Blog

Serving and Filing Court Documents

By Schonauer Law on Apr 25, 2016 at 08:58 AM in Legal Questions

My boyfriend was served divorce papers from his ex. They have been separated for over a year but the divorce process never began. He mailed in his response papers to the court which is 7 hours up north.

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The Neutral Financial Professional in the Collaborative Dissolution

By Schonauer Law on Apr 22, 2016 at 09:35 PM in Collaborative

In the Collaborative process each party is represented by an attorney. Either one or two coaches are involved to represent and protect the collaborative process. A mental health professional may also be part of the team to bring to the table the needs of involved children. In the Collaborative dissolution, there is only one true neutral person, the Financial professional. The Financial Neutral helps to alleviate power imbalances in the room by the very nature of being neutral.

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Child's preference in custody disputes

By Schonauer Law on Apr 22, 2016 at 08:37 PM in Legal Questions

I understand that the child's preference is considered in CA

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Fee Awards

By Schonauer Law on Jan 18, 2016 at 11:38 AM in What to do?

The court may order the payment of fees and cost based on the parties’ "relative circumstances" (i.e., respective income, assets, needs, and abilities to pay) to ensure equal legal representation in court. Such awards may be granted to provide the party the money needed to hire an attorney.

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JURISDICTION

By Schonauer Law on Jan 11, 2016 at 06:07 AM in What Does it Mean

Jurisdiction is the right, power, or authority to determining controversies and issue orders that parties to the controversy must comply. In California, the superior courts are the lowest level of state courts in holding general jurisdiction on civil and criminal matters. Jurisdiction is divided into to categories, personal jurisdiction and subject matter jurisdiction.

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Is My Marriage Long-Term or Short-Term?

By Schonauer Law on Jan 04, 2016 at 09:25 AM

Under California law, if a marriage is "of long duration," the court "retains jurisdiction" over an award of spousal support after the dissolution (divorce) is completed, unless the spouses agree otherwise. When a court retains jurisdiction over spousal support, the court has the authority to decide issues relating to support of either party and can modify an order if changing facts and circumstances justify a change.

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Character of the Family Home

By Schonauer Law on Dec 28, 2015 at 03:50 PM in Legal Questions

A family’s largest investment is often the home they live in. A family home is can be purchased and financed in a variety of ways. When a family dissolves, one household becomes two, and community property must be divided, it's difficult to determine each spouse’s respective ownership interest in the family residence, even experienced attorney’s get it wrong.

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Stock Options

By Schonauer Law on Dec 21, 2015 at 09:09 AM in What Does it Mean

An Employer may offer stock options to an employee to attract a new employee, as compensation for future service, and/or as an incentive for an employee to stay with the company. A Stock option is an option to purchase a specific number of shares of employer’s stock at a particular price and time.

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Texas County Sues Volkswagen for $100M

By Schonauer Law on Sep 30, 2015 at 02:58 PM in Law News

A county has filed a complaint against Volkswagen seeking damages from alleged violations of local vehicle emissions laws.

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Date of Separation

By Schonauer Law on Sep 30, 2015 at 05:04 AM in What Does it Mean

The date of marriage identifies when a marital relationship begins. The date of separation identifies the end of community created by the marriage and the time when property acquisitions by a spouse are considered to be separate property

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