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February 2012 Archives

5 Tips for a Less Combative Divorce

The process of going through a divorce is obviously difficult, and all too frequently an ugly experience. Inevitably there are always reasons why spouses feel that they need to fight tooth and nail to "take their spouse to the cleaners". While we understand the anger, fear and resentment that can accompany a divorce, focusing on a more positive divorce process can benefit both spouses and the entire family. If you are searching for ways to execute your divorce without the nastiness, instead focusing on being decent to each other and trying to manage your split with your ex in as positive a manner as possible, here are our top 5 tips for you:

Stepparent Adoptions

In the typical stepparent adoption case, the stepparent wants to adopt his or her spouse's child born in a previous relationship or marriage. Oftentimes this is an extension of terminating parental rights of one of the parents, and actually is often a necessary step in moving to terminate a non-custodial parent's rights. California courts take the termination of a parent's rights very seriously and will rarely do so unless a step-parent adoption is also pending. There are many exceptions to the "rule" however, so it is very important to have a qualified attorney do a personal evaluation of your situation.

How to Prevent Divorce From Threatening Your Family Business

Oftentimes a divorce is a threat to the survival of a family business. After all, getting through a divorce is an emotional and difficult process all on its own. The stakes are raised when a family business is involved, for both the divorcing spouses as well as any non-family members who are deeply involved in the business. Protecting your family business in the event of a divorce requires proactive planning, not reactive actions, but how can a family business effectively protect itself from the sometimes catastrophic effects of a divorce? A comprehensive divorce strategy is a good place to start.

Prenups aren't just for celebrities

When the media reports a celebrity couple has split up, such as Kim Kardashian and Kris Humphries, or Demi Moore and Ashton Kutcher, there is inevitably a flurry of speculation regarding whether there was a prenup in place, or if someone is going to lose a good chunk of their wealth. A prenuptial agreement is a legally binding contract that stipulates how a married couple's assets will be split up if the marriage fails. Prenups may not be for everybody, for example if you make $70,000 a year and don't own a home, it might not be worth your time to pen out a prenup. However, if you are affluent, have family money, or are an entrepreneur who is building a business that you expect to be successful one day, it is wise to consider negotiating a prenup with your future spouse.

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