Judges consider many factors before deciding on child custody arrangements. A history of domestic violence is only one issue, but it is a truly important one when considering what is in the child’s best interests. But when custody hinges on a domestic violence incident, a rebuttable presumption occurs. Continue reading
Sometimes couples try everything but just can’t make their marriages work. Many consider divorce. But just making the decision to end their relationship is only the beginning. California divorce laws regulate how the process is handled, including issues related to the following frequently asked questions. Continue reading
Maybe you are considering divorcing your spouse. Maybe you have already decided to end your marriage but don’t know where to go for help. We encourage you to get help, but not just any help. You need the right legal representation, so here are some tips on how to find a divorce attorney who rocks. Continue reading
Divorced parents Carlos and Sarah were able to handle disagreements about raising their two children – usually amicably. But they finally reached a potential impasse when trying to make healthcare decisions. Often, decisions about medical treatment are time-sensitive. Therefore, Carlos and Sarah needed to deal with their disagreement about healthcare as quickly as possible. Continue reading
When people get married, it’s often said that they are becoming one. Their lives, friends, and family are combined to form their new life. But what about their property? Does one person’s stuff automatically belong to the new spouse? Not necessarily, especially in a community property state like California. Possessions can be considered community (owned by both), separate (owned by one person), or mixed (a little of both). To make things a little more complicated, three types of separate property can exist in a California marriage. Continue reading
Under California family law, both parents are expected to be financially responsible for their children. One parent often pays child support to the parent with a more significant custodial role. Courts base child support awards partially on the paying parent’s income. But what happens when that parent no longer has a job or other source of income? Even worse, what if spousal unemployment was not an accident? Continue reading
On the eve of their third anniversary, Dwight and Angelo decided their domestic partnership just wasn’t working anymore. They both worried that terminating their relationship could be expensive and stressful. But they also felt it was the right thing to do and hoped to move quickly. They began to explore their options. It looked like the easiest way to dissolve their domestic partnership might be through something called summary dissolution. Continue reading
Frasier delighted its fans during its 1993 to 2004 run. This Seattle-based show followed the antics of a radio psychiatrist and his friends and family. In addition to his father and brother, Frasier had to forge and maintain relationships with his ex-wife, Lilith, and his young son, Frederick. But Lilith and Frederick lived across the country in Boston. Their living arrangements presented some problems with child custody and visitation. While the show presented these issues in a humane yet humorous way, there are some significant lessons to take away. Continue reading
Deciding who gets the kids in a child custody battle is no easy feat. Judges don’t simply toss a coin or render arbitrary decisions. In fact, California law requires judges to make decisions that are in the child’s best interests based on certain factors. Let’s look at some of the things family court judges consider before finalizing custody arrangements. Continue reading
Property division is one of the most critical and contentious parts of a divorce. The parties and their attorneys must first identify all assets and debts, then categorize them as marital property or separate property. Some assets might even be a little bit marital and a little bit separate. Investment and retirement accounts can be particularly difficult for people to split up. However, a QDRO takes care of the actual process of dividing retirement plans. Continue reading