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December 2012 Archives

Divorce mediation offering a less adversarial separation setting

There is no question that divorce can be a trying process. It is difficult to make the decision or accept the fact that a once intended life long relationship is going to end early. A separating couple has built a life together and often shares bank accounts and children, in addition to sharing friends, family and other property. Coming to terms with the fact that one will no longer have that individual in his or her life is hard, no doubt. Sometimes, all of these emotional and stressful factors play into the divorce process, lurking somewhere deep in the unconscious mind, surfacing later as anger and frustration.

Supreme Court agrees to hear California same-sex case

As California residents know, there many complexities to divorce. Some examples include determinations of division of assets, spousal support and child custody, to name only a few. Thankfully, the law in California and in most states sets forth relatively clear guidelines as to how separating couples should answer these questions in the event of disagreement. Further, the government recognizes that divorce can affect an individual financially in a special way. For example, alimony payments mean the movement of one spouse's income to the other's. For federal income tax purposes, the law permits the paying spouse to take a deduction for the amount of money paid out in alimony in order to avoid being taxed on income of which he or she never received the benefit. However, due to certain laws, same sex couples do not receive this same assistance.

U.S. Supreme Court grapples with international child custody case

Divorce can by a trying affair. In addition to questions of property division and child support, separating couples most often address child custody concerns. If divorcing spouses can agree between each other on whether one will have sole custody or the two will share joint custody, a judge often need not intervene.

Divorcing parents with disabilities may face challenges with child custody

Many individuals experiencing divorce struggle with custody issues. Determining the physical custody and legal custody of one's child can be an incredibly difficult process. California courts consider the best interests of the child when issuing child custody orders.

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John T. Chamberlin, Attorney at Law
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