There are many people in Orange County who may be divorced or legally separated and begin to realize that their agreement or divorce order is no longer workable, for whatever reason. In some cases, they may even discover that their order is unfair or was based on bad information.
Ordinarily, California law requires that a person wishing to adopt a child get the consent of the child's biological parents, unless of course it is a stepparent adoption, in which case only one biological parent really needs to give consent.
California law gives unmarried mothers and all dads the right to sign a Declaration of Paternity form. By signing this form, unmarried couples who are parents of a child can skip the process of going to court, getting DNA testing and obtaining a legal order establishing paternity; the Declaration itself makes the man who signed it the legal father of the child.
As it stands right now, an Orange County, California, resident who pays alimony is able to take those payments as a tax deduction, while the spouse who receives the alimony, and who usually makes less money, will have to include those payments as income.
Particularly when a child is still small, an Orange County couple who has divorced or who has never been married may discover as time goes on that the court's paternity order or divorce decree simply no longer fits their situation. In this case, especially since it may have been months or even years since the original court order got entered, these people may wonder what exactly their options are.
For many people who are in an unhappy marriage, the prospect of divorce may seem to be the only option. When emotions often run high during these unhappy times, it is not uncommon for a spouse or both spouses to let their emotions get the best of them; this can lead to words exchanged and things done that are not in anyone's best interest.
It is not uncommon for married couples to split up family responsibilities. This often means that one spouse earns money for the family while the other spouse stays home to take care of the house and children. While this arrangement may suit both sides well and will help maintain a happy and healthy relationship in many cases, when a marriage turns south and a divorce is on the horizon, this could make life after a divorce especially difficult for the non-working spouse.
One of the most enduring decisions a California married couple could make is the decision to adopt a child. While such a decision is indeed admirable, and one that will certainly help the life of a child who will receive a loving household, it is still important to understand that the commitment to adopt a child is not one that should be taken lightly.
A prenuptial agreement (pre-nup) that sets forth the division of assets, debts and lifestyle agreements may eliminate many family law problems following a California divorce. It can help protect a spouse's assets and eliminate a dispute, if the relationship ends.
One of the most complex family law matters is dividing assets in a military divorce, which falls under Federal and California law. The Supreme Court ruled this month that states cannot raise a former spouse's retirement pay to compensate for losing benefits caused by waving disability payments.