Monthly Archives: October 2023

out of state
California Divorce, Child Custody

Can You Move Out of State With Your Kids After a Divorce in California?

Divorce is a difficult process, and things can become even more complicated when children are involved. One of the biggest challenges can be deciding where the children will live and how custody and visitation will be structured. For some divorced parents, the idea of moving out of state with their kids may be appealing. They may want to be closer to family, start a new job, or begin a new chapter in their life. However, before taking any steps, it is important to understand the legal considerations and potential roadblocks that could arise. This blog post will explore what you need to know about moving out of state with your children after a divorce in California.

 

What to Consider Before Moving Out-of-State with Your Kids After Divorce

 

First and foremost, it is essential to consider the best interests of your children. Will moving out of state mean they will be farther away from the other parent? Will it disrupt their school or extracurricular activities? Additionally, if you have a custody and visitation agreement in place, you will need to review it to see if there are any restrictions on moving. It would help if you also considered the cost of living in the new state, job opportunities, and the availability of support systems. It is a big decision that requires careful thought and consideration.

 

Potential Roadblocks that Could Prevent You from Moving Out of State with Your Children

 

Even if you believe that moving out of state is in your children’s best interests, several potential roadblocks could arise. For example, the other parent may object to the move and file a motion with the court to prevent it. Additionally, there may be a provision in your custody and visitation agreement that prohibits you from moving out of state without the other parent’s consent. Finally, if you are in the process of getting a divorce, the court may require you to remain in California until the divorce is finalized.

 

What Happens if the Other Parent Objects to You Moving Out of State?

 

If the other parent objects to your proposed move, you will need to go through a legal process to get permission from the court. This may involve attending a hearing and presenting evidence as to why the move is in the children’s best interests. The court will consider factors such as the reasons for moving, the impact on the children, and the availability of visitation opportunities for the other parent. You will need to work with an experienced California family lawyer who can guide you through this process.

 

The Process of Getting Permission From the Court to Move Out-of-State with Your Kids

 

If you are seeking to move out of state with your children, you must file a request for a move-away order with the court. This request should include information about the proposed move, the reasons for it, and how it will benefit the children. You may also need to include a parenting plan that outlines how the other parent can maintain a relationship with the children. Once filed, the other parent will have an opportunity to object to the request, and the court can schedule a hearing. 

 

What You Need to Do Once You Have Gained Permission to Move Out-of-State

 

If the court grants your request and gives you permission to move out of state, you will need to update your custody and visitation agreement accordingly. This may involve negotiating a new agreement with the other parent and submitting it to the court for approval. Additionally, it would help if you considered practical matters such as finding a new home, registering the children for school, and establishing new support systems.

 

If you are considering moving out of state with your children after a divorce, it is essential to work with a skilled and experienced California family lawyer who can guide you through the legal process. At the Law Offices of Judy L. Burger, we are committed to helping families find solutions that work for everyone involved. Contact us today to schedule a consultation and learn more about how we can help.

community or separate property
California Divorce, Property Division

How to Determine Whether an Asset is Separate or Community Property

Divorce is not always straightforward, especially when property division becomes involved. In California, property division is based on separate and community property, but determining which assets fall into each category can become complicated. This blog post will discuss the difference between separate and community property, what makes an asset separate or community, and provide examples of each. We also discuss when to seek professional help from a California property division lawyer to ensure fair asset allocation in a divorce settlement.

 

Defining Separate and Community Property

 

Separate property is any assets acquired prior to marriage or after legal separation. These assets are typically owned and controlled solely by one spouse and are not subject to division during divorce proceedings. Community property refers to assets acquired during the marriage, including income, property, and debt, which are considered owned equally by both spouses.

 

What is the Difference between Separate and Community Property in a Marriage?

 

The critical difference between separate and community property is the degree to which each spouse has legal ownership and control. Separate property remains under one spouse’s sole ownership and control, whereas both spouses have an equal right to control community property. In the event of a divorce, separate property assets belong exclusively to the spouse who owns them, while community property assets are divided equally between the divorcing spouses.

 

When Does an Asset Become Separate or Community Property in California?

 

The general rule is that property acquired during a marriage is community property, while property acquired before marriage or after legal separation is separate property. However, certain factors can complicate this standard. For example, property acquired with separate property funds during the marriage can become community property. Similarly, a business started before marriage can become community property if it grows and increases its value during the marriage.

 

Examples of Separate Property in a Marriage

 

Examples of separate property include assets owned before marriage, inheritances or gifts received during the marriage from an individual to one spouse, personal injury settlements awarded to one spouse, and property purchased with separate funds during the marriage.

 

Examples of Community Property in a Marriage

 

Examples of community property include homes, vehicles, debt, bank accounts, investments, businesses, and retirement benefits datable during marriage.

 

Gifting Between Spouses – Is it Separate or Community Property?

 

Gifts between spouses are considered separate property and are generally not subject to division during divorce proceedings. However, gifts are often complicated by the property’s source and each spouse’s intent.

 

When to Seek Professional Help for Determining Separate vs Community Property

 

Determining which assets are separate or community property can become challenging, especially if the couple owned a business, real estate, stocks and bonds, or other investment assets. Moreover, when a divorce becomes increasingly contentious, dividing property and assets fairly can be challenging. If you suspect that your spouse may be hiding or concealing assets or are concerned about property division, seeking a knowledgeable California property division lawyer for assistance is highly advisable.

 

At the Law Offices of Judy L. Burger, we specialize in family law, including property division. Our California property division lawyers have a proven track record of representing clients dealing with complex assets and valuations. We understand the stress and emotional turbulence often associated with divorce proceedings, and we are dedicated to helping our clients navigate the property division process. You can trust our knowledge and expertise to ensure a fair property division settlement. Contact us today to schedule a private appointment. 

property division
California Divorce, Property Division

How Does Property Division Work When Getting a Divorce in California?

Divorce can be an emotional and challenging experience. It can be even more complicated when dividing assets and property. Property division can vary from state to state, and California is no exception. This blog post will explore the basics of property division in California divorce cases, including what constitutes marital and separate property, community property, and how complex property division can be in California law cases. 

 

The Basics of Property Division in California Divorce Cases

 

In California, property division in divorce follows the principle of community property, which is where all assets and debts accrued during the marriage are equally owned by both spouses. This means it’s a 50-50 split. However, there are exceptions to this rule. Gifts or inheritances given specifically to one spouse or property owned before the marriage or after separation are not included in the split and are considered separate property. 

 

Defining Marital and Separate Property

 

When distinguishing between marital and separate property, it’s important to know some key differences. Marital, or community, property is typically everything that you and your spouse acquired or earned during the marriage. This can range from everything from the house you bought together, the income you both earned, to the debts accumulated during this period. On the other hand, separate property includes any assets or debts that one spouse acquired before the marriage, during the marriage as a gift or inheritance specifically to them, or after separation. Furthermore, any property that the spouse declares to be separate property is also considered as such. So, the key differences are the timing and the specific circumstances under which the property was acquired.

 

What is Community Property, and How Does it Get Split in a Divorce Case?

 

As mentioned earlier, community property comprises all assets and debts acquired during the marriage. This includes income, assets purchased by either spouse during the marriage, stock options, retirement accounts, and real estate purchased during the marriage. In most cases, community property is divided equally between the spouses, but the court will also consider factors such as each spouse’s earning capacity, their contribution to property acquisition, and their financial needs. 

 

How Complex Can Divorce Property Division Be in California Law Cases

 

The complexity of property division in California can depend on the nature of the assets involved. Valuing and dividing real estate, business interests, investments, and retirement accounts can be complex and require the assistance of financial experts. In some cases, the court may order the sale of assets to divide the value of community property equally. 

 

Strategies to Help Make the Process Easier

 

Divorce and property division can be stressful and emotionally draining. Here are some strategies to help make the process easier: 

 

  • Hire an experienced attorney who specializes in divorce cases and is knowledgeable about California’s property division laws.
  • Gather and organize all financial documents and records, including tax returns, bank statements, and investment account summaries.
  • Consider alternative dispute resolution methods like mediation or collaborative divorce, which can help avoid going to court and reduce costs.
  • Be willing to negotiate and compromise with your spouse. Divorce is never easy, but it helps to be open-minded and willing to work towards a mutually beneficial agreement.

 

Divorce and property division can be complex and emotionally draining. At the Law Offices of Judy L. Burger, we have experienced divorce attorneys specializing in California’s property division. Our team is knowledgeable about California family law and will help ensure a fair distribution of assets. We also offer various dispute resolution methods, making the process as stress-free as possible for our clients. Contact us today to schedule a private appointment. 

legal vs. physical custody
Child Custody

Legal Custody vs. Physical Custody in California

As a parent in California, one of the most challenging situations you can face is a dispute over child custody. The legal system can be complicated, and it’s essential to understand the difference between legal custody and physical custody if you’re involved in a custody battle. This blog post will provide a comprehensive guide to legal and physical custody in California. 

 

Explaining the Difference Between Legal Custody and Physical Custody in California

 

Legal custody is a parent’s right to make decisions on behalf of their child. This can include decisions about the child’s education, medical care, and religious upbringing. On the other hand, physical custody is where a child will reside. It involves having the child primarily living with one parent while the other parent will have visitation rights. Custody can be awarded to one parent, or both parents can share custody.

 

How to Obtain Legal Custody of Your Child in California

 

Obtaining legal custody in California involves filing a petition with the court. The court will typically grant it if both parents agree to legal custody. However, if there is a dispute, the court will have to decide based on the child’s best interests. To prove that you are the better parent to make decisions on behalf of your child, you will need to provide evidence, such as documentation of your involvement in your child’s education, healthcare visits, and any other important decisions made on their behalf.

 

The Benefits of Having Legal Custody of a Child in California

 

Having legal custody of a child in California comes with several benefits. You can make decisions that you feel are in your child’s best interest without consulting with the other parent. This is particularly helpful if the other parent is uncooperative or lacks involvement in the child’s life. It allows you to make sure your child receives the care and support they need, and you can advocate for your child in legal matters.

 

Understanding Physical Custody and Visitation Rights in California

 

Physical custody determines with whom the child spends their time. A parent can have sole physical custody or joint physical custody. In joint physical custody, the child spends time living with both parents at different times, and each parent has significant periods of physical custody. If one parent has sole physical custody, the other parent will have visitation rights, which determine when and how long the noncustodial parent can spend with their child. This can include unsupervised and supervised visitation.

 

What You Need to Know if You’re Seeking Sole Physical Custody of Your Child

 

If you’re seeking sole physical custody of your child, you must understand that it can be complicated. The court must see evidence that you are the best option for the child and that the other parent is unfit to have physical custody. This can include providing evidence of the other parent’s inability to care for the child or evidence of neglect or abuse. It’s essential to have an experienced family law attorney representing you in court to help protect your child’s best interests.

 

The Pros and Cons Of Sharing Joint Physical Custody Of Your Child In California

 

Joint physical custody can be a beneficial solution that allows both parents to share the responsibility of raising their child. It can also allow the child to bond with both parents and maintain a stable relationship with each. However, there are some downsides to having joint physical custody. Scheduling, communication, and relocation can cause issues with joint physical custody, and it can be challenging to decide when it’s time to change custody arrangements if it’s not working.

 

If you are involved in a custody dispute in California, it’s essential to have an experienced family law attorney representing you. At the Law Offices of Judy L. Burger, we understand the complexities of child custody cases. We will fight to protect your rights as a parent and obtain the best possible outcome for your situation. Contact us today to schedule your initial consultation.

child custody
Child Custody

5 Tips for Navigating the Difficult Journey of Child Custody

Child custody is a difficult and emotional journey many parents face. This process can be particularly overwhelming and daunting if you’re unfamiliar with the legal system, state guidelines, and the complexities of each type of custody arrangement. Whether you’re going through a divorce or separating from your partner, preparing yourself for the challenging road ahead is essential. This blog post will share five essential tips for navigating the difficult journey of child custody and making it as smooth and seamless as possible.

 

Understand the Different Types of Child Custody Arrangements

 

Before you begin the child custody process, it’s important to understand the different types of custody arrangements available. In general, there are two main types of custody: legal custody and physical custody. Legal custody refers to the right to decide on your child’s education, healthcare, and welfare. On the other hand, physical custody refers to the child’s residence and with whom they live. Within these two main categories, there are a variety of custody arrangements, including joint legal custody, sole legal custody, joint physical custody, and sole physical custody. Understanding these different arrangements is vital to help you make an informed decision about which arrangement may be best for your family.

 

Follow the State’s Guidelines for Child Custody Agreements

 

Each state has its guidelines and laws regarding child custody. As such, you must familiarize yourself with California’s laws and policies if you live in the state. Understanding these rules will help you navigate the custody process more confidently and adhere to all legal requirements. For example, in California, the court will consider several factors when determining a child’s best interests, including the child’s safety, well-being, and how involved each parent is in the child’s life.

 

Know Your Rights and Responsibilities

 

As a parent, you have both rights and responsibilities when it comes to your child. It’s important to understand both of these aspects fully so that you can go into the custody process confidently and clearly understand your role. For example, you have the right to spend time with your child and make decisions regarding their care, but you also have a responsibility to provide financially for your child and ensure their safety and well-being.

 

Create a Co-Parenting Plan with Your Ex-Partner

 

One of the biggest challenges of child custody is co-parenting with your ex-partner. Creating a co-parenting plan that outlines how you and your ex-partner will share custody and make decisions regarding your child is essential. This plan should include a schedule for visitation, guidelines for communication, and how you’ll handle disputes or disagreements that may arise in the future. By creating a solid co-parenting plan, you’ll be able to avoid potential conflicts and make the custody process as smooth as possible for your child.

 

Know the Importance of Putting Your Child’s Needs First

 

Ultimately, the most critical aspect of child custody is putting your child’s needs first. Your child’s well-being should be the top priority during this process, and you should make decisions in their best interest. This means putting aside your own feelings or desires and focusing on what is best for your child’s safety, health, and overall well-being.

 

By following these five essential tips, you can confidently navigate the process and make decisions that are in your child’s best interest. It’s also important to reach out to legal professionals who can provide guidance and support throughout the process. If you’re currently going through a custody battle and need legal assistance, don’t hesitate to contact us at the Law Offices of Judy L. Burger. Our team of experienced professionals can help ensure that your legal rights are protected and that you feel confident and prepared as you navigate this difficult time.