Redwood City, California Family Law Blog

Adopting a child can be one of the most joyous events in a parent's life. It can provide a sense of fulfillment knowing that a child in need is given a stable, loving home. Although there are a lot of children available for adoption in California, the process is not as simple as many would think. Therefore, those who are considering pursuing an adoption, whether privately, through the foster care system or merely adopting a step-child, should make sure they understand the law and how it applies to their situation.

This can be especially important when individuals need assistance meeting the needs of their newly adopted child. Special needs children, in particular, may require extensive resources that are beyond what an adopting family can afford. Fortunately, federal and state law provides that those families who adopt through the foster care system may qualify for adoption subsidies, which are monthly payments that can help offset these ongoing costs of caring for an adopted child.

There are a whole host of reasons why a couple may choose to end their marriage. Disputes over money are a driving force behind many divorces, but so is infidelity. While the exact cause of a marriage dissolution may not seem that important when you get down to brass tacks, the truth of the matter is that it can play a significant role in how certain legal issues, like spousal support, are resolved.

While affairs are just as common today as they were 50 years ago, the way that they occur and how they are tracked has changed significantly. Technological advances have played a significant role in these developments. Couples who have linked digital accounts for everything from fitness apps to transportation apps like Uber, for example, can easily track one another's movements. This can allow them to quickly spot red flags that may be indicative of infidelity.

There are a number of things that can spur divorce. Infidelity, lack of common interests, and conflicting worldviews, including money management, can all contribute to spouses seeking marriage dissolution. Yet, just as there are various reasons for seeking divorce, many Californians find many reasons to put off divorce for a period of time or altogether. Sometimes these reasons are valid. In others, though, the fears are simply unfounded and can be successfully addressed through competent divorce planning, negotiating, and, if necessary, litigating.

One reason some individuals choose to stay in their broken marriages is financial insecurity. This issue may affect women more than men, and for good reason. After all, the pay gap is still far too large, and studies have shown that women are more easily stressed over financial concerns than men. Also, given that mothers are more often custodial parents, the rising costs of caring for children, especially when handling it primarily on one's own, can be especially daunting.

Alimony is meant to give one party to a divorce financial stability while they secure their own financial resources to support the lifestyle they enjoyed while married. There are a number of factors a family law court will look at when determining whether spousal support is appropriate and, if so, how much should be paid. Yet, there are instances where one party will request alimony that is unwarranted. In these circumstances, Californians need to be prepared with strong legal arguments to support their position.

There are a number of situations in which a request for spousal support will be denied. For example, under California law, alimony will not be awarded to a party if they have acquired a separate estate that is sufficient to support them. Therefore, when looking at an alimony request, the court will consider each party's assets, liabilities, and income. Additionally, a court may choose to forego ordering spousal support if the requesting party is cohabiting with another individual. Of course, in the event that alimony has already been ordered, then these facts, if they exist, may justify a request for modification.