Tuesday, July 28, 2015

The Top 5 Reasons for Marriage Annulments

If you are thinking about dissolving your marriage, you are probably considering getting a divorce. While that is the more common route, you may be eligible for another—annulment. This actionmandates that the marriage is invalid due to a specific reason. The following are the top five reasons for marital annulments. 

The first is being under the influence of alcohol or drugs. If you were intoxicated or high, you may not have been aware of your actions. Alcohol and drugs cause you to lose your rationality and sense of judgment and to make mistakes you otherwise would not make.

The secondis similar to the first in that you lacked proper judgment and understanding. For example, perhaps you thought that your drive-through wedding in Vegas was just a fun, fake experience when it really was an actual marriage ceremony done by a person holding authority to perform weddings. On a more serious note, it could be that you or your spouse is of an unsound mind and not able to mentally comprehend the obligations of marriage.

The third reason is bigamy, which means that one of you is already married to someone else. It may be that your spouse lied to you and knowingly committed a crime. Another possibility is that he or she didn’t know either. Sometimes if divorce papers are not filed properly they do not get officially finalized and make the person unknowingly still legally married. 

The fourth is being deceived on an important matter that had you been aware of it, would have caused you not to marry your spouse. Some of these issues include his or her sexual preferences, religion, criminal history, debt, and capability of having children. In these instances, you must prove deception, or incurability in the case of infertility. 

The fifth is being used by an illegal immigrant to obtain a green card. You may have thought you two were truly in love, when in reality your spouse had an ulterior motive. This type of fraud can be most hurtful.

The sixth reason is being forced or threatened into getting married. Your marriage will be deemed invalid if it was done against your will. You won’t have to stay with an abusive, controlling spouse.
Fortunately, an annulment only requires one of these reasons to be true for your circumstances, and you don’t need to be married for a certain length of time before taking legal action. However, 
gathering evidence can be very difficult, so you should immediately seek legal assistance.  Visit this website to find a reputed family law firm in Mission Viejo.

Saturday, July 18, 2015

How the Child Support Process Works

When parents divorce and one retains custody of the child, the other parent, otherwise known as the non-custodial parent, is often responsible for paying child support. The child support process can be difficult to understand, so below are some quick answers to some commonly asked questions.

1. Which Parent Is Responsible for Paying Child Support?
Generally speaking, the non-custodial parent is responsible for paying child support. This parent may have the child on weekends or holidays, with the custodial parent being the primary caretaker. If the parents have joint custody and the child splits time equally between both parents, then generally neither parent needs to pay child support.

2. How Is the Amount Determined?
If the non-custodial parent works, a judge will determine the custody amount based on his or her income, as well as the income of the custodial parent. If the non-custodial parent doesn’t work, the judge will often use the parent’s last job in order to determine how much he or she should be responsible for. For instance, if the parent worked as a public school teacher, his or her contribution may be based on what a public school teacher makes.

3. What Happens if the Parent Doesn’t Pay?
If the non-custodial parent doesn’t pay, he or she will first get a delinquency notice and then may have a warrant out for his or her arrest. The delinquency notice is generally sent out after two missed payments, with an arrest occurring after the delinquency continues to accrue.

Child support is considered crucial to a child’s well being and to relieve pressure from one parent. Therefore, there are strict guidelines in place to facilitate the transactions. To learn more about a child support attorney in Palm Desert, please visit this website.

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Friday, June 26, 2015

How Mediation Helps You and Your Children through a Child Custody Battle

When two people who haven’t been communicating in their marriage decide to separate, it can be very difficult to discuss decisions about the children. Mediation is a process that involves a neutral third party who can help two individuals come together and find a workable solution for their situation. There are many benefits of using a mediator in a child custody battle.

Financial Savings
A mediator is much less expensive than a long, drawn out courtroom battle. Although you may still have a lawyer on your side, you won’t be using them as much throughout your proceedings.

Emotional Savings
Participating in mediation allows you to have more control over the decisions of parenting and childcare. You will not be depending on a judge to decide who gets custody.

More Participation
Studies show that when two people go through the mediation process, they are much more likely to stay involved in their children’s life and honor the agreement.

Mediation Is not for Everyone
There are situations when mediation is not a good option. For example, if there has been domestic violence or abuse, it may not be advisable to explore mediation. Your lawyer can counsel you further, but mediation is a good opportunity to work together for what’s right for your children and their lifestyle. To learn more about mediation, please visit this website of an attorney for child custody in Carmel.

Hollywood’s Divorces

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