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Posted on in Divorce

California divorce lawyerIf you are going through a divorce in the Santa Clara County and have signed a prenuptial agreement, you may wonder how it will affect your proceedings. In many cases, prenups simplify the divorce process, as these agreements dictate how property will be divided. Property division can be one of the most contentious aspects of divorces.

However, there are many requirements a prenup agreement must meet in order for the court to enforce it in full, as written and signed by the parties. If you seek to invalidate a prenup agreement, it is important to be aware of common mistakes that can be made. If you seek to enforce a prenup agreement, it is critical to identify weaknesses in the agreement and formulate a defense as to why the contract should be enforced.

In general, California follows the Uniform Premarital Agreement Act (UPAA), which is a set of recommended laws adopted individually, in whole or in part, by states across the country. Some of the requirements and prohibitions found in UPAA include:

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California divorce lawyerMany people seek a divorce because they are tired of fighting with their spouse. Once they begin the divorce process, which typically includes property division, child custody, and setting support, they see that many more fights may be in store.

Perhaps it is the case that the other spouse is taking a tense situation and adding fuel to the fire. These spouses are considered to be high-conflict, and it can feel like there is no way out but to put up a fight.

However, a Cupertino divorce attorney has dealt with many high-conflict cases and understands how family law proceedings should be handled to minimize fighting. Here are some tips on how to manage a high-conflict ex.

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California mediation attorneyGray divorce - those involving spouses over age 50 - are on the rise in the U.S. Among this group, the divorce rate has roughly doubled since the 1990s, according to data from the National Center for Health Statistics and U.S. Census Bureau. Among spouses 65 and older, the divorce rate has tripled in the same period of time.

Experts say that baby boomers, who as a group experienced marital instability earlier in life, are contributing to the rising divorce rate in this age group as subsequent marriages tend to be less stable than first marriages.

Divorces among these population groups often focus on certain types of issues due to the station in life that the spouses find themselves in. Mediation with a qualified Saratoga divorce attorney can be a great fit for those going through a gray divorce for several reasons.

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California custody lawyerIf you and your ex cannot agree on a child custody schedule, a court will get involved to make one. When making this determination, California law instructs that courts must consider the best interest of the child.

This means that the desires of the parents are not given much weight, except as to how they relate to the child’s best interest. Also, it should be noted that this calculus is related only to physical custody not legal custody. Legal custody refers to the rights of the parents to make all critical decisions that affect the child's life.

The law further outlines what factors should be weighed in deciding what custody arrangement is in the best interest of the child. Your Campbell family law attorney can discuss the specific circumstances in your case, but generally, these factors include:

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Posted on in Paternity

California paternity attorneyIn California, having a legal mother and father can be very beneficial to a child. But not every child is born to a family with a legal father. California recognizes a child’s legal paternity if the parents are married at the time of the child’s birth, or if the father is living with the mother and child in a family-like situation and demonstrates a commitment to the child. But if California does not automatically recognize a child’s paternity, there are two ways to establish it. A Sunnyvale paternity attorney can help.

Voluntary Declaration of Paternity

If a child’s mother and father wish to voluntarily establish the child’s paternity, they may sign a Voluntary Declaration of Paternity (VDP) form, acknowledging that they are the child’s parents. If the mother gives birth in a hospital, the hospital will provide her with the form, and, if the father signs at the hospital, his name will be put on the child’s birth certificate. If the parents sign the VDP later, a new birth certificate, including the father’s name, can be issued.

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