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Oakland CA Divorce Law Blog

Actress Jane Lynch reportedly headed for divorce in California

Same-sex marriage has been a hot-button issue for some time. The United States Supreme Court is expected to release rulings in the California Proposition 8 and federal Defense of Marriage Act cases this month. But, same-sex marriages may also end in divorce.

While the issue of same-sex marriage in California is temporarily somewhat in limbo in the absence of a Supreme Court decision, sources say that "Glee" actress Jane Lynch and her wife Lara Embry are expected to dissolve their three year marriage in California.

The two were married in 2010 in Massachusetts, but the two reside in California. Generally, residency in a state for at least one of the parties is a requirement to access state courts, and family law issues are a matter for state courts. Lynch reportedly announced Monday that she and her wife are splitting up.

California parenting plan negotiations involve the relationships

When a couple with children decides to divorce, the issues of child custody and child support are regularly issues that must be resolved in the divorce. It is important to understand that commentators say that the two issues are better considered as separate issues.

Child custody and visitation issues are about relationships between a parent and a child. While custody arrangements typically influence child support obligations, commentators say that parents should not focus on the money when working to resolve child custody issues.

Analysts say over 50 divorces are on the rise

Sociologists say that a new trend appears to be emerging in the area of family law. Research conducted at Bowling Green University says that the divorce rate among people over the age of 50 has been rising, while the divorce rate for younger Americans has showed signs of leveling off.

The researchers say that in 1990, only about 10 percent of divorces involved people over the age of 50. By 2010, divorces involving people over 50 jumped to one out of every four divorce proceedings.

The lead researcher says that the results surprised the sociologists conducting the study. But the researcher says that several factors have probably contributed to an apparent aging in couples who divorce.

US father embroiled in international child custody dispute

Child custody disputes in California may often be resolved through consideration of the best interests of the child standard used in family law. Generally, family law issues are a matter for state courts. However, a recent dispute in the South is being considered in a federal courtroom. And the issue does not directly involve whether the father or the mother should have custody of the child—the issue is what law and what country should decide the child custody dispute.

Many divorce proceedings and child custody disputes in California may not involve conflict of law issues. However, many parents relocate during the life of a minor child, and custody disputes can cross state lines.

Generally, the laws in the United States provide courts with continuing jurisdiction over child custody issues, but disputes can arise. Some commentators say that international child custody disputes, while rare, are becoming somewhat more common in our global economy.

Steve Nash seeks to vacate child support post divorce

Los Angeles Laker point guard Steve Nash is battling in a different type of court than some may not be accustomed to see him appearing in. The basketball star is engaged in a dispute in family court over child support. Although many may not be accustomed to seeing Nash appear in family court, this is not the first family law dispute between the two.

Nash filed for divorce from his ex-wife Alexandra Amarilla in late 2010. The NBA player says that his ex-wife has enough money and additional child support payments will only act to allow her to spoil the kids.

He says that his ex-wife received a large settlement in the divorce, and he pays many expenses on behalf of the children other than the child support payments. The family court judge reportedly agreed with Nash, and his ex-wife has appealed that ruling.

California lawmakers consider sperm donor paternity issue

Many fathers who have been shut out of a child’s life may turn to family law to assert parental rights. Often, a person may have to first establish paternity of the child in order to assert any parental rights. One issue that has been cropping up in many settings is whether or not a sperm donor should have any parental rights to a child.

Many laws are involved in the wide-ranging area of family law. Years ago, the Uniform Parentage Act was devised to govern parentage issues when a child is born to parents who are not married. Individual states all across the country have implemented some form of the uniform act. Now California lawmakers are considering a measure aimed at modifying California law in the area of parental rights for sperm donors.

'Best interests of the child' applies in custody determinations

Child custody and visitation issues can, at times, lead to contentious disputes in family court. Parents who love their kids may quarrel over how the children should be raised. But, that kind of dispute is not confined to the family court. Certainly, many parents quarrel over how to raise the kids.

An East Coast judge recently made a child custody decision in the divorce of a couple who reportedly had quarreled throughout their marriage. While the story arises from the East Coast, the judge made the ruling based upon the best interests of the child. Generally, custody issues are considered under the best interests standard, but in everyday life, that standard may be difficult to grasp.

Prenup, mediation used in amicable divorce for Danica Patrick

Last November, NASCAR driver Danica Patrick announced that she and her husband of seven years, Paul Hospenthal, were separating. Patrick made the announcement through her Facebook page. That announcement was posted one day after the couple's seventh anniversary. In some high-profile, or high-asset divorce cases, media reports may focus on contentious battles between the estranged spouses. However, the Patrick-Hospenthal divorce has no such commentary.

Ms. Patrick reportedly filed divorce papers in court in January. By February, news reports began to surface indicating that the NASCAR star was dating a rookie NASCAR driver, Ricky Stenhouse Jr. Meanwhile, Danica Patrick continued to seek a settlement in her divorce proceeding. She and her husband reportedly sought to have an amicable divorce.

McCourts head back to court over divorce settlement

Any divorce may involve emotional issues. Disputes over assets and debts in a complex divorce may create further tensions. But asset valuation itself need not involve emotional issues. Determining the value of a business, for instance, can require complex analysis of the business and the market alike. A recent California lawsuit seeks to revisit asset valuation issues that arose during the McCourt divorce.

Jamie McCourt alleges in her lawsuit that Frank McCourt unfairly persuaded her to arrive at a settlement in the couple's divorce. Reports indicate that Ms. McCourt says that she agreed to a $131 million settlement in the divorce. She claims that Mr. McCourt fraudulently convinced her roughly six months before the team was sold that his total assets amounted to $300 million. Two months after the divorce was finalized, the Los Angeles Dodgers sold for $2.1 billion.

Valuation of property important in California divorce proceedings

Over the past few years, the housing market has seen what many may argue are unprecedented-at least changes that have not been seen before in recent memory. The value of a home may be an important issue when two people decide to divorce. The division of property can, at times, be a contentious issue. In a fairly volatile housing market, issues surrounding the value of property can be a complex issue. In some cases, a husband and wife may have more than one property--leading to more complex valuation issues.

In today's market, many people in California own a home (or homes) that may be underwater, which can affect the negotiations surrounding property division. In other situations, the mortgage may be low, meaning that determining the value of the equity in the home may have significant impact on how the home equity should be divided.

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