbroker
2M ago
Co-parenting after a California divorce is not always smooth. Even if you and your former spouse have an amicable relationship, there will be times that you might see things differently. While this might be normal, it is important to avoid putting your child in the middle of these conflicts. How a child ends up in the middle While in some cases, the parents might deliberately do so, such as by fighting in front of their children or speaking harshly about their other parent, in other cases, this might happen accidentally. Some of the ways that might result in the child feeling torn between thei ..read more
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Modifying spousal support in California
Alameda County Family Law Blog | Law Offices of John A. Guthrie
by jerricraventextbroker
3M ago
California residents who pay or receive spousal support may petition the court to have the arrangements modified in certain situations. Both permanent and temporary spousal support orders can be changed if legal grounds can be established. However, they cannot be if the spouses agree in writing or in open court that the obligation to pay spousal support cannot be revoked or modified. In order to obtain a spousal support modification, the petitioner must convince a family law judge that there has been a substantial and material change in circumstances. Substantial and material Petitions to modi ..read more
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