How Do I Know If My Child Support is Fair?
Divorce is almost always a legally complex and emotionally charged legal proceeding. When a divorce involves minor children, it becomes even more distressing. Often, matters of deciding child custody, parenting time, and child support are the most contentious and emotionally fraught battles between divorcing parents. No parent looks forward to a judge telling them when they may see their children, and often one spouse paying their ex-spouse a percentage of…
Read MoreDoes It Matter Who Files for Divorce First?
Whether you’re considering filing for divorce from your spouse or you’ve received a divorce petition from a spouse, one thing you might need to know early in the process is how much it matters who files for divorce first. Does the spouse who makes the first legal move have any significant advantages, or is it better to wait for a spouse to take the first action and then respond? Divorce…
Read MoreWhat Happens to a Trust in a Divorce?
California is one of nine community property divorce states in which the“community” of two created during the marriage becomes dissolved in a divorce, requiring equal distribution of the assets acquired by the marital community. There is a lot to consider during this process, including discerning what assets are each spouse’s separate assets and which ones belong to the marital community. Another consideration for some spouses is a living trust created…
Read MoreFiling for Divorce Citing Irreconcilable Differences
California was the nation’s first no-fault divorce state beginning in 1969 with the signing of then-governor Ronald Reagan’s Family Law Act. Before that time, the law required anyone seeking to divorce a spouse to prove that the spouse had done something wrong—something unforgivable enough to break the marriage bond, for example, committing adultery or spousal abandonment. Today, all states have a form of no-fault divorce law. To file for divorce…
Read MoreHow Should I File My Taxes While Going Through a Divorce?
There is a lot to consider during the divorce process in California. Besides the emotionally fraught aspects of divorce, there are also intimidating legal processes and the necessity of making new living arrangements and adjusting to a change in financial circumstances. For most divorcing spouses, how they should file their taxes is the last thing on their minds—at least until the tax deadline approaches and they’re still in the process…
Read MoreWho Gets To Stay in the House During a Divorce?
Choosing who gets to stay in the marital home during a divorce is often one of the most contentious issues when spouses separate, along with child custody and spousal support. California is a community property state where marital assets are split 50/50 between spouses in a divorce. The answer to the question of who keeps the house depends on the status of the house in or outside of the pool…
Read MoreCustody vs. Legal Guardianship: What are the Differences?
We’ve all heard there’s more than one way to be a parent, but this observation is especially accurate when it comes to legal terminology. Two examples are child custody and legal guardianship. While both terms have similar definitions and the responsibilities that come with both are also comparable, there are distinct differences between custody and legal guardianship. Both are long-term and even lifelong commitments to caregiving and both address a…
Read MoreCan You Transfer a Family Law Case to Another County or State?
Life can take people on different paths, which is why they sometimes end up in family court deciding matters of divorce, child custody, child support, spousal support, adoption, guardianship, and other cases involving families and children. But what happens when life’s path leads to another county or state? What happens to a family law case when one or both parties move away from the original county and the court that…
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