California divorce laws

CHILD SUPPORT:

Both parents of a minor child have a responsibility to support their child in a manner appropriate to the circumstances of the child. The duty of assistance continues until the child is completed the 12th grade or reaches the age of 19 years, occurs earlier. Both parents have a responsibility to maintain, to the extent of their abilities, a child of any age who is incapacitated from earning a living and without sufficient resources.

The Court shall adhere to the guideline uniform statewide and may waive the guideline only in special circumstances as set out in this article. [Based on California family code-sections: 3900, 3901,3910, 4052]

PREMARITAL AGREEMENT:

To be valid, a prenuptial agreement is made in writing and signed by both parties. It is applicable without consideration. Parts for a prenuptial agreement can contract than any of the following elements: (1) the rights and obligations of each party in any of the properties of one or both of them whenever and wherever gained or lies. (2) the right to buy, sell, use, transfer, Exchange, give, lease, give, devote, consume, create a security interest, mortgage, encumber, dispose of, or otherwise manage and control properties. (3) disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event. (4) the achievement of a will, trust or other agreement to carry out the provisions of the agreement. (5) the right of ownership and disposition of the death benefit from life insurance policy. (6) the choice of law governing the construction of the agreement. (7) any other matter, including their personal rights and duties, in violation of public order or of a statute imposing a criminal penalty.

The right of a child support may not be negatively impacted by a prenuptial agreement. Any provision with regard to spousal support, including but not limited to, a waiver thereof, shall not apply if the party against whom enforcement is sought of spousal support was not represented by counsel independent at the time the agreement was signed, or if provisions relating to spousal support are inconceivable at the time of execution. [Based on California family code: sections 1611-1612]

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California divorce lawyer criticizes divorce insurance, as a ' Bad Idea '

John Logan, creator of marriage, divorce insurance, simply wanted to encourage couples to plan in advance and provide them a valid option should their marriage turn sour in the future. However, most people, the latest from Los Angeles divorce lawyer Marco Baer, simply would have none of it.

The insurance company of divorce capitalized on this fairly new concept and innovative divorce by releasing its website on August 5, 2010. By marriage then marketed itself as the perfect wedding gift to protect both spouses from suffering huge losses if they ended up in divorce.

Insurance of divorce from marriage sells individual policies, also known as a "unit", which costs $ 99us 15. and is equivalent to $ 1, very, upon payment of the initial coverage. Clients can choose from any number of units depending on the flat-rate amounts for the costs of divorce in their respective States. Therefore, the initial coverage of 15 units is $ 18, 750US ($ 1, very x 15), which is enough to cover the costs of service and legal in most States. Once the waiting period before the end of four years, customers will see their benefits go up by $ very each year as their prize never increases. Therefore, in order to receive the lump sum of cash equivalent, for which the customer has paid, he or she must submit proof of divorce to the company after the waiting period.

Although divorce insurance seems to be a new concept, advocate Baer, who helped couples to Los Angeles to dissolve their marriage while inflicting as little damage as possible to their families for 25 years and counting, sees this type of insurance in a different light. In accordance with his statement to the press, "studies show that those who negotiate a premarital agreement can have stronger marriages than those who don't like the process of creating the agreement operates as a form of premarital counseling. Divorce insurance does not provide any of those benefits. When couples hit hard times, instead of working to resolve these issues, insurance of divorce will motivate them to seek an end to their marriage to get a return on investment, promoting ultimately divorce. "

In addition, he continues saying: "If you want to buy insurance for divorce because you think that marriage is about to fail, as in the case of a marriage are going to have?"

Although Baer have some valid arguments that denies the legitimacy of divorce insurance, only time will tell if the marriage is sufficiently effective protect spouses from financial pitfalls caused by the dissolution of the marriage.

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