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Posted on in Divorce

IL family lawyerThe status of healthcare in America is such that many divorcing couples are actually postponing their divorce plans in order to allow one of the spouses continuing access to the other’s employee group health care plan, as reported by Time. While pre-existing conditions no longer affect a person’s ability to qualify for healthcare (for now at least), the drastically rising costs of healthcare and lifesaving prescription medications mean that divorce may not be an option for some. However, there are actions you can take now to safeguard your future and your finances, all while staying with your partner (legally) so that you or they may continue to be covered. If you have questions regarding an impending divorce and how it would affect the status of your or your spouse’s health insurance, a San Jose divorce attorney is here for answers.

Will Legal Separation Work?

In short, no. Employee health care plans are terminated for the non-employee spouse when a couple gets divorced. And, the same is true when the couple gets legally separated. Many Californians believe that they can get around this issue of health coverage loss by getting legally separated, which used to be the case but is no longer true. In some rare cases, an employer can be ordered by a court order to keep the non-employee spouse on the health care plan. However, the odds of this happening are not in your favor.

Steps to Take to Remain on a Spouse’s Health Care Plan

First of all, the Consolidated Omnibus Budget Reconciliation Act of 1985 (more commonly referred to as COBRA) allows divorced spouses to continue receiving health insurance through their ex-spouse’s employer for a limited amount of time—usually less than 18 months. The spouse would have to pay up to 102 percent of the plan’s cost, however.


Posted on in Child Custody

California divorce attorneyMarried couples who decided to adopt face a similar situation that other couples face when they decide to get divorced. If you are going through a divorce, and have an adopted child of any age (under 18), it is in your best interest to contact a San Jose divorce and child custody attorney at once to discuss your options and legal plan to achieve your custody goals.

The Court Treats an Adopted Child Like a Biological Child

You may have heard that during a court decision regarding child custody, California family courts make the decision in favor of the child’s best interest. This could mean joint legal custody, sole legal custody for one parent, physical custody for one parent, split custody if there are multiple children that do not get along or visitation rights for the father or mother. When a child has been adopted by a couple, the court uses the same set of criteria to come to its custody conclusion. Usually, the court believes that joint custody is in the child’s best interest, as having both parents in his or her life will lead to decreased chances of behavioral and learning problems--two things that adopted children are more likely to suffer from regardless, according to the Atlantic. The criteria that the court takes into consideration include:


Posted on in Divorce

California divorce lawyer, California military divorce attorneyUnfortunately, military divorces, which have special rules applied by the Servicemembers Civil Relief Act, can be much more complicated, time-consuming, and difficult than a civilian divorce. Because of this, we strongly encourage you to seek legal counsel. It can be an overwhelming process, which leads to mistakes being made and an even longer, drawn-out struggle for both parties. To speak with an experienced San Jose military divorce attorney today, contact our office at once to schedule a free consultation.

Filing For Military Divorce in California

As a military member or a service member’s spouse, you should file for divorce in the state that you have legal custody in. It is important to keep in mind that the state where the military member resides has the legal ability to divide the pension. However, the service member, if they currently reside in Florida for example, can agree to allow California divide the pension if they so desire.


Posted on in Divorce

California divorce lawyer, California family law attorneyProperty division is one of the biggest issues during divorce. Knowing what combined property exists between the couple is not only important, but is legally necessary. Hiding property is unlawful, and can hurt you in the long run. However, it is also important to have a grasp on what type of property is considered marital property, and what may be considered personal. If you are going through divorce, an experienced divorce attorney can provide invaluable advice and legal assistance throughout the process.

Community Property vs. Separate Property

California law recognizes two types of property: community and separate. Community property is property that is owned by a married couple or a domestic partnership, according to California law. Debt acquired during the marriage is also considered community property. Each spouse owns one-half of the community property, including the debt. Separate property is property of an individual that they owned before the marriage, was a gift or inheritance to them alone during the marriage, or any property that they earned, acquired, or were given after the date of separation. Additionally, gifts and inheritance are considered to be separate property, as well as financial compensation earned from a civil lawsuit.


Illinois divorce attorney, Illinois family law attorneyDeciding to adopt a pet can be an exciting commitment to make. Often the caretaking responsibilities are shared between spouses and children, and bonds are quickly formed. According to the 2012 U.S. Pet Ownership & Demographics Sourcebook, six out of ten pet owners consider their pets to be a family member. Unfortunately, when divorce threatens to split a family apart, the companion animals are also involved.

Pets Are Considered Personal Property

While some couples consider their dog a child of sorts, the law almost always designates animals as personal property under the Fourth Amendment when settling assets in a divorce, according to the American Bar Association. This means the court decides what is in the best interests of the owners and not necessarily the pet’s well-being. One way to prevent ugly arguments over the pets is to include them in a prenuptial or postnuptial agreement with your spouse.

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