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Joseph R. Zoucha, Attorney & Counselor at Law

July 2019 Archives

Is summary dissolution an option for my California divorce?

California couples at the end of a marriage will often be under the impression that the case will be filled with rancor and dispute, and they will battle over every aspect of the case. For many, this is undeniably true. For others, the case is not as difficult, and there are factors that will let the couple use what is known as a summary dissolution.

When are California prenuptial agreements not enforceable?

In California, a prenuptial agreement is a common document that some parties use to protect their interests when they get married. The goal is to shield them in case the union ends in divorce. Many might believe this is limited to those who are wealthy and have significant assets so they can be protected if there is a high asset divorce, but many will seek prenuptial agreements for a variety of reasons. If both sides have properties they want to retain, if there is a business at stake or if they want to have clearly delineated lines of what belongs to each - all are justifications for a prenuptial agreement.

Can the child have a say in determining the custodial parent?

In a California family law case, there are many considerations when child custody and support is determined. This process can be contentious and lead to acrimony between the parties. The court will factor in many issues when deciding on the custodial parent and assessing how visitation should be allocated. One part of a case that is the foundation for dispute is if the child can have a say in the custody arrangement or if the child can speak up and be heard when there is a request for an agreement modification. For those who are involved in this type of situation, understanding the law is a must.

How might a vocational counselor factor in with alimony?

In California, when a couple decides to divorce, a key factor in the settlement or court decision is spousal support, also referred to as alimony. The goal is for the supported spouse to maintain the standard of living that he or she had during the marriage. The spouse who is receiving support also bears certain responsibilities. A contribution or self-support is expected after a certain time-period and it is important for the court to understand how soon this can begin and what level of self-reliance the person can achieve.