Orange County California Family Law & Divorce Articles

What is the difference between a will and a living trust?

A will, also called a testament, is a legally enforceable document directing how a deceased person's property is to be distributed. A trust is created by a living person but administered by another party while the person who created the trust is still alive. A living trust allows property to be distributed much more quickly…
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Living Arrangements for a Conservatee

When you are the conservator of a person, you will have the right to decide where the conservatee under your care will live but you must allow the conservatee the right to give his/her opinion on the living arrangements. The living arrangement for the conservatee must be safe, comfortable and must be accommodating to any needs and…
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Parental abduction California – Hague Convention information

If you landed on this page, you most likely conducted a search for "Parental abduction California" or something similar. I will attempt to shed some light on this topic. In general, when a parent takes a child who is a citizen of the United States, the State Department's Office of Children Issues gets involved. They…
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Child Support: When a Parent’s Income Changes

When you suspect the other parent's income has changed after your child support order has go through the court and there has been a final judgement, be very careful about going to file for motion to change the support. If you are wrong about the other parent's raise in income and it has in fact…
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Who Qualifies for Family Based Visas PART 2

The difference between "immediate" or "preference" relatives is that immediate relatives may obtain permanent residency at any time while preference relatives must wait until their "priority" date is available which varies depending on country of origin and other factors. Immediate relatives are spouses of US citizens, children (under 21) of US citizens, and parents of…
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Family Protection Unit: Domestic Violence

If a current or former spouse, domestic partner, boyfriend, girlfriend, fiancé, housemate or the other parent of a shared child threatens you with or performs acts of violence towards you, that is considered domestic violence. Many victims are hesitant to report any cases of domestic violence because of their family pressures and because they are…
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Who Qualifies for Family Based Visas?

Family based immigration visas are reserved for relatives of U.S. citizens and lawful permanent residents. The two qualifications to obtain a family based visa are 1) to not be inadmissible, and 2) to prove the immigrant has a family relationship with a US citizen or permanent resident. Depending on whether the sponsor is a citizen…
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Partner Support

If you divorce your domestic partner, the courts may order one of you to pay the other a monthly amount or partner support money. To determine the amount of support that will be paid will depend on several factors, such as: -The duration of your domestic partnership, -Both of your ages and your health, -Both…
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Reasons to get a Prenuptial Agreement

Some pre-nuptial agreements are made because of financial reasons, some are also made for the legal benefits of signing a pre-nup. If there is a gap in current wealth or income, a pre-nup is a good idea because it protects both individuals. This way, neither party is surprised because the partner with less financial wealth…
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What’s inside a Prenuptial Agreement

A prenuptial agreement can include many of the issues which may come up in a divorce to later follow. There are also limits to the areas it can control. A prenuptial agreement can deal with; property division during divorce, responsibility for premarital debts, financial obligations, how disputes will be settled (mediation, arbitration), and may include…
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