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Bay Area Family & Business Litigation Law Blog

Divorce litigation likely when ending toxic marriages

Ending a marriage can cause a number of difficulties in a person's life, but often, ending a relationship may be for the best. In particular, if California residents are living in toxic marriages, moving on from that relationship may help them live happier and healthier lives. Of course, it can also mean that divorce litigation will take place.

Some people may not recognize when they are in a toxic relationship until they can no longer handle the stress and anxiety they feel. Numerous signs do exist that a marriage is toxic, and a lack of communication is one sign. Typically, if individuals face marital issues or have concerns, they can talk together to come to a resolution. However, in toxic relationships, one party may refuse to talk about problems, or the two may simply not want to communicate openly about anything.

Could a letter of indemnity help avoid a breach of contract suit?

Because contracts are so important to business transactions, it is necessary for both sides to stay compliant with the agreed-upon terms. If a breach of contract occurs, or even a perceived breach, the parties involved could end up in a serious conflict. As a result, in efforts to avoid litigation, a California company may consider using a letter of indemnity.

In some cases, circumstances could arise that result in a company being unable to uphold its end of an agreement. The issue may have been unforeseeable, but the company still does not want to breach the terms of the contract. As a result, that company could utilize a letter of indemnity to explain the issue and reassure the other party that it will not suffer damages due to the issue.

Child custody disputes can arise over sole custody

California parents typically want to do right by their children. In some cases, that may mean making difficult decisions that could affect their children for the rest of their lives. For example, if one parent believes that the other parent should not have custody in a divorce, child custody disputes could arise.

Deciding to fight for sole custody can be a touchy ordeal. The other parent may not feel that sole custody is right for the situation, and as a result, the decision will likely come down to the judge involved in the case. Of course, certain details could warrant a parent pursuing sole custody, such as the other parent not being reliable or available. Parents would not have to be in much contact, which could lessen the chances of conflict, and the children may have more stability instead of having to move back and forth often between homes.

Written records can help address breach of contract issues

Running a California business can mean creating various relationships in efforts to help the company grow and to fulfill its purpose. Often, these business arrangements can have a lot at stake, so it is wise for company owners to create contracts to ensure everyone is on the same page as far as what is expected from each side. Of course, a breach of contract could occur that leaves a company facing damages.

While it is best to have contracts in writing, both written and verbal contracts could be breached. However, it can be difficult to prove the exact terms of a verbal agreement because there is no written record of the details. While business owners can still fight to address the breach of a verbal agreement, the situation becomes much more difficult.

Not every termination is wrongful

You may know that California, like all other states, is an at-will employment state. This means that you can fire an employee whether you have good reason or not. However, this does not mean it is any easier to let someone go without feeling nervous about the ramifications. Specifically, you may worry that your former employee will file a wrongful termination lawsuit against you.

If you are facing this situation now, you may be going over and over the day you fired this person trying to remember if you made a mistake. However, you may need to look back even further. In fact, protecting yourself from wrongful termination claims is something you should have in mind from the moment you hire someone.

Making child custody decisions is not always easy

Getting a divorce can easily become one of the most complicated processes in any California resident's life. If a person has children, his or her main focus may be on reaching certain child custody outcomes. Of course, it is easy for this topic of divorce to become heated and potentially turn into a dispute.

When it comes to child custody decisions, they often come about in one of two ways. If parents are able to work together, they may be able to come to terms outside of the courtroom. Parents may be able to set aside their own personal emotions and decide together which terms would work in the best interests of the children. Of course, that amicable approach does not work for everyone.

Mental health concerns could cause child custody conflict

Most California parents would do anything they deemed necessary to ensure the safety and well-being of their children. In some cases, a parent may feel it is best if the children spend less time with their other parent, which is an issue that commonly comes up during child custody disputes. Though joint custody is more often considered best for the children involved, many divorces become contentious over custody matters.

It was recently reported that mental health concerns may be one reason for the increase in conflict regarding custody. In some cases, one parent may have a mental illness, and the other parent feels that it would be best for the children to have limited time with that parent. Though the parent may feel as if he or she is being protective, it can sometimes be unwarranted, depending on the actual diagnosis of the other parent.

Factors that influence the outcome of child custody disputes

The divorce or separation of California parents can be hard on every member of their family. However, when it comes to determining where their kids will live and how they will be cared for, parents should know that there are several important factors that courts will evaluate.

This post will discuss several of these factors, but as with all posts on this blog readers should understand that its contents are not legal advice.

Valuing investment real estate can be complicated

As most Californians know, real estate throughout California, and especially in San Jose and other parts of the Bay Area, is a hot commodity. Re-sale values of houses usually come in far above the purchase price, and the high demand for rentals mean that landlords can command top dollar.

In short, real estate is a good investment all along the West Coast, such that a couple may have most of their wealth tied up in property.

Are you concerned that wrongdoing affected your loved one's will?

After the passing of a loved one, emotions can certainly run high. You may want to reminisce about the good times you had with the person and smile, but you will likely also feel grief and contend with tears as you think about your future without that loved one. However, you may feel some comfort in knowing that your loved one left you something in his or her will.

Whether you anticipated the inheritance because you had discussed the matter with your loved one previously or simply because you are a close family member, you may have felt shocked when you received very little or even nothing at all. If this outcome runs counter to what your loved one had previously indicated as his or her wishes, you may have concerns that wrongdoing took place.

Call 408-842-1688 or toll free at 855-656-7590 or send a confidential email to request a case evaluation. Office locations located all throughout the state.

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As litigation attorneys in San Jose, we have handled complex cases and obtained real results for individuals throughout the Bay Area and beyond.

Whether you are a business owner who needs help resolving a breach of contract dispute or a parent looking for skillful guidance regarding a custody dispute, let a skilled, successful team of attorneys help you.

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