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Effect of Divorce on Life Insurance Upon divorce, it is important to review the beneficiary designations on existing life insurance policies and make any necessary changes.  This may depend upon the financial obligations between the parties, such as alimony, child support, and other financial issues that may be contained in the divorce settlement agreement or…

International Child Custody Divorce Lawyer Brief statement: Generally, a California court may hear and determine a child custody matter if the party seeking California jurisdiction can establish California as the child’s home state when the proceeding commenced or it was the child’s home state six months before commencement of the proceeding and a parent is…

International Divorce Jurisdiction There are jurisdictional issues you must be aware of when filing a divorce in California, especially here in Silicon Valley.  The first thing to know before discussing international jurisdiction, is whether the courts here have personal and subject matter jurisdiction over the issues. When filing for divorce here in Silicon Valley, one…

Same-Sex Marital Partners face a number of issues, as many countries do not allow or do not recognize Same-Sex Marriage. Those countries who neither permit nor recognize Same Sex Marriage, often do not permit Same-Sex Marital Partners to use their court systems to obtain divorces either. However, the State of California has laws to facilitate…

Can a foreign divorce be recognized in the United States?  Marriage and divorce generally are considered matters reserved to the states rather than to the federal government. There is no treaty in force between the United States and any country that requires the recognition of foreign divorces.  However, a divorce decree issued in a foreign…

Unwed father needs to establish paternity: If you are an unwed father, there are some things you need to know and do as you prepare to take on your role as a father who is not married to his child’s mother. In family law across the United States, if a married couple have a baby, the legal presumption…

Mental Health and Grounds for Divorce in California Here is another story: My wife and I have been married for 4 years and throughout the marriage, she has exhibited extremely erratic behavior from depression to elation and bipolarity. The ups and downs have been very disturbing and miserable.  After our separation, she was diagnosed and treated as schizophrenia and bipolarity. She didn’t…

Mental Illness and Divorce in California The case scenario described below isn’t a rare case, unfortunately it does happen in a marriage: My wife who was hospitalized and treated for schizophrenia before the conception of our child is now falsely accusing me of physically abusing our merely 2 years old daughter.  Her accusation has put…

Adultery and Divorce law in California Most people believe that cheating on your spouse is wrong, but whether or not it can get you in legal trouble depends on where you live. California’s divorce laws are forgiving of adultery.  California is considered a no-fault jurisdiction. Accordingly, the court will not consider your spouse’s affair when determining spousal…

In California, courts can annul marriages when one spouse couldn’t have consented to the marriage at the time of the wedding. For example, if one spouse was underage or was forced to marry, the judge will declare the marriage void. Courts can also annul marriages when one spouse couldn’t have consented due to being unable…

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