Newport Family Law & Mediation Group

04/08/2022

Can I See My Grandkids?

Divorce affects the entire family, including grandparents - do they have any rights?

That family bond is important.

03/19/2022

Do I have a right to see my grandchildren? | Newport Family Law & Mediation Group

Do I have a right to see my grandchildren?: Divorce is hard on individuals, couples and children, but it also affects those who are outside of the nuclear family.

Loving grandparents can become victims when complicated family matters prevent them from spending quality time with their young grandchildren.
Legal reasons for grandparents' rights
California family court evaluates situations on a case-by-case basis, but there are some circumstances where grandparents may petition the court for visitation rights. These include situations where:

One of the parents of the children has passed away
The child does not reside with either parent
The parents get divorced or were never legally married
There is a pending custody case in a California family court
The parents are legally married with a permanent separation agreement in place
A stepparent has adopted the child and the biological grandparent wishes to remain involved

Judges' considerations when making decisions
If there is a basis for grandparents' rights, and the grandparents can provide proof of an existing relationship that serves the best interest of the children, courts may grant visitation. However, if the reason for the petition no longer applies to the situation, a judge may reverse the decision and revoke the judgment. Additionally, courts generally do not attempt to rule against the wishes of parents unless there are extenuating circumstances. Therefore, if parents object to the grandparents having visitation rights, judges will consider the reasons why.

Grandparents have a special and essential role in the lives of their grandchildren, and thankfully, the California family court system recognizes and works to support family bonding during difficult times. https://bit.ly/36h0VIq

Divorce is hard on individuals, couples and children, but it also affects those who are outside of the nuclear family. Loving grandparents can become victims when complicated family matters prevent

12/16/2021

301 Moved Permanently

Does your parent need a guardian?: If your elderly parent or loved one can no longer live or do certain tasks independently, you may consider establishing a California guardianship. This legal arrangement, called a conservatorship when established for adults, gives a responsible person the right to manage another person's affairs and finances.

Review the basics about setting up a conservatorship for an aging family member in California.
Signs your loved one needs a guardian
If you are thinking about guardianship, you have noticed that your parent cannot function as he or she once did. Warning signs include forgetting to take medications, failing to perform personal hygiene and no longer eating properly. You might notice stacks of unopened mail or bills at your parent's house.
California conservatorship basics
In California, a family member can petition the probate court to establish a general conservatorship when another adult cannot provide self-care or financial management, such as an elderly person. If the court appoints you as your parent's guardian, you agree to care for and protect him or her, including shelter, meals, medical treatment, household management, personal care and transportation.

You must regularly update the court about your family member's mental and physical health and well-being. Some major decisions on behalf of your parent, such as changing living arrangements, might require sign-off from the judge.

While various family members can file for conservatorship, the court will make sure that a suggested arrangement supports the person's best interests. California prefers to have a spouse serve in this role if possible, followed by an adult child, living parent, sibling or another family member. https://bit.ly/3yxr1AM

09/21/2021

The Biggest Factors For Spousal Support

Some partners are financially vulnerable after a divorce and need additional income to live.

Would I qualify for this type of judgment?

09/10/2021

Factors California courts consider when awarding spousal support | Newport Family Law & Mediation Group

Factors California courts consider when awarding spousal support: When you split from your husband or wife in California, you may have concerns about whether you might be able to maintain the same standard of living you have come to enjoy once your divorce becomes final. You may feel especially fearful about your financial future if your spouse was the primary breadwinner. In this situation, you may decide to seek spousal support in your divorce.

Whether you receive it, and how much of it you might receive, is going to depend on a number of different variables. Some of the factors that help determine whether you receive spousal support are as follows.
Your occupational skills and employability
A spousal support award is more likely if a judge feels you are not going to be able to land an adequate job and support yourself in the absence of your partner. The judge may consider your education, job skills and whether there is a market for your existing skillset when making decisions about support.
The length of your marriage
A longer marriage does not automatically mean you are going to receive spousal support. However, the longer your marriage lasted, the greater the chances that you made a career or other sacrifices for the betterment of your family. Typically, the more sacrifices you made for your spouse or family, the better your chances of securing support.

A judge may also consider whether there is any history of domestic violence or abuse in your marriage before deciding whether to award spousal support in your divorce. https://bit.ly/3k1pwW0

When you split from your husband or wife in California, you may have concerns about whether you might be able to maintain the same standard of living you have come to enjoy once your divorce becomes

08/30/2021

How Are Business Assets Protected?

Divorcing business owners need to make the best decisions for their company.

Understand the options during asset division.

08/26/2021

Protecting business assets in a divorce | Newport Family Law & Mediation Group

Protecting business assets in a divorce: The community property law in California requires family law judges to divide marital estates equally in divorce cases, but the assets that divorcing spouses acquired before they got married are usually considered separate property. However, separate assets may become subject to division if they are commingled with marital property, which often happens when one spouse forgoes a career in order to allow the other spouse to devote their full attention to running a business. In these situations, judges could recognize the contribution made by the spouse who maintained the household and rule that at least part of the business is community property.
Postnuptial agreements
Entrepreneurs who wish to avoid this situation should bear in mind that about half of all marriages end in divorce and take proactive steps to protect their business assets. One way they can do this is by drafting prenuptial or postnuptial agreements. These agreements cannot contain provisions dealing with child custody or visitation, but they do allow spouses to decide how their assets will be divided in a divorce. However, entrepreneurs who decide to pursue this option should make sure that the agreements they draft are negotiated openly and basically fair. This is because family law judges are reluctant to enforce prenuptial agreements that are grossly inequitable, were negotiated in bad faith or were signed under duress.
Buy/sell agreements
When businesses are owned by more than one person, buy/sell agreements can provide a way to prevent them from being divided in a divorce. These agreements could require unmarried business owners to sign prenuptial agreements if they get engaged. They could also stipulate that their fiancés must sign documents that waive their right to seek an interest in the business.
Mediation
When divorcing spouses are unable to reach an amicable agreement at the negotiating table, their attorneys may suggest trying alternatives to litigation like mediation or collaborative divorce. Court battles are both public and expensive, and there is no guarantee that either spouse will be happy with the judge's decision. Alternative methods are not as adversarial, far less costly and conducted behind closed doors. https://bit.ly/3ykDB4K

The community property law in California requires family law judges to divide marital estates equally in divorce cases, but the assets that divorcing spouses acquired before they got married are

08/25/2021

How does domestic violence affect child custody? | Newport Family Law & Mediation Group

How does domestic violence affect child custody?: Incidents of domestic violence are taken very seriously. If you are a California parent who is going through a split and there's a history of domestic violence in your relationship, it can affect child custody.
How domestic violence affects children
Sadly, more than 15 million children each year are witnesses to instances of domestic violence. This is a problem that has grown exponentially throughout the country. Domestic violence is one of the key reasons for the end of a romantic relationship. It's very common for the abused party to file for divorce. After the split, child custody issues arise if there are children as part of the family.

When domestic violence is an issue and children are involved, the court takes it very seriously. The court will determine which parent is given physical custody or if both get custody. However, the one big factor in making such a determination is always what's in the best interests of the child.
How does domestic violence affect child custody?
Domestic violence within a relationship that has children involved can significantly affect child custody. If there is sufficient evidence of domestic violence, such as police reports, medical records and protective orders, the court can deny custody to the abusive partner. This is especially true if the evidence shows that the parent may pose a danger to the child.
What factors does the court consider?
It's important to know that the court doesn't just accept one parent's word over the other when there's an allegation of domestic violence in a child custody case. The judge will consider the following to make a decision:

Whether the domestic violence affected the child or was directed at them
Whether the alleged abuser continues to pose a danger to the child or the other parent
How severe and often the domestic violence occurred
Whether the abuser has a criminal case pending against them
Physical evidence of domestic violence
Police reports that document the domestic violence

If the court finds that the domestic violence has negatively affected the child, it may act. The parent's visitation rights may be temporarily revoked or for the long-term. The judge may order the individual to take anger management and parenting classes and issue the other parent an order of protection. https://bit.ly/3zkEfAr

Incidents of domestic violence are taken very seriously. If you are a California parent who is going through a split and there's a history of domestic violence in your relationship, it can affect

08/11/2021

How to get ready for a custody hearing | Newport Family Law & Mediation Group

How to get ready for a custody hearing: In the state of California, both parents are typically given the opportunity to have custody of their children. However, the structure of your parenting plan is based on the specific circumstances of your case. For instance, if you have an irregular work schedule, it may be harder to obtain full physical custody of your son or daughter. Of course, it's impossible to know how a judge will rule until a hearing is held.
What should you do to prepare for a custody hearing?
It's important to understand that the judge must adhere to the best interest of the child standard when crafting a custody order. Therefore, it may be a good idea to spend your time collecting evidence to back your assertion that you are the person best suited to be your child's primary caregiver. This may be done by introducing statements from a child's teacher, doctor, or therapist. You can also use phone records, copies of social media messages, or other records to show that you have a strong relationship with your kid.
Stay on your best behavior while in court
During a child custody hearing, you should not speak unless directed by the judge to do so. Furthermore, you should refrain from using rude, condescending, or otherwise abusive language when you have an opportunity to speak. As a general rule, this may undermine your ability to obtain a favorable outcome in your case.

If you don't obtain custody of your child, it's likely that you will receive visitation rights. It's important to note that a custody order could be modified at a later date, and the judge in your case may outline the steps that you can take to make that happen. https://bit.ly/3AzFdJf

In the state of California, both parents are typically given the opportunity to have custody of their children. However, the structure of your parenting plan is based on the specific circumstances of

08/03/2021

What is quasi-community property and how does it impact divorce? | Newport Family Law & Mediation Group

What is quasi-community property and how does it impact divorce?: When couples in California divorce, part of the process will be dividing the property and debt acquired during the marriage. Part of the property might have been acquired during the marriage but while the couple lived outside of California. This property is considered quasi-community property and is handled in the same way as community property acquired in California.
Community or marital property
Community or marital property includes any physical property acquired during the marriage, such as homes, vehicles or furniture. But it goes beyond that. It also includes:

The salary earned by each spouse
Retirement and pension accounts
Insurance accounts that can be valued in cash
Bank accounts including savings and investment accounts
Registered patents
Businesses

There are exceptions to what is considered marital property. For example, any property acquired during the marriage from money inherited by one person generally belongs to the person who bought it, as do gifts and inheritances.
What if you lived outside of the state during marriage and acquired property?
This type of property is labeled quasi-community property and includes both any money made by the spouses from working as well as any property they acquired outside of the state. In those cases, the courts assume that the couple would have earned money and could have acquired that property as well if they had been living within the state.
What happens to marital property, including quasi-community property during a divorce?
Once the couple decides to end the marriage, their marital property, including any quasi-community property, will be divided equally between the spouses. This can, however, be affected by any prenup or postnup agreements the couple might have drafted and by any commingled property, where part of the property is individually owned but marital funds have been used to increase its value. https://bit.ly/2WFOqRB

When couples in California divorce, part of the process will be dividing the property and debt acquired during the marriage. Part of the property might have been acquired during the marriage but while

07/14/2021

What are your options for selling the marital home after divorce? | Newport Family Law & Mediation Group

What are your options for selling the marital home after divorce?: Divorce in California can be complex and emotional. However, you have options when it comes to selling your marital home once your marriage is over. This is one of the means by which your assets can be split during the divorce proceedings. Having a guide for selling the marital home can help both you and your former spouse.
How should you sell your marital home?
You can sell your home either during or after your divorce. Regardless of your choice of when to sell, there are three options for selling your marital home. They include the following:

Sell it to a real estate investor: A real estate investor might buy your marital home for cash no matter what its condition. You can also get money for the sale within as little as a few days. Real estate investors may be your best option if your home is in a state of disrepair. You don't even have to deal with home inspectors, loan officers or contractors. The real estate investor will always buy your home as is regardless of whether you choose to sell during or after your divorce.
Sell it to a real estate agent: If you sell your home to a real estate agent, they will take a percentage of the final sales price and help you sell. They can help you by negotiating prices with potential buyers, marketing the home, showing it to prospective buyers and helping with closing on the house.
Sell it yourself: You can sell your home yourself, but it can be challenging. Selling your own home takes a lot of time, effort, money and commitment, but if you do it, you can earn more money than with the other two options. You can set your own price, market and show the home and negotiate the cost with potential buyers or their representatives.

Do you always have to sell?
In some cases of divorce, you don't have to sell the marital home. If both parties agree on what to do with it, it doesn't have to be sold. The spouses can keep joint ownership or one person can buy the other's share of the home or simply give them their share.

If an agreement cannot be met, a judge can order the home to be sold. An attorney might help you if you're going through a divorce and decide to sell your marital home. An attorney may be able to protect your rights and see that the process is done fairly. https://bit.ly/2U5YoL6

Divorce in California can be complex and emotional. However, you have options when it comes to selling your marital home once your marriage is over. This is one of the means by which your assets can

07/01/2021

What a postnuptial agreement protects | Newport Family Law & Mediation Group

What a postnuptial agreement protects: You may have heard of a prenuptial agreement, but you might be surprised to learn that there's a similar document that you can sign after you've gotten married. More and more couples in California are filing postnuptial agreements to protect their assets if they get divorced.

So what, exactly, is a postnuptial agreement, and do you need one? Read on to learn more about these agreements and what they protect.
What are the advantages of a postnuptial agreement?
The idea of filing a postnuptial agreement may seem difficult, especially if you're happily married. However, signing a postnuptial doesn't necessarily mean that you feel like your marriage won't work out. A postnuptial agreement could encourage honest communication between you and your spouse so that you both understand each other's expectations. This type of contract can spell out things that may happen if you divorce, such as how you'll sort out financial matters and who will be responsible for taking care of your kids.
What does a postnuptial contract protect?
Postnuptial contracts are very similar to prenuptial contracts. The main difference is that couples sign postnuptial agreements after they're already legally married while couples sign prenuptials before getting married. Postnuptial agreements can help protect a wide range of matters pertaining to the marriage, such as:

How the couple will divide their property if they divorce
Which parent will pay child support payments and for how long
How the couple will divide financial debts, like mortgages, credit cards and loans
How the couple will divide assets if one partner passes away during the marriage
Who will gain custody of minor children if the marriage ends

Get more information about postnuptial agreements
Laws about postnuptial agreements vary from state to state. If you're ready to learn more about this type of contract, consider speaking to a lawyer. https://bit.ly/3xdgIR1

You may have heard of a prenuptial agreement, but you might be surprised to learn that there's a similar document that you can sign after you've gotten married. More and more couples in Cali