How to Prove Mental Abuse in Divorce
Navigating a divorce is challenging under any circumstances, but proving mental abuse can add an additional layer of complexity. Mental abuse, also known as emotional abuse, can be subtle and difficult to quantify, making it a particularly challenging aspect to present in divorce proceedings. At Duncan Family Law, we specialize in helping clients gather the […]
What Happens if a Restraining Order is Not Served?
Imagine the relief of obtaining a restraining order, only to find it’s like shouting into the wind if not properly served. This legal hiccup can flip your sense of security on its head, leaving you wondering where to stand. When paperwork aimed at protecting you doesn’t reach the right hands, it’s as though your safety […]
Moving Out of State with Child No Custody Agreement: Key Considerations for Parents
Moving out of state with a child when there is no custody agreement in place can be a complex situation legally and emotionally. Parents may decide to relocate for various reasons, including employment opportunities, a desire to be closer to family, or a need for a change in environment. However, when parents are not operating […]
Can You Really Divorce Without Splitting Assets?
Short Summary So, Can You Really Divorce Without Splitting Assets? The short answer is Yes, it is possible to divorce without splitting assets. This can happen through a prenuptial agreement, a mutual agreement, or your specific state laws. However, in community property states, such as California, any income, real estate, or other property acquired by […]
What Proof Do You Need for a Restraining Order?
The question, “What proof do you need for a restraining order?” is commonly asked but rarely, it seems, thoroughly understood. Evidence like documented injuries or threats, recorded messages, written statements and credible witness accounts are generally crucial. This article offers a focused breakdown of the specific types of proof required and how to effectively compile […]
What is Divorce Mediation and Is It Right for You?
What is divorce mediation? It is a facilitated negotiation process where separating spouses work with a neutral third-party mediator to resolve their disputes. This process aims to reach a mutually agreeable settlement on issues like asset division, child custody, and support, without the need for a contentious courtroom battle. The mediator’s role is to guide […]
What Can Cause You To Lose Custody Of A Child: Key Questions and Answers
Navigating the complexities of child custody can be challenging for parents. To help clarify common concerns, this article presents a comprehensive FAQ on the potential causes that can lead to losing custody of a child. What Makes You Lose Child Custody: Frequently Asked Questions Can I Lose Custody of My Child for Dating? No. Dating […]
What Not to Say in Child Custody Mediation: Avoid Mistakes & Get the Best Outcome
What not to say in child custody mediation involves avoiding any language that is offensive, irrelevant or goes against the child’s best interests. Showing respect to both the mediator and the other parent is key to a successful child custody mediation. The process of child custody mediation can be an emotional rollercoaster. With a child’s […]
How to Find a Good Divorce Lawyer: Essential Steps
Finding the right divorce lawyer is crucial for navigating your divorce journey successfully. It can make a significant difference in understanding your situation and achieving a favorable settlement. The process of finding a good divorce lawyer involves gaining insight into your needs as a couple, comprehending the legal aspects, and setting the stage for successful […]
Understanding Palimony in California: Definitions, Differences, Entitlements & Legal Insights
Did you know that in California, nearly 40% of couples live together without getting married? This trend reflects the increasing prevalence of common law marriage and same-sex marriage, and highlights the changing dynamics of marital relationships and divorce in the state. This trend reflects the increasing prevalence of common law marriage and same-sex marriage, and […]