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 byContinue reading “What is Community Property and How is it Divided?”

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 shareContinue reading “How to Go About Child Custody the Right Way”

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 ofContinue reading “Develop a Game Plan for Separation or Divorce”

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 generalContinue reading “If You Move Out During a Divorce – Do You Lose the House?”

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 stepContinue reading “Is There Such a Thing as an Amicable Divorce?”

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 forContinue reading “Is It Time to Modify Spousal or Partner Support?”

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 typesContinue reading “What does “No-Fault Divorce” Mean?”

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 twoContinue reading “Elements of an Effective Parenting Plan”

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 debtContinue reading “Protect Your Assets by Keeping Records”

What does “Spousal Support” Mean?

Spousal support, (formerly known as “alimony”), refers to the obligation of one party in a marriage or domestic partnership to provide support to their former spouse or partner. California Family Code Section 4320 lays out numerous factors by which a court is mandated to award spousal support. These factors include: Duration of marriage Available resourcesContinue reading “What does “Spousal Support” Mean?”