When parents separate, they worry about the effect of their separation on the kids. Not only is there data to suggest that adults whose parents separated when they were children are at greater risk of divorce themselves, but also data that suggests the greater the parental conflict during separation, the greater the likelihood of negative outcomes for the...

As the economy recovers divorce rates naturally increase. An increase in divorce isn’t looked at positively by most people, but in this case, these are people that couldn’t afford a divorce although they’re unhappy in their marriage… and now they can. Silver lining. An important factor noted in a Los Angeles Times article is the drop in...

Although this may seem obvious, we’d like go over how to behave in court. When going through a divorce or separation… or any appearance in court you make… your appearance can have a huge impact on the verdict. A judge (or jury) is swayed by everything, whether they intend to be or not. Daniel Clement shared the following tips about...

Should I Litigate against my former spouse to gain custody over my children? A guest post by Dr. Kristine Turner… In high conflict cases where parents don’t see eye to eye, where litigation is used, no matter what plan is ordered one of the parents is likely to be unhappy with it. Parents tend to blame each other for their child(ren)’s...

A guest post from Dr. Kristine Turner… What can I expect when deciding custody or parenting time for my child? Every family that divorces has to deal with where the children will reside. It’s a very difficult question, and it’s a question that causes many people a great deal of pain and consternation. Child custody or parenting time, as it is...

Your divorce or separation could take days, months or years. But how long will it take to move on? First, you may not entirely know once you’ve hit that point. Does moving on mean start dating, not have feelings for your ex, or simply accepting the fact that you’re single? According to the Wall Street Journal, experts say it can take about two years....

People often stress how difficult divorce can be for women, but it can be just as tough for men. In fact, research shows that men typically recognize that their marriage is in trouble later than women do. This can make accepting the divorce and moving on that much harder. It is important to us as divorce attorneys to ensure that you are also emotionally ok, and...

Almost everyone knows someone who has experienced their parents getting a divorce. The breakup of a family is always challenging and emotional. It’s tough on everyone and the children often feel that their whole world is coming apart. How to help your children get through this life altering transition is critical to their well being. The most important thing...

A recent blog post from the authors of Love for Grown-Ups discusses a few tips that you can use to not feel like a loser this holiday season. We’ve highlighted a few below: Find out which days you have the kids ASAP. You don’t want to cook a wonderful Christmas dinner and find out the kids aren’t coming. You also don’t want to plan a trip...

When dividing a business as part of the financial settlement in a divorce,  care must be taken to understand the process for the decision making. Generally a family business is an asset and therefore a source of income for both parties. Patricia Barrett, a certified divorce financial analyst makes these suggestions: Determine if the business is community...

Steve Harvey is a popular daytime talk show host that is well-respected. He recently earned a star on the Hollywood Walk of Fame, and he shares his top 5 divorce tips. These tips are in regard to parenting and divorce with children involved… which we all know can be a huge challenge. We were curious to see what Steve would have to say. What do you think of...

Most people tend to dive head first into a divorce. Often times this is due to high emotions or the longing to get the divorce process over as soon as possible. But a common mistake is a lack of strategic planning for anyone going through a separation or a divorce. Tips of Divorce blog says that many people try to tackle just one issue at a time and tend to the...

This past weekend was Mother’s Day.  It is a day to celebrate all the hard work our moms put into making us grow up to be noble citizens of society.  We oftentimes overlook all the things our moms do in order to maintain a stable and healthy family.  The sacrifices our moms took, even before we are birthed, can be easily taken for granted.  Therefore, it...

An insightful contributor to The Huffington Post blog has recollected her strategies on how to survive a divorce.  Being a divorced woman herself, Jennifer Ball is able to share her experience with divorce and support those going through the process now with her own little divorce care package.  Here are 9 things Ball suggests will help you move forward with...

Therapists are trained to help you become self-aware and self-confident when struggling through a divorce. Once you are self-aware, you can begin to find the right career, the right mate and the right track for your life. However, this is a “typical” scenario. And most people don’t understand that this type of therapy can actually make it very difficult...

In divorce cases with contested child custody issues, a child custody expert may be a powerful tool to help the Courts and the Parents protect the children and develop a parenting plan that is in their best interests. You may wish to discuss the possibility of retaining a child custody expert with your divorce lawyer in one of the following three scenarios: 1....

Orange County Divorce Attorney Topics: Men’s Health recently wrote an article about how to break up. We thought it was interesting because we know that the way someone chooses to end a marriage, divorce or separate, can have a substantial affect on the divorce or separation process. Here are the tips: Don’t be the victim. You may have gotten played...

In the United States, 50% of the people who marry will get divorced.  In 2013, California has been surveyed to have a 75% divorce rate.  The rising divorce rate has become a catalyst for the rising number of couples getting prenuptial and postnuptial agreements.  A 2012 Harris Interactive Poll showed that 44% of singles and 49% of divorcees have thought of...

Men and women have different struggles with child custody during a divorce or separation. Most men know the amount of time they wish to spend with their children, but they’re not aware of the many different types of custody and issues related to them. In fact, some men use the term “custody” to refer to anything related to the children in a...

There are a few financial complications when divorcing your spouse.  You should be correctly informed about your filing status as well as your exemptions and deductions when preparing for the tax season.  First, you have to understand that the marital status for tax filing is set as of the last day of the year (December 31).  According to the IRS, you are...

You may think that young children will not remember their parents going through a divorce. However, Erin Mantz recently shared a different insight in a HuffPost Divorce article we thought we’d discuss here. Mantz states that divorce mostly affects those under five years of age.  Due to the change to family structure, kids are more likely to develop...

One of the ways I market my business is to attend networking events.  In early spring 2011, I attended an event where the featured speaker was a woman named Cricket Lee.  Cricket spoke about how she had spent years researching and testing to perfect pant fit for women.  She had a great story about her work and I chose to support her by ordering a pair of...

Do you specialize in divorces, or are divorces just a part of your practice? Are you a certified family law specialist in California? What is your strategy for my case? How long will it take to resolve my case? How long to you take to return phone calls? How do I get a hold of you if there is an emergency? What do you consider to be an emergency? Will anyone...

Infidelity does not discriminate! It affects anyone no matter whether you are rich or poor, attractive or not, young or old. Nor, does it recognize your sexual preference. Infidelity has recognizable characteristics. Can you relate to these emotions or actions? Hurt, Denial, Frustration, Isolation, low self-esteem, and embarrassment. They can be but not limited...

A Paternity lawsuit is a legal proceeding that allows unmarried parents to resolve issues similar to those dealt with in a dissolution proceeding but is limited to the issues of custody and visitation and child support. Establishing “parentage” means establishing the identity of the child’s parents. A parentage action begins by one party filing...

Do I qualify for an Annulment? In order to obtain an annulment you must prove either that the marriage is void or voidable. A void marriage is an incestuous or bigamous marriage. A marriage may be voided on the grounds of the age of the petitioner (less than 18) upon marriage, prior existing marriage, unsound mind, fraud, force, or physical incapacity. Remember...

It may not be the most romantic part of your blooming relationship, but a prenuptial agreement can protect your financial future if that bloom fades. Whether you’re Donald and Ivana or John and Jane, here’s what you need to know before walking down the aisle. Most people take marriage seriously, and hold high hopes for their new relationships. Little...

General Information Generally, community property and obligations are those acquired during marriage and prior to separation. They could include assets acquired after separation using community funds and obligations incurred after separation to preserve community assets. Generally, they do not include items incurred or acquired after separation or those acquired...

California is one of nine states that embrace the law of community property. Community property is a theory of law in which the husband and the wife are treated as co-owners of property in a form similar to a partnership. All of the property owned by married couples in California can be classified as community property, separate property, or quasi-community...

As a general rule, all community property and community debt is split evenly (50-50) between the spouses upon dissolution. This of course does not mean the house or the car will be physically split in half or the spouses will have to share them. Rather, the rule states each item of community property must be evaluated in terms of its market value. Each spouse is...

In many cases the parties pension plan, 401(k), 403(b) or other retirement plan is one of the largest assets in the divorce, following the family residence. While taking an early distribution from such a plan would most likely trigger a serious tax penalty, federal law allows spouses to divide such plans without incurring any tax liability. QDROS Under the...

Money problems can frequently put a marriage on the rocks, and bankruptcy can derail a divorce as well. If you are married and your spouse declares bankruptcy, your attorney may advise you to join with your husband in filing for bankruptcy, particularly in a community property state such as California. A joint bankruptcy will wipe the slate clean for both of...

Valuation, Apportionment, Tax and Other Strategic Issues Employee or Executive Stock Options are becoming increasingly more popular forms of compensation in the work place. Understanding how to value and transfer Stock Options are particularly important when dividing marital property. Under California Law, assets acquired during the marriage are community...

Two issues arise with regard to spousal support: The amount of spousal support and the duration of spousal support. The duration of spousal support is closely linked to the length of the marriage. Frequently, practitioners speak of the ‘rule of thumb’ that spousal support will last for one-half the length of the marriage. The duration of spousal...

In marriages of less than ten years, the statute provides a presumption that support should be granted for half the length of the marriage. The California legislator has enacted a statute which indicates that when permanent support is established at the time of trial, it is an abuse of discretion for the court to set a future termination date if the marriage is...

Spousal support awards and agreements are modifiable throughout the support period except as otherwise provided by agreement of the parties. However, unlike child support, the court’s continuing power to modify spousal support is dependent on the terms of the court’s order. Unless jurisdiction to award support has been reserved, post-judgment spousal...

Contrary to popular opinion, there is no such thing as “lifetime spousal support.” In many cases where the court has ordered a long-term support obligation, it is still possible to step-down and ultimately terminate spousal support over time. It is important for the supporting spouse to ensure that at the time of Judgment that the court issue a...

Few issues in dissolution of marriage are more emotionally charged than the issue of child custody. The court is customarily charged with determining what is in the best interest of the child. In a contest between two parents, the outcome determinative question is whether it is in the best interest of the child to be placed with mom, or with dad primarily and...

The courts have official programs that they use to determine support, and these approved programs are the only support calculations admissible in court. California Child Support...

The courts have official programs that they use to determine support, and these approved programs are the only support calculations admissible in court. State of California Child Support...

Many remedies are available to enforce court orders, both with respect to custody, as well as with respect to child and spousal support orders. Some of the most common of these remedies include: Contempt: A party subject to a valid order who with knowledge of the order and the ability to comply with the order, fails to comply with the terms of the order, is...

Under California Law, certain orders may be modified after a final judgment has been made. There are three areas in which post-judgment modifications are commonplace– Child Custody/Visitation Orders, Child Support orders, and Spousal Support orders. The court will not Modify the Property Division that has been Adjudicated by a Final Judgment, however,...

Federal and California law both require that all orders regarding child support include an order for a wage assignment. This requirement is designed to ensure prompt payment of child support. A wage withholding or wage assignment is utilized to deduct court-ordered child support from a party, generally the non-custodial parent. Once the employer receives Notice...

People frequently ask about the difference between Physical and Legal Custody. Physical custody: Physical custody refers to that parent or parents who has the physical responsibility for the care of the child. Joint physical custody” means that each of the parents shall have significant periods of physical custody, although parents can share joint custody...

It’s a safe bet that every parent wanted to be with his or her children during this past holiday season.  Unfortunately, it is just as certain that many were unable to be with their children because of a one-sided custody arrangement. As usual, I received many calls from parents asking for advise as to what they could do to re-establish a regular custody...

Frequently a psychological evaluation and more in depth study is conducted. The psychological evaluator then submits each of the parents and perhaps the child or children to a battery of psychological tests as well as clinical observations. The determination is made first as to whether either parent suffers from any psychological dysfunction. Then, the...

Under a California (Family Code Section 3044) the state states policy regarding custody and domestic violence. Under the law, if the court finds a party to have been a perpetrator of Domestic Violence within the past 5 years there is a very strong presumption that the perpetrator should not share Physical or Legal Custody with the victim-parent. Thus, if the...

What Is Child Abduction? A child abduction occurs when someone takes, entices away, keeps, withholds or conceals a child in violation of a custody or visitation order. Can A Family Member Abduct Their Own Child? Yes. Not only does child abduction involve violation of Family Court, Juvenile Court and/or Probate Court orders, but it also involves a FELONY...

Many persons start with the premise that if you tell your story often enough, it must be true. Hence in bolstering child custody and access claims, some parties and lawyers run about gathering as many affidavits and one-sided opinions as possible. Trouble is, most are not worth the paper they are printed on. Even reports from expert sources may not be credible...

Monkey hunters have an ingenious way to trap their prey. They carve a small hole into a gourd and then hollow it out. Into the gourd they place a small piece of fruit or some nuts. They strap the gourd to a tree and then wait. In a little while a monkey shows up and sniffs at the bait. The monkey then squeezes its hand into the gourd and grasps the bait. With...