June 2012 Archives

Can I Change My Child's Name Without The Consent Of My Ex?

Name-Change.jpgThe simple answer to this question is, assuming that there are no orders or judgments in place to the contrary, is yes so long as you give notice to the other parent.

An application for a change of name generally must be made by a petition. Alternatively, it may be made in an action under the Uniform Parentage Act under Fam. Code ยง 7638.

A petitioner seeking a change of name is required to initiate the proceeding in the county of residence of the person whose name is to be changed; but there is an exception when the petitioner is guardian of the minor appointed by probate or juvenile court.

When the petition is filed, the court makes an order to show cause why the application should not be granted. The order is to be directed to all persons interested in the matter (i.e. the other parent of the minor child).

The order must direct all persons interested in the matter to make known any objections they have to the granting of the petition by filing a written objection, including the reasons for the objection, at least two court days before the matter is scheduled to be heard, and by appearing at the hearing to show cause why the petition should not be granted. The order must state that, if no written objection is timely filed, the court may grant the petition without a hearing.

A copy of the order to show cause must be published a newspaper of general circulation that is designated in the order, if a newspaper is printed in the county in which the court is located. If no newspaper is printed in the county, a copy of the order must be posted by the clerk of the court in three of the most public places in that county.

Four weekly publications of the order are sufficient. If publication is in a daily newspaper, publication once a week for four successive weeks is sufficient.

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Chapter 13 bankruptcy vs. Debt Management Programs

do-it-yourself-debt-settlement.jpgThe following summary was written by Robert Christopher and is being reproduced by permission of Mr. Christopher. The views and opinions expressed in his article are those of the author and do not necessarily reflect the official opinion of JVS Law. The information and/or opinions in Mr. Christopher's summary are based on sources believed to be reliable but no representation, expressed or implied, is made as to its accuracy, completeness or correctness.

Chapter 13 bankruptcy vs debt management - Which outperforms the other?

If you've racked up piles of debt on your credit cards, you must be looking for an option to delete your financial worries. When it comes to choosing between debt management programs and bankruptcy, this may be a difficult choice. Nowadays, due to lack of funds among the Americans, it is becoming increasingly difficult to deal with high interest credit cards, car loan payments and medical bills. When people are running from shortage of cash, what steps are they supposed to take in order to forget their debt woes? Should they opt for debt management programs or should they file bankruptcy? Debt management is more like debt consolidation through which you can combine your debts into single monthly payments but Chapter 13 is not much different from this. Read on the concerns of this article in order to know which option suits your financial conditions better.

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Nullity vs. Dissolution, What is the Difference?

Nullity.jpgA party to a marriage that is void or voidable may petition the superior court for a judgment of nullity of marriage. The effect of a judgment of nullity, formerly called an "annulment," is to restore the parties to the status of unmarried persons. Furthermore, under the "relation-back" doctrine, a judgment of nullity is said to "relate back" and erase the marriage and most, if not all, of its incidents from the outset, subject to certain equitable limitations, whether the marriage is void or voidable. In other words, the parties are treated as if they never were married.

In some ways, a judgment of nullity of marriage resembles a judgment of dissolution of marriage. Both the judgment of dissolution and the judgment of nullity restore the parties to unmarried status. A judgment of dissolution of marriage, just as a judgment of nullity, terminates the marriage and generally adjudicates the entire controversy between the parties arising from their marriage.

Thus, a spouse who is seeking to terminate an invalid marriage will generally have a choice of remedies because irreconcilable differences necessary for dissolution will ordinarily also exist with respect to a marriage that could be terminated through nullity proceedings. Nevertheless, in those situations in which the party seeking to terminate the marriage is not a party to the marriage, dissolution will not be an available remedy, leaving aside instances in which the grounds for dissolution are incurable insanity.

In determining whether to petition for nullity or dissolution of marriage, there are a number of competing considerations, including the following:

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Gay Marriage, The American Controversy

constitution-gay-marriage-2.jpgSame-sex marriage in the United States is not recognized by the federal government, but such marriages are recognized by some individual states. The lack of federal recognition was codified in 1996 by the Defense of Marriage Act. Starting in 2004 several states, Massachusetts being the first, began to grant marriage certificates to gay couples.

Such licenses are currently granted by six states: Connecticut, Iowa, Massachusetts, New Hampshire, New York, and Vermont, plus Washington, D.C. and Oregon's Coquille and Washington state's Suquamish Indian tribes. The states of Washington and Maryland have passed laws in 2012 to begin granting same-sex marriage licenses, but each may be delayed or derailed by November 2012 voter referenda.

President Barack Obama's decision to support gay marriage has led to many political pundit debates about how it may influence the presidential election and the future of gay marriage in the United States.

So why is gay marriage so controversial in the United States? According to the Huffington Post, one major factor is that conservative America is essentially the only part of the modern Western world where a fundamentalist approach to Christianity is prevalent.

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