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Santa Ana Family Law Blog

Considerations for same-sex couples in California

On behalf of Law Offices of Milo F. DeArmey posted in Divorce on Friday, May 24, 2013.

Over the last few years, the family law landscape for same-sex couples has changed dramatically. Twelve states currently -- or will soon -- recognize same-sex marriage. In California, the situation is a bit more complex. Although some same-sex couples have been married already in our state, a constitutional amendment barring gay marriage in our state is currently being challenged in the Supreme Court.

As state-by-state laws regarding same-sex marriage are changing rapidly, affected couples who currently or will soon live in California should take steps to see where they stand. In addition to basic legal concerns, such as benefits and guardianship, it may be important to look at the implications for divorce that come along with marriage.

Richards assumes temporary child custody of Sheen's children

On behalf of Law Offices of Milo F. DeArmey posted in Child Custody on Thursday, May 16, 2013.

It's no surprise that family law cases are among the most difficult legal issues to sort through. While some areas of law seem clear-cut, the emotion involved in family-related legal issues can create a series of complications. This is exactly why California statutes seek to protect the interests of family members -- especially children -- when disputes arise.

Since California is a hub for many celebrities, our state is no stranger to complex, widely publicized family law conflicts. Right now, actor Charlie Sheen is in a unique child custody situation involving two of his ex-wives. Denise Richards, Sheen's ex-wife, is currently maintaining custody of the children Sheen had with his other ex-wife Brooke Mueller while she is in rehab.

Legal movement could influence pet custody decisions in divorce

On behalf of Law Offices of Milo F. DeArmey posted in Family Law on Friday, May 10, 2013.

During the divorce process, couples understand that they need to split up the property and assets they've acquired during the course of their marriage. Some items are easy to divide, but other pieces of property may ignite tension. Under California family law, pets are considered property -- and, thus, could be included in property division -- even though they are viewed as more important than that to many people.

Knowing how strong pet and owner relationships can be, divorcing couples may be confronted with determining who the animal will live with. A growing trend could come to influence divorce cases, which has some observers concerned. There is a movement to allow independent legal advocacy for pets during legal proceedings, and proponents hope that it could become a nationwide policy.

Child support dispute shows the importance of disclosing assets

On behalf of Law Offices of Milo F. DeArmey posted in Child Support on Thursday, May 2, 2013.

According to California guidelines, child support payments are calculated by taking the both parents' income and financial wherewithal into account. This, of course, requires the parents involved in the process to honestly disclose financial information. Failing to be forthright in this process can trigger a dispute, in addition to legal consequences.

At this time, a prominent socialite in another state is locked in an intense conflict with her daughter's father based on the accusation that she conspired to hide certain assets in order to receive larger child support payments. Reports say that the woman concealed monetary gifts from her current boyfriend, which likely would have reduced the father's child support liability.

Mortgages can be a sticking point during -- and after -- divorce

On behalf of Law Offices of Milo F. DeArmey posted in Divorce on Thursday, April 25, 2013.

Orange County residents going through divorce likely have a lot on their mind. Between settling child custody and getting an accurate picture of post-divorce finances, there is are so many things to consider. Because a family home contains memories and is one of the most valuable assets many couples obtain during their marriage, it can often be a difficult piece of property to handle during a split.

Despite the challenges associated with property division, dealing with a house and its associated mortgage is something that should be done with care. Removing emotion from such a major decision can be hard, but failing to make a rational decision can create a whole host of problems in the future.

High court to rule on child custody case involving federal law

On behalf of Law Offices of Milo F. DeArmey posted in Child Custody on Friday, April 19, 2013.

The U.S. Supreme Court has likely been the subject of much discussion in the Santa Ana area, largely due to the legal challenge to California's Proposition 8. This case is not the only important family law matter that will be handled by the top court this year. Recently, the justices heard arguments regarding a years-long child custody case that involves complex tribal law.

Specifically, the case is over a custody dispute between a young girl's biological father and her adoptive parents. When she was first born three years ago, the girl was given up for adoption by her mother, partially because the biological was not supportive and showed little interest in the child. However, shortly after the adoption went through, the father had a change of heart and claimed custody based on the Indian Child Welfare Act.

Grandparents' rights: Divorce raises questions for entire family

On behalf of Law Offices of Milo F. DeArmey posted in Family Law on Thursday, April 11, 2013.

Just as divorce can't change who a child's parents are, it doesn't change the relationship children have with their grandparents. This is exactly why California family law may allow grandparents to obtain visitation rights under certain circumstances.

Divorce is an emotional process for everyone involved, which is why many grandparents may have difficulty figuring out exactly how they fit into the equation during and after divorce. Just like it's usually not beneficial for children if their parents say bad things about their soon-to-be ex-spouse, grandparents should try to respect the relationship their grandchildren have with both parents and their other grandparents.

Father's lucky numbers lead him to pay back child support

On behalf of Law Offices of Milo F. DeArmey posted in Child Support on Thursday, April 4, 2013.

Everyone in the Santa Ana area has probably dreamed of what they would do with lottery winnings. A day after winning a recent Powerball jackpot, police intended to deliver unwelcome news to the 44-year-old winner: Approximately $29,000 of his winnings would be garnished to pay off a child support debt.

When police arrived at this man's doorstep, he didn't answer. Before the man receives the $152 million payment, the warrant for unpaid child support will have to be satisfied. Local officials say that lottery officials will likely remove the child support payments from the jackpot payout.

Were the facts dodged in McCourt's California divorce?

On behalf of Law Offices of Milo F. DeArmey posted in Divorce on Thursday, March 28, 2013.

One of the most storied divorces in recent memory is that between former Los Angeles Dodgers owner Frank McCourt and his ex-wife Jamie. The couple's divorce has made news again, as Jamie McCourt is looking to re-open their case in order to receive a more accurate financial settlement.

Shortly after the couple settled their divorce, which divided nearly $300 million in assets, Frank McCourt sold his baseball team for over $2 billion. This move caused his wife to question whether or not the team was accurately valued during divorce negotiations. Most recently, Jamie McCourt submitted a legal request to receive information from her ex-husband's business advisors.

Same-sex unions could help solve California child custody issues

On behalf of Law Offices of Milo F. DeArmey posted in Child Custody on Thursday, March 21, 2013.

One of the most talked about family law topics in California over the last few years has been same-sex marriage. During that time, the issue has been on the ballot and brought to court. One perspective that proponents have added to the mix is that allowing marriage will help support the children of same-sex couples, even when parents decide to split and work to settle child custody arrangements.

As California's "Proposition 8" case moves to the U.S. Supreme Court, the American Academy of Pediatrics has joined the call to make same-sex marriage legal. They made the decision to announce their support after reviewing the literature regarding the effects of same-sex parents and marriage on children. They believe that legalization will support children, which is their primary concern with the issue.

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