Articles Tagged with Ukiah family law attorney

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couple in a sports carUnmarried Couples? According to modern trends, more and more Californians are living together outside of marriage, whether for personal, financial, or other reasons. Even absent the traditional nuptials, however, such couples may, for all intents and purposes, behave just like married spouses–having children, sharing income, purchasing a home, or the like. But what happens when such couples split up? Without the formal act of marriage there can be no divorce. Many people wonder how California courts deal with questions of property and child custody in such situations.

Common Law Marriages in California?

There is a common perception that any couple who lives together long enough enters into a “common law” marriage. So how long must a couple live together before their relationship is considered a common law marriage? In fact, there is no such thing as common law marriage in California. Although the practice once existed, common law marriages were abolished in California back in 1895.

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Unhappy CoupleHow do I deal with a toxic ex-spouse? Some divorces are amicable. Some are not. You may be surprised to find that your divorce has turned your one-time sweetheart into a ball of angry, vengeful, spite. How do you deal with an ex-spouse who seems to go out of his or her way to make you miserable? Following are some tips.

Don’t fuel the fire For some ex-spouses, the practice of inflicting emotional harm on you is a game that they have to “win.” As such, they take each perceived slight, each harmful mistake you make, and throw it back at you with twice the fury. In this situation, it is often best to take the high road. Let your ex-spouse know that you will not play the game. When protecting yourself against a malicious ex, do not give them anything that can incite their rage or that can be used against you.

Protect your digital self – Many couples share information about their online selves with each other. This information often includes passwords, usernames, profile information, and the like. When your relationship goes south it is a good idea to change that information. Be sure your ex cannot have access to email accounts, private bank accounts, social media profiles, or other important online accounts associated with your name. The last thing you want is your toxic ex reading through your emails.

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classroomIn 1994 Utah became the first state to require that divorcing couples complete a seminar before a court would finalize their divorce. Utah is known as one of the more conservative states in the country when it comes to traditional family values and back in 1994, requiring divorcing couples to attend a seminar was certainly in keeping with that image. According to an article in The New York Times, 48 states now offer some form of classes for divorcing couples. 27 of them require by statute that divorcing parents take the class, while others leave the decisions up to cities, counties, or individual judges.

Now, a Utah lawmaker is proposing a bill that would require couples to take at least part of the seminar earlier in the divorce process. The goal of the legislation is to reduce the rate of divorce among couples with children. The theory is that, if couples are counseled at an earlier date about divorce’s potential impact on their children, they will be more likely to reconsider and perhaps stay together. The bill, which is likely to pass, puts Utah back in the spotlight for an initiative that made it unique 20 years ago but which is commonplace today.

Divorcing Couples Classes Vary in Approach

The classes touch on a variety of subjects, and vary considerably from state to state. The Utah seminar lasts two hours and costs $55. Some states only mandate that parents attend a video session. Other classes feature roleplaying and information about how the divorce could affect the parents’ children. In general, the courses place a great amount of emphasis on protecting children and keeping them out of arguments. There is also some helpful advice about legal fees and finding divorce attorneys.

High Divorce Rates Are Concerning to Some Lawmakers

The Utah bill is not the only attempt by a state to address our country’s high divorce rate. Since California became the first state to allow no-fault divorces in 1969, divorce rates have generally been higher than many policymakers and commentators would like. There have been various attempts to decrease the divorce rate. A pending bill in Oklahoma would prolong the divorce waiting period to six months. In North Carolina, a similar bill would extend the waiting period to two years.

Utah’s divorce rate is slightly higher than the national average. It has decreased in recent years, as the marriage rate has also gone down. Opponents of the divorce seminar bill are skeptical that it would have any impact on the divorce rate. Even if the class were required at an earlier point in the process, once a couple starts taking positive steps toward divorce, it is very difficult to change their minds. More importantly, it is not clear that the state has any role or responsibility in discouraging divorce, and perhaps the resources used for these classes could be spent more effectively on other programs.

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The role of co-parenting after divorce. A divorce or separation can be extremely difficult on a couple’s children. All of a sudden, the kids go from living in a seemingly stable two-parent household to being caught in the middle of a bitter break-up. In particular, having to go back and forth between the father’s house and the mother’s house can be a traumatic change. There is no way to completely shield children from the negative effects of this process. However, by putting in place a good co-parenting plan, the separating couple can ease some of the difficulty for their children.

co-parenting

Strategies for an Effective Co-Parenting Arrangement

Here are some suggestions for creating a co-parenting arrangement that works for everyone:

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Back in June of 2010, New York became the 50th and last state to pass some form of No-Fault Divorce Legislation, 40 years after that of California.  What with the recent debates over same-sex marriage and, now, polygamy have raised questions about the nature of marriage and how the institution of marriage has evolved over time. Progressives generally favor a more expansive and inclusive definition of marriage, with the institution adapting to changing social conditions. Conservatives warn that there could be negative and unforeseen consequences to these changes, and that therefore we should tread lightly when it comes to modifying such an esteemed human institution.

Ring in Book

However, it is possible that both sides are ignoring a much older and more consequential change to our marriage laws. Since 1969, all the states, one by one, have reformed their family law codes to allow for no-fault divorce. Traditionally, American courts would only grant a divorce after establishing that one party had committed a breach of the marital contract. No-fault divorce, in contrast, is dissolution of marriage that does not require a showing of wrongdoing by either party.

A Brief History of No-fault Divorce

The earliest known examples of no-fault divorces occurred in Russia shortly after the Bolshevik Revolution. The decrees providing for no-fault divorce were seen at the time as revolutionary attempts to deemphasize marriage in the Soviet Union. In the United States, the Sexual Revolution, feminist movement, and anti-establishment sentiment of the 1960s helped place the idea of no-fault divorce on the political agenda.

In 1967, the National Conference of Commissioners on Uniform State Laws was tasked with drafting a uniform marriage and divorce code for consideration by state legislatures. The various drafts of the NCCUSL’s uniform code all liberalized the current divorce laws on the books in most states. This code had no binding impact on state legislatures, but was deeply influential on family law statutes from the time it was first drafted.

Two years after the NCCUSL began meeting, the California state legislature passed the California Family Law Act of 1969. The Act was signed into law by Governor Ronald Reagan on January 1, 1970, and included a provision allowing for dissolution of marriage when one party cited irreconcilable differences. This effectively made California the first state to allow for no-fault divorce and as previously mentioned, 40 years later, in 2010, New York became the last state in the US to pass a no-fault divorce statute.

While there are still some who argue against no-fault divorce, it is now the law of the land in California and the rest of the country. There is no question that it has made divorce easier, particularly for those who lack power or control in their respective marriages. Continue reading →

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