When you had your child, you were young and nervous about signing the birth certificate, so you never claimed custody. After years with the mother of your child, you decide that you need to end your relationship, but you quickly find that you have no rights to your...
Year: 2018
How many trust choices do I have?
If you are a reasonably well-to-do Californian who has already done some estate planning, you likely know that the types of trusts you can incorporate into your estate plan are almost limitless. Regardless of their specific type, however, all of them fall into the...
Understand the facts about child support
When California parents decide to get a divorce, one thing they usually need to discuss is child support. It is important for people to understand the details about these payments, especially when they are the ones who will need to make them.People typically work with...
I’m getting divorced: should I try to keep my house?
While going through a California divorce, it is important to keep a cool head and take stock of what possessions and assets you should try to salvage from the end of your marriage. You might want to hold on to your home, perhaps for sentimental value or just because...
Grandparents can have visitation rights too
As a parent in California, watching your child go through a divorce, no matter what their age, can be stressful and heartbreaking. This is especially true if there are custody issues. However, a divorce doesn't need to isolate you from your family. At the Law Office...
The differences between divorce and legal separation
Frequently here at the Law Office of Stephen W. Penn in California, our clients, although experiencing serious marital problems, are not yet prepared to seek a divorce for a variety of reasons. In such a situation, a legal separation may be the answer.As FindLaw...
What can I put in my prenuptial agreement?
Planning for divorce while also planning your marriage might feel counterintuitive, but it is actually a very smart strategy. Divorce can be an emotionally complicated process, so splitting up your assets or dealing with other important issues may end up being more...
What is breach of fiduciary duty?
If you agreed to take on the responsibility of becoming someone's trustee or the executor of his or her California estate, you became a fiduciary whether you realized it or not. A fiduciary is one who holds and manages assets for the benefit of someone else, in this...
What is undue influence?
If your well-to-do California parent requires the services of a live-in caregiver due to age, illness, injury or infirmity, you likely feel relieved that (s)he can afford such care. On the other hand, however, you may have developed a nagging suspicion that this...
How can I spend my child support?
Child support comes as a great relief to single parents in California who are struggling to make ends meet. Whether the child support you receive from your ex-spouse is a lifesaver that helps you pay your bills or you consider it "extra" money, you may wonder if your...