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July 2015 Archives

How to avoid the most common and costly mistakes during divorce

Ask 100 divorced couples in California if they have any regrets from their divorces and some will certainly say "yes." Many believe that if they had made different decisions, both the process and aftermath would have been less stressful for them and their children. So what are the most common mistakes these couples made and came to regret?

Couple in San Francisco fights over frozen embryos

A recent case filed in San Francisco by a divorced couple over custody of frozen embryos may lead to a new law in the state because the issue; so far, has not been addressed legally. Simply put, this is a not a custody dispute for a living, breathing child but for potential children in the form of cryogenically preserved embryos. San Francisco family court now has to decide what happens to these frozen embryos when one divorced spouse wants them destroyed while the other doesn't.

What constitutes a child support agreement?

Child support is a required payment made by the non-custodial parent to the custodial parent for the care and maintenance of the person's child or children. In California, courts must issue an order directing the non-custodial parent to pay child support according to child support guideline issued by the state. However, the divorcing parents may agree to a different child support amount if they draft and agree to a child support agreement outside the court.

Factors influencing the amount of spousal support

Spousal support is often an extremely contentious issue in many California divorces. Endless debates go on between the lawyers at both ends whether one spouse is deserving of spousal support and how much the other has the capacity to pay. While the receiving party wants as much money as possible for as long as possible, the paying spouse wants to pay the smallest amount possible.

Divorce mediation: pros and cons

Divorce mediation is a process in which a divorce is facilitated by a neutral mediator. Divorced couples in California as well as in other parts of the United States often experience unpleasant situations as they are going through the divorce process. A mediator can help the divorcing couple to agree to the terms of the divorce.

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John T. Chamberlin, Attorney at Law
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