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Swanson O’Dell

From The blog

“My Ex And I Disagree About What School For Our Child To Attend: What Now?”

“My Ex And I Disagree About What School For Our Child To Attend: What Now?” When parents live in different school districts, or even when they live in the same district by disagree about either public of private school, conflicts can arise. In a perfect world, both parents would discuss the issue, weigh the pros and cons, perhaps even have a discussion of the child, and make a joint decision. In...

“I am the primary custodial parent. Can I move out of state with my child?”

“I am the primary custodial parent. Can I move out of state with my child?” The answer to this question depends, in part, on where you are in the process of either a divorce or parentage case. If you are during the litigation phase BEFORE trial, the answer is that you need the permission of the judge to move out of the jurisdiction of the court. This can include in-state moves as well, if they...

“What Are ‘Gillmore’ Rights?”

“What are ‘Gillmore’ Rights?” Gillmore rights are the rights to retirement proceeds by a party with an interest in a retirement plan that has not been segregated (such as a pension plan divided by the time rule) where the party who is the holder of the plan could retire, but does not. So simply put: they are rights that are triggered when someone refuses to retire, even though eligible, thus...

“What Happens In A Divorce When One Party Is Awarded The House But Doesn’t Pay The Mortgage?”

“What Happens In A Divorce When One Party Is Awarded The House But Doesn’t Pay The Mortgage?” There can be a lot of reasons why a community property house may not be sold as a part of a divorce, including: 1. One party wishes to keep the house, and the other party agrees. 2. The minor children live in the house. 3. The house does not have enough value to be worth a sale. 4. The parties may not...

“How Do Family Law Restraining Orders Work In California?”

“How Do Family Law Restraining Orders Work In California?” Family law restraining orders are meant to provide protection, both temporary and long-term, for a party to a marriage or relationship who has been abused or harassed. Restraining orders can be very powerful: they can remove you from a residence, prevent you from owning a firearm, determine temporary custody orders, and even set child...

“What Are The Options For Dividing Pensions In Divorce?”

“What Are The Options For Dividing Pensions In Divorce?” In California, there are two main ways to divide pensions: the Time Rule, or a buyout. Pensions are retirement plans with a monthly payment at retirement age—they are often called retirement plans, and they differ from 401K or IRA accounts as they do not fluctuate in value and have a fixed payout based on the factors in place at the date...

“What Kinds Of Counseling Can A Judge Order In A Custody Case?”

“What Kinds Of Counseling Can A Judge Order In A Custody Case?” Counseling of various kinds is often used by judges in custody cases and for a variety of purposes. At the heart of the matter is the well-being of minor children. While the court may order parents into counseling, the purpose is to provide a better living environment for the children. Here are some common kinds of counseling and...

“What Does Joint Legal Custody Mean?”

“What Does Joint Legal Custody Mean?” There are two types of custody that every court considers in cases involving children: legal and physical custody. They are distinct concepts, and legal custody can be the most confusing. Legal custody has to do with joint decision making; most parents will end up with joint legal custody unless one parent is unfit, unavailable, or refuses to co-parent....

“What Documents Should I Gather For My Divorce?”

“What Documents Should I Gather For My Divorce?” The most important documents that you can gather for a dissolution of marriage generally fall into two categories: financial documents and evidence for trial. The first category includes principally statements from financial institutions and accounts. It is important that you have a statement from the month that you and your ex actually separated,...

“What Paperwork Do I Need For My Estate Plan?”

“What Paperwork Do I Need For My Estate Plan?” Document gathering can be one of the most irritating parts of estate planning, but you can begin now and put together a file that will have everything you need at your fingertips when it comes time to make your estate planning choices and establish a trust. You will want to have copies of these documents: *Deeds to any real property you own * Title...