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July 2013 Archives

Pre- and postnuptial agreements help in property division matters

In California, as in other areas where large segments of the population have a higher-than-average net worth, pre-nuptial agreements are considered to be just good business. In addition to these agreements signed prior to the wedding, many couples now have their legal representatives draw up post-nuptial agreements to deal with property division matters that may arise during the course of the marriage. Those who have made these agreements say that far from indicating a lack of trust or faith in marriage, it helps support it by eliminating situations that could cause conflict between partners.

Pending legislation would affect custody rights of sperm donors

A bill now pending in the California Senate could have what some believe to be far-reaching effects on child custody. The bill would modify the rights now granted to biological parents who were sperm donors. As the law now stands, a parent who donates sperm through a donor bank or as a part of a doctor-supervised fertility treatment and who is not married to the woman who conceives is not considered by the law to be the child's natural father. Unless there is a signed agreement before the procedure stipulating to the contrary, the donor has no standing in court to petition for any kind of custody or visitation.

Service of divorce papers can cause emotions to run high

An elderly California woman is recovering from injuries to her abdomen and hand as a result of shots fired by her husband as she was serving him with divorce papers. The woman was taken to a local hospital where she is reported to be in stable condition. Her 82-year old husband was taken into custody by police and charges are pending.

California Supreme Court rules on divorce issue

The California Supreme Court rendered a decision in a divorce matter recently that may set a precedent that could affect other pending cases of the same type. A woman had requested as part of the couples' divorce settlement that she receive a portion of a prospective pension increase that her ex-husband would be receiving from the military. The court ruled against the woman based on the manner in which the increase was obtained.