Holidays: How to WIN

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...

Are California Divorce Rates Rising?

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...

How to Behave in Court

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...

Post-Divorce Custody Litigation?

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...

What can I expect when deciding custody or parenting time for my child?

A guest post from Dr. Kristine Turner… 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 called in some states, is big business in this country. There are...

What Can I Expect When Deciding Child Custody

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...

How Long Does It Take To Move On

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....

Tips for Men

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...

Focus on the Kids!

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...

Positive Aspects of Single Parenting

Most people agree that having a mom and a dad who love and support each other and their children is the best scenario for a family. However, single parenting does not mean unsuccessful parenting; myriads of children raised by a single parent are living rich, full, and successful lives. If you find yourself alone caring for your children, remember there are some...

Life After Divorce For Men

Fathers, and mainly men in general, are underestimated when it comes to family and divorce.  In Love Counselor’s article, “Life After Divorce For Men,” men are advocated as equally important role models as mothers in an event of a divorce.  It seems as though men tend to get the short end of the straw when it comes to the court’s decision on divorce. ...

Dividing the Business

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...

Co-Parenting Successfully

Being a parent is the most demanding, most rewarding, and most important job in the world. We get very little, if any, training for the position. Ideally there are two parents working together to help carry the load. Even when the parents live in the same house it is exhausting and difficult. Things get even more challenging when there is a divorce or...

Divorce Court – What to Wear

As unjust as it may seem, people are often judged by the way they look. If you look neat and are well dressed you will most likely invoke a positive reaction. You have probably heard the old adage, “Clothes make the man or woman.” Most people believe that even though they may deny it. When you go to Divorce Court here are some tips on how to...

Steve Harvey’s Divorce Tips

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...

Set Divorce Guidelines

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...

Mother’s Day for Single Moms

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...

Co-Parenting Post-Divorce

The challenge of co-parenting arises from honest communication between you and your former spouse.  Trust acts as the glue that keeps both parents sincere about co-parenting.  One of the main components of success in co-parenting is when you and your spouse “both deeply care about your children and want to continue raising them in the least-disruptive...

Surviving Divorce

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...

Divorcing a High Conflict Personality

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...

Three Scenarios Where You Should Consider Hiring a Child Custody Expert

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....

How to Breakup Like a Gentleman

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...

Prenuptial & Postnuptial Agreements

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...

Tips for Dads: Child Custody

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...

Divorce Finance – What You Should Be Prepared For

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...

What Will Children Remember About Your Divorce?

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...

Children and Divorce: Commonly Asked Questions

A guest post from Dr. Kristine Turner:   When do we tell our children we’re divorcing? It’s important to make sure that the decision to divorce is final before telling your children about the divorce.  The mistake that some people make is to tell their children they’re going to get a divorce when they’re not sure the divorce will...

My Beliefs Get in the Way

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...

Divorce: How to Break It to Your Children

Divorce rates are at an all-time high in California with numbers rising in Los Angeles and Orange County.  Where there are more marriages going through divorces, there are more children brought onto the emotional rollercoaster. Our best advice for parents in this situation is to have the children always understand they are unconditionally loved and they are not...

10 Questions To Ask a Divorce Attorney

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 Checklist

Infidelity Checklist

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...

Paternity

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...

Annulment & Legal Separation

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...

Love and the Dotted Line

Love and the Dotted Line

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...

Community Property

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...

Community vs. Separate Property

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...

How Your Property And Debts Are Divided

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...

Dividing The Pension Plan

Dividing The Pension Plan

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...

Bankruptcy And Divorce

Bankruptcy And Divorce

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...

Employee Stock Options

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...

Spousal Support Overview

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...

Long Term Spousal Support

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...

Is It Possible To Terminate Long-Term Spousal Support?

Many clients approach me and ask if it is possible to terminate spousal support. Often times these people were previously married for a long duration and have been paying a significant amount of support for several years, and sometimes for many years. Often times these people were told by their prior counsel that they would have to pay spousal support for many...

Modification Of Spousal Support

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...

Termination Of Spousal Support

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...

Child Custody

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...

California Support Calculator

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

Child Support Calculator

Child Support Calculator

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

Enforcement Of Orders

Enforcement Of Orders

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...

Modification of Orders

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,...