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Sacramento Legal Issues Blog

When parents disagree, who gets the final say?

We are several days into the New Year now. For children, the holiday season is well in the past. Their minds are focused on the future. Many students already have ideas about warmer weather and fun plans for spring break. If you have teenagers of the driving age, they might be asking about trips that don't involve you.

With the newfound freedom of a car, teens tend to think about other kinds of freedom. Your teen may start asking about whether they can take a trip with their friend's family or without adult supervision of any kind this year. Letting them take this first trip is a huge decision for parents.

New year. New resolutions. New custody/visitation arrangement

The beginning of a new year is upon us. It is a time for reflection and review, in which many people stop to think about what is or, more accurately, what isn't working in their lives. Then, they make a promise to change it.

New Year's resolutions focus on important things in life such as health, finances and family. Children top the list of importance. You may think about how they have grown, how their unique personalities have developed and how those wonderful moments before adulthood are fleeting.

3 easy steps to stay connected when you travel for work

In the fast-paced, global world we live in today, many jobs require that you travel to another city, state or even country. Sales consultants, pilots, recruiters, archaeologists, geologists, travel writers, reporters, auditors, photographers... the list is endless.

As a parent, you cherish each moment you spend with your child. The last thing you want to do is to sacrifice valuable time in a shared-custody agreement simply because your job involves travel.

Is it easy to leave a troubled marriage?

Getting out of a troubled marriage should be easy. After all, your feelings are pretty straight forward. You are not in love with the person anymore, and you want to continue your life without them. You should not have to endure months of unnecessary litigation to get to this place. In fact, you probably wonder why some celebrities are still in the process of divorce after being separated for so long.

Fortunately for you, the state of California allows for uncontested divorces. This post will give some basic information about the process. 

When can mothers be ordered to pay child support?

Let's face it, child support payments are largely paid by men. Fathers who are not primary custodial parents and commonly have a higher income than mothers who need the support payments to defray the costs of raising a child. However, this does not mean that all fathers will be ordered to pay support in the midst of a divorce or in a custody action between unmarried parents.

What is spousal fiduciary duty and how does it impact a divorce?

In California, marriage is more than just a legal union of two people. Marriage creates an equal partnership that, according to California public policy, obliges spouses to owe each other the same good faith and fair dealings they would give someone else in another fiduciary relationship. In laymen's terms, you have a spousal fiduciary duty to better the community property (marital property) as does your spouse to you.

So what does this mean in the context of marriage? Additionally, if a married couple separates, can a perceived breach of spousal fiduciary duty affect the divorce settlement?

Whether or not to divorce during the holidays

To divorce, or not to divorce. During the holiday season, this is a question that some people in troubled marriages may be contemplating as the calendar creeps closer to Christmas. Indeed, many want to enjoy the holiday season, but when a person is suffering through the holidays with tremendous unhappiness in their hearts, who is to blame them for splitting up during what is supposed to be "most wonderful time of the year."

If this description fits you, it is prudent to make such a decision with other people in mind, especially children. Traumatic events during the holiday season could have lasting effects on them. Who wants to create an indelible memory of parents breaking up just before (or right after) Christmas? It is these situations that may lead kids to hate the holidays when they get older.

Why is she threatening to keep the kids away during Christmas?

If you didn't get a chance to spend time with your kids during Thanksgiving, you may be pretty upset about it. You may also wonder if the Christmas holidays will be any different. More importantly, you may wonder why your ex is being so evil and why she feels as if she can intimidate you by conditioning your time with the kids.

It may be because she can. As a matter of law, unmarried mothers have sole legal and sole physical custody of a child they give birth to. Because of this, mom essentially has the authority to determine who may see the child and when the child may be seen. 

Millennials have their own way of doing things

The generation gap may be widening between Millennials and the rest of the world. They already have their own sense of importance in the workplace (and take on working), they hold strong to their own mode of communication (text messaging) and have developed their own rules regarding sexual norms.

Not only are their relationships inherently different, their view of developing traditional families are as well. In addition to living together before marriage, more Millennials are buying homes together before tying the knot. This strategy may be blasphemous to older generations (especially baby boomers) but it represents a growing trend as people are waiting longer to get married.

Marital waste: When spending is more than just a shopping spree

If your marriage is ending and you're splitting on bad terms, you may be worried that your ex will become spiteful or resentful and act on these actions. This isn't uncommon in bitter contested divorce; but what is a problem, is if that resentment results in anger-driven decisions to hurt you, specifically in a financial way.

Consider for a moment your bank accounts and the fact that during divorce proceedings, you and you're your ex will need to divide your assets. Since California is a community property state, all of the assets you acquired during your marriage will be separated equally. If your spouse is bitter, however, he or she may want to minimize what you receive in the divorce settlement, perhaps doing so by going on large spending sprees or racking up copious amounts of debts.

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