How Does The Court Determine Child Visitation Privileges?

In California, there is a presumption that, in general, a mother and father (or domestic partners) can work together to raise a child jointly, even after they no longer live in the same household. This is referred to as “joint legal custody.” It involves collaborating on decisions that directly affect the health, welfare, education, and

What is Community Property and How is it Divided?

In California, “community property” is defined as the marital interest in an asset or debt that was obtained or incurred between the date of marriage/registration of a domestic partnership and the date of separation. When I initially sit down with a client who’s going through a divorce or dissolution of domestic partnership, I start by

How to Go About Child Custody the Right Way

In general, “child custody” refers to all the important decisions regarding the raising of a child, including his or her health, education, and welfare. Custody is basically divided into two parts: (a) legal custody (the decision-making part) and (b) physical custody, as in who is responsible for the child’s physical well-being. Unless the parents share

Develop a Game Plan for Separation or Divorce

If you and your spouse face impending separation or divorce, there are important legal and emotional factors to consider. Whether you intend to hire a lawyer to represent you in Family Court or you wish to represent yourself, here are several things to keep in mind: Put a game plan together. The legal process of

If You Move Out During a Divorce – Do You Lose the House?

Many issues arise in the course of a divorce proceeding but some of the most common (and most commonly misunderstood) relate to a couple’s marital residence. Who will live in the house while the legal action is pending? Can both spouses continue to reside there? Should they? Who’s responsible for maintaining the property (including general

Is There Such a Thing as an Amicable Divorce?

By its very nature, a divorce proceeding is an adversarial event. But adversarial doesn’t have to be the same thing as bitter or filled with antagonism. With the high cost of litigation—not to mention the potentially devastating emotional damage on spouses, partners, and their families—it makes sense for the parties involved to try and step

Is It Time to Modify Spousal or Partner Support?

With the holiday season upon us, people often find themselves in a financial crunch, (buying gifts, hosting visiting family members, etc…). The burden of these additional holiday expenses can be especially challenging if you’re either paying spousal,/partner support or even receiving such payments yourself. That’s why it’s not unusual at this time of year for

What does “No-Fault Divorce” Mean?

In the old days, when a husband or wife wanted to get a divorce, they had to give a reason for this momentous decision or prove why their spouse’s actions (such as adultery, abuse, abandonment, or extreme cruelty) made the marriage no longer possible. This approach to dissolving a marriage frequently led to the types

Elements of an Effective Parenting Plan

Whenever a divorce proceeding takes place and children are involved, issues of child custody and visitation inevitably arise. The goal for everyone involved should be to design a custody and visitation arrangement (also called a “parenting plan”) that effectively addresses the health, education, and well-being of the children. Typically, parenting plans are organized into two

Protect Your Assets by Keeping Records

When two people fall in love and decide to get married, they don’t want to consider the possibility that at some time in the future they may no longer feel the same way about each other – and that the experience of separation and divorce might turn ugly over issues of community assets and debt