Category Archives: Marriage

Is Domestic Violence On the Rise in California?
California Divorce, Child Custody, Domestic Violence, Marriage, Restraining Order, Restraining Order, Termination of Parental Rights

Is Domestic Violence On the Rise in California?

As conversations surrounding domestic violence increase, residents need to understand the current state of this serious issue in California. Domestic violence, which encompasses physical, emotional, and psychological abuse, has far-reaching consequences for individuals and communities. CA Certified Family Law Specialist Judy L. Burger explores this topic so you can better understand the challenges we face in combating domestic violence in the Golden State.

Startling Facts On Domestic Violence

The following facts are based on the 2023 California Violence Experiences Survey (CalVEX):

  • More than half of California women experience intimate partner violence in their lifetime.
  • One in 30 women – more than 460,000 in California – experienced physical and/or sexual violence from a partner in just the past year, and those reporting these abuses in the past year faced greater health and social risks.
  • 9% of women and 31.1% of menin California experience intimate partner violence or stalking in their lifetime. 
  • In 2021, California reported over 1,300 human trafficking cases, the most reported cases of human trafficking in the United States.

“Women who experienced intimate partner violence in the past year are more likely to be contending with depression, anxiety, and suicidality, and they are also more likely to have faced recent eviction,” said Jakana Thomas, a professor of political science at the School of Global Policy and Strategy.

A 2024 report, “The Costs of Intimate Partner Violence in California,” reveals a cost of $73.7 billion to the state in health care, lost productivity and income, and criminal justice and response program spending for domestic violence cases in 2022 alone. This is about 2% of the gross domestic product for California. 

Factors Contributing to the Rise

Domestic violence is a complex issue influenced by various social, economic, and psychological factors. Some of the reasons contributing to its rise may include:

  1. Economic Stress: Economic challenges, such as unemployment or financial insecurity, can increase tensions within households, leading to conflicts that may escalate into violence.
  2. Increased Substance Abuse: Stressful situations can lead to increased alcohol or drug use, which may contribute to aggressive behavior and exacerbate existing tensions in relationships.
  3. Social Norms and Attitudes: Societal acceptance of violence as a means of conflict resolution can perpetuate cycles of abuse. Cultural attitudes towards gender roles and power dynamics in relationships can also impact the prevalence of domestic violence.
  4. Lack of Education and Resources: A lack of education about healthy relationships and available resources can keep victims stuck in abusive situations. Many may not know how to seek help or where to turn.
  5. Historical and Ongoing Trauma: Individuals who have experienced violence in their own families or communities may be more likely to either perpetrate or experience domestic violence themselves, perpetuating cycles of abuse.

Domestic Violence and the Law

The United States Department of Justice defines domestic violence as: “Domestic violence is a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, psychological, or technological actions or threats of actions or other patterns of coercive behavior that influence another person within an intimate partner relationship. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.”

California law specifies that domestic violence encompasses any type of abuse inflicted upon an “intimate partner,” which is broadly defined to include almost a dozen different relationships. This includes the deliberate or careless application of physical force against the individual or the act of threatening to use force against them.

The Importance of Taking Action

The issue of domestic violence is critical. Do not wonder how long you must suffer – when you or your child experience abuse or feel threatened, that is the time to act. If you or someone you know is experiencing domestic violence, please reach out to the National Domestic Violence Hotline at 1-800-799-SAFE (7233). Contact The Law Offices of Judy L. Burger for immediate assistance with obtaining a restraining order. Together, we can work towards breaking the cycle of violence and creating a safer future for everyone.

 

Changes to CA Child Support Laws for 2025
California Divorce, Child Custody, Child Support, Marriage

Changes to CA Child Support Laws for 2025

California made adjustments in 2024 to reflect changes to the decades-old formula for calculating child support. Beginning September 1, 2024, and continuing into 2025, parents under child support orders will see new changes. CA Certified Family Law Specialist Judy L. Burger explores these changes and how they could affect you.

Improving Parenting in the 21st Century

California’s new child support law, Senate Bill 343 (SB 343), aims to make the child support system more equitable and personalized. The new law will take effect on January 1, 2026, and includes several changes:

  1. Updated Calculation Formula: The new formula, called the “K factor,” adjusts the percentage of net income for lower-income parents and recalibrates contributions for higher-income earners. The new formula will increase child support at most income levels and create a fairer system that more accurately addresses each parent’s financial situation. 
  2. Revised Add-on Expense Allocation: Add-on expenses, like childcare and medical costs, will be allocated based on each parent’s net income after taxes. This change will affect many parents’ financial responsibilities. The bill also includes additional expenses like extracurricular activities, childcare, and medical costs not covered by insurance. 
  3. Low-income Adjustments: The new guidelines create a “low-middle” earning bracket to help identify parents who are not on public assistance but still need support. The threshold for the low-income adjustment is now based on the amount a parent would earn working a full 40-hour workweek at minimum wage. 
  4. Pass Through to Formerly Assisted Families: Payments received toward government-owed debt will be distributed to parents who previously received cash assistance. 
  5. Potential Reductions for Incarcerated Parents: The bill provides potential reductions in child support obligations for incarcerated parents. 
  6. Limits On Driver’s License Suspensions: The bill limits the use of driver’s license suspensions as a penalty for unpaid child support. 

Periodic Reviews Of Child Support Orders

SB 343 establishes a requirement for periodic reviews of child support orders, aimed at adjusting these obligations in accordance with evolving circumstances. These reviews will consider changes in the parents’ income, employment status, and the needs of the child over time. By implementing regular assessments, the new guidelines seek to maintain fairness in child support arrangements, ensuring that the obligations reflect the current situations of both parents and the child. This provision allows for modifications to child support orders as necessary, promoting ongoing equity in child support agreements.

How Do These Changes Affect You?

California is implementing new child support guidelines aimed at creating a fairer and more balanced system. These changes prioritize the well-being of children while considering the diverse financial situations of parents. Understanding the details of Senate Bill 343 is important for those affected by these changes and anyone wanting to stay informed.

The only way to learn how these changes affect you is to have your current child support orders and calculations professionally reviewed. Have you already noticed changes in your child support payments or calculations? Do you have more questions about these changes and how they affect your specific case?

Family Law Attorney Judy L. Burger is adept at helping clients navigate child support issues and her counsel can be invaluable as you seek to protect your rights and ensure the best interests of your child. For expert guidance on these changes, CA Certified Family Law Specialist Judy Burger is available to assist you in addressing your family’s needs. Contact one of our offices to schedule a consultation and review. Call 415-293-8314 and ask to meet in the office nearest you: Gold River, San Francisco, San Jose, Beverly Hills, San Diego, Oxnard, San Rafael, or Santa Barbara, CA.

 

Are Ex Parte Hearings Common?
Marriage, Domestic Violence, Legal Separation, Restraining Order, Termination of Parental Rights

Are Ex Parte Hearings Common?

Ex parte hearings, also known as emergency hearings, are common in family law cases. These hearings allow one party to request immediate court intervention without the other party being present. They are typically used in urgent situations where waiting for a regularly scheduled hearing would cause irreparable harm. CA Certified Family Law Specialist Judy L. Burger shares some vital insights about emergency hearings.

What Is An Ex Parte Hearing?

The term “ex parte” comes from Latin and translates to “from one party.” It refers to a request made by one party to present evidence to the court with minimal or no notice to other involved parties. In California, these hearings are allowed in cases where there is an imminent threat of significant harm, and immediate action is necessary to prevent it.

Ex parte hearings are not meant to bypass the regular legal process. Instead, they are intended to address urgent matters that cannot wait for a scheduled hearing. The party requesting the ex parte hearing must demonstrate to the court that a genuine emergency requires immediate attention.

These hearings are subject to specific legal procedures and requirements and are typically granted only when there is a compelling reason to do so. The party requesting the hearing must provide clear and convincing evidence to support their request, and the court will carefully consider the potential impact of granting the emergency relief.

When Should I Request an Ex Parte Hearing?

Family disagreements can quickly escalate. Relationships can sour and become highly emotional. Child custody discussions between parents can sometimes become tense or even escalate to violence. In California family court, if you anticipate that discussions could become volatile or if you feel threatened, you have the option to request an ex parte hearing. In such a hearing, the court may grant emergency orders to protect you and your child, even in the absence of the other parent or party, if there is sufficient evidence to support your request.

Common reasons to request an ex parte hearing include the following:

  1. To Protect a Child: Ex parte emergency orders are typically granted when there are allegations of child abuse, neglect, a threat of abduction, or other similar reasons when a child would need legal protection from serious harm.
  2. To Prevent Physical Harm: Ex parte orders can be granted to protect an adult from possible domestic violence or other causes of imminent and serious harm. Preventing a personal injury from a previously violent person is a justifiable cause for an ex parte emergency order of protection. This includes if one parent threatens harmful actions if a sole custody petition is filed with the court.
  3. To Prevent Financial Harm: Ex parte orders can also be requested if significant financial harm is imminent, threatened, or otherwise could cause serious loss to the victims. An example would be when one party claims a spouse is willfully destroying joint-owned property, leaving the first party without a means of support.

While ex parte hearings are relatively common in family law cases, they are reserved for urgent situations that require immediate court intervention. If you believe that you have a legitimate need for an ex parte hearing, it’s crucial to seek legal advice and assistance to ensure that your rights are protected and that the court fully understands the urgency of your situation.

California Ex Parte Hearings Attorney

In cases where custody matters are at risk due to impending harm or violence, or you feel threatened in any way, the Law Offices of Judy L. Burger can assist you in obtaining ex parte orders. If you find yourself in a situation where you or your child are facing abuse or feeling threatened, it is crucial to act.

A temporary restraining order may be necessary to safeguard you and your child from an abusive or manipulative spouse or parent. For immediate assistance in obtaining a restraining order, please reach out to the Law Offices of Judy L. Burger, which has eight offices across California to serve you.

 

Spousal Support and Taxes
Spousal Support, California Divorce, Marriage, Mediation, Property Division

Spousal Support and Taxes

Filing for a divorce can complicate your tax situation, especially regarding spousal support. Is alimony (spousal support) taxable? Yes and no. Certified Family Law Specialist Judy L. Burger explains more about how spousal support affects your federal income taxes.

What Is Alimony?

The Internal Revenue Service defines alimony, or spousal support, (also called separate maintenance) as, “Amounts paid to a spouse or a former spouse under a divorce or separation instrument (including a divorce decree, a separate maintenance decree, or a written separation agreement) …”

It further specifies what qualifies as spousal support:

“A payment is alimony or separate maintenance if all the following requirements are met:

  • The spouses don’t file a joint return with each other;
  • The payment is in cash (including checks or money orders);
  • The payment is to or for a spouse or a former spouse made under a divorce or separation instrument;
  • The spouses aren’t members of the same household when the payment is made (This requirement applies only if the spouses are legally separated under a decree of divorce or of separate maintenance.);
  • There’s no liability to make the payment (in cash or property) after the death of the recipient spouse;
  • The payment isn’t treated as child support or a property settlement; and
  • The divorce or separation agreement does not designate the payment as not includable in gross income of the payee spouse and not allowable as a deduction to the payer spouse.”

Alimony and child support are not the same. Child support is never deductible and isn’t considered income.

Is Spousal Support Taxable?

The Tax Cuts and Jobs Act of 2017 changed alimony taxation rules. Here is the law as it stands now (June 4, 2024):

  1. Spousal support or separate maintenance payments made under a divorce or separation agreement executed before 2019 are deductible by the payer spouse and included in the recipient spouse’s income.
  2. Spousal support or separate maintenance payments made under a divorce or separation agreement dated on or after January 1, 2019, are NOT deductible by the payer spouse and NOT included in the recipient spouse’s income.

Some support included in a divorce or separation agreement is not considered spousal support under federal tax guidelines. Family Law Attorney Judy Burger can examine your divorce or separation agreement and determine what is and is not taxable/tax deductible for the current tax year. Many aspects of the TCJA expire in 2025 unless re-enacted by Congress.

Legal Help with Child & Spousal Support

California takes child and spousal support agreements seriously. Child support is never deductible and isn’t considered income. If a divorce or separation instrument provides alimony and child support, and the payer spouse pays less than what is required, the payments apply to child support first. Only the remaining amount is considered alimony. However, Failure to meet court-ordered support agreements is considered contempt of court and can bring serious punishments.

Penalties for contempt of family court can include imprisonment, community service, fines, and/or payment of outstanding debt for financial obligations. California law dictates that sentencing may result in fines of up to $1,000 per act of contempt and/or as many as five days in jail. In cases such as child support or spousal support order violations, fines and jail time will accumulate after months of failure to pay.

Support violations carry a three-year statute of limitations. Any action alleging violations of support orders must be made within three years after the first missed payment.

If you have questions about child or spousal support or need help getting what you deserve, contact The Law Offices of Judy L. Burger. We have eight conveniently located offices across California to serve you.

Can a California Restraining Order Keep Me Safe?
Restraining Order, California Divorce, Child Custody, Domestic Violence, Legal Separation, Marriage, Mediation, Property Division, Restraining Order, Termination of Parental Rights

Can a California Restraining Order Keep Me Safe?

A California restraining order “(also called a ‘protective order’) is a court order that can protect someone from being physically or sexually abused, threatened, stalked, or harassed.” But can a restraining order keep you safe? Certified Family Law Specialist Judy L. Burger explains the basic provisions of California restraining orders and how they work.

Types of Restraining Orders

Restraining orders in California can include prohibitions or guidelines for:

  1. Personal Conduct
  2. Distance Exclusions (Stay-Away Orders)
  3. Moving Out (Residence Exclusion Orders)

These orders come in various types:

The subject of the restraining order has restrictions that govern their:

  • Movements
  • Freedoms
  • Living arrangements
  • Custody and visitation rights
  • Immigration and naturalization status or privileges

Restraining orders are designed to keep parties separate and govern the actions of one party to minimize or eliminate the risk of harassment, intimidation, and violence.

When Should I File for a Restraining Order?

Many California residents struggle with the question of when it is appropriate or necessary to file for a restraining order with the court. They ask, “How far is too far?” or “How much should I endure?” before a restraining order is warranted. However, if you are asking that question, it may already be time to seek legal protections.

If you ask, “How far is too far?” or “How much should I endure?” before a restraining order is warranted, it is likely time to seek legal protection.

Contact The Law Offices of Judy L. Burger for assistance with obtaining a California restraining order or call the National Domestic Violence Hotline at 1-800-799-7233 for immediate help.

If the restrained person violates the restraining order, they may be subject to imprisonment, a fine, or both.

Be Proactive About Your Safety

A legal protection order is a strong defense, but it is only one aspect of protection. You should be proactive about your own safety and the safety of your child(ren). Family Law Attorney Judy Burger can discuss specific provisions with you, but we recommend taking the following actions:

  • Being aware of your surroundings at all times
  • Keeping doors and windows locked at all times
  • Avoiding places or areas where the risk of confrontation is high
  • Do not share your residence information, plans, or whereabouts on social media or with anyone
  • Create an emergency plan in case you need to leave your home or another location
  • Use a third party for any necessary communications with the restraining order subject
  • Immediately report all violations of the restraining order’s provisions

Certified CA Family Law Specialist Judy Burger can walk with you through the difficult circumstances that prompt filing for a domestic violence restraining order in California and help you keep yourself and your children safe. Contact one of our eight offices across the state for more information.

Get Help Filing for a Domestic Violence Restraining Order

The Law Offices of Judy L. Burger can help you file a petition to the court for various restraining orders. The petition outlines the details of the threats or abuse prompting the order request and includes dates, locations, and all relevant facts. We will also help you collect evidence like videos, images, social media posts, damaged property, physical evidence on your body, medical reports, witness statements, and more. Our team will also help you determine the type of restraining order you need and what you need it to do. 

putative spouse
Marriage

What is a Putative Spouse?

Depending on where you live, you may or may not have to follow formal steps to be considered married. In California, however, certain legal requirements must be met for a couple to be considered legally wed. Generally, if a California couple does not meet these requirements, they will not have the same legal protections and rights as those who are married. One possible exception is when there is a putative spouse. So, it’s important to know: What is a putative spouse?

What is a Putative Spouse? 

A putative spouse is a person who has a good faith belief that they have been living with another person as their married partner. In California, the law recognizes the rights of a person who meets this definition.

What Rights Does a Putative Spouse Have in California?


Under California Law, someone determined to be a putative spouse will have the same rights as someone legally married. This means that when the relationship is ending, a court can make decisions regarding property division, child custody, and spousal support just as it could in a California divorce, legal separation, or dissolution of a domestic partnership.

Does it Matter if the Marriage is Voidable?

There are numerous reasons that a marriage may be voidable. For instance, suppose a couple married when one partner was already married. In that situation, a spouse may believe themselves to be legally married but actually be in a voidable marriage. Likewise, a couple may go through a marriage ceremony believing they have met all California legal requirements, only to learn later they were mistaken;

in these and other situations where a spouse believes in good faith that they are married, the court may grant the individual putative status.

How Does a California Court Determine Good Faith?

Good faith is generally shown by the party’s actions and can be evaluated from the perspective of a reasonable person. A court will examine the evidence and determine whether a reasonably prudent person would have believed themselves to be married under the same circumstances.

A California court will look at similar facts as another state might examine to determine if a common law marriage exists. For instance, if a couple identifies themselves to others as married and completes official documents such as tax and life insurance forms representing themselves to be married, the court can take this into consideration.

What Happens Without a Putative Designation? 

If one or both partners learns their marriage is invalid, the couple may have the option of having it annulled. However, an annulment does not confer the same rights as would be granted to a putative spouse. In an annulment, if there’s no putative spouse, a judge can’t divide your property and debts or order spousal support. When a party is granted putative status, the assets, debt, and property acquired during their marriage will be divided as community property, and spousal support may be ordered. Putative spouses also have intestate succession rights to their former partner’s estate.

If you have concerns that your marriage is not valid, it’s essential that you consult with an experienced California family law attorney as soon as possible. You and your California family law lawyer can review your circumstances and determine your next steps. If you are granted putative status, your attorney can help you with property division, child custody, support, and the other issues in your case.

Contact a California Family Law Attorney Today


The attorneys at the Law Offices of Judy L. Burger are experienced California child custody attorneys who can help you with your child custody issues. Our firm assists clients along California’s Northern to Southern Coast, including San Francisco, Beverly Hills, Marin, San Jose, Gold River, San Diego, Santa Barbara, Ventura/Oxnard, and surrounding communities. Call us at 415-293-8314 to schedule a private appointment or visit our website.

Women Are Happier Following a Divorce and Other Interesting Divorce Statistics
Marriage, California Divorce

Women Are Happier Following a Divorce and Other Interesting Divorce Statistics

Everyone knows that divorce is stressful. But being married can be worse. Freeing yourself from a spouse surprisingly can put a smile on the faces of one gender more than the other. Studies show that women are often happier following a divorce. Happier than men or just happier in general? Probably a little of both. Women often find freedom for self-discovery and just being themselves in a post-divorce world. Roughly 61% of women claim to be happier even though they are not looking for a new love interest. Let’s look at some other interesting divorce statistics.

Divorce rates are decreasing.

According to the Wall Street Journal, the divorce rate has dropped dramatically. In 2000, there were about 4.0 divorces per 1,000 people. In 2018, the rate had dropped to 2.9 divorces per 1,000 people. Some speculate this rate may rise in the next year or so due to COVID-19 stay-at-home orders.

The over-50 crowd divorce statistics are surprising.

Gray divorce is on the rise. Baby boomers are hitting the divorce courts at record rates. In fact, the divorce rate for adults age 50+ has doubled over the past 25 years.

This increase may be caused, in part, because many baby boomers divorced as young adults. Second and higher marriages typically have a greater likelihood of divorce.

However, a surprising number of gray divorces involve people who have been married for at least 30 years. The reasons for divorce vary, but some people find they have drifted apart around retirement age or when the kids become independent.

The reason millennials have a low divorce rate.

This particular age has seen a 24% decline in marriage rates since 1981. Reasons for this low divorce rate include:

  • Fear of marriage because their parents divorced when they were young.
  • Deciding to delay marriage to pursue other interests.
  • Desire to be financially stable before tying the knot.

Obviously, they can’t get divorced if they aren’t getting married.

Who’s more likely to remarry – men or women?

According to most studies, men are more likely to remarry than women. About 65 percent of divorced men compared to roughly 50% of women. Perhaps this statistic is based on our first statistics – that women tend to be happier following a divorce

Divorce Statistics Don’t Tell the Whole Story if You Are the One Getting Divorced.

The attorneys at The Law Offices of Judy L. Burger are well-versed in divorce and the dissolution of registered domestic partnerships. Judy Burger is a California Certified Family Law Specialist and founder of the Law Offices of Judy L. Burger. Please call our offices at 415-293-8314 to set up an appointment with one of our attorneys. We assist clients in California’s Northern to Central Coast, including San Francisco, Beverly Hills, Gold River, San Diego, Santa Barbara, Ventura/Oxnard, and surrounding communities.

How to Know When Your Marriage Is Over
Marriage, California Divorce

How to Know When Your Marriage Is Over

Most of us don’t walk down the aisle at our weddings thinking there’s an expiration date for our love. We don’t say, “I do,” while planning to end our marriages in six years, three days, and 12 hours. But building a healthy marriage and keeping it together is not easy. At some point, you may have to know when your relationship is over so you can move on. In this article, we will explore several ways of knowing that it’s time to file the divorce petition.
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The Effect of Long-Term Marriage on Divorce Settlements
California Divorce, Marriage, Spousal Support

The Effect of Long-Term Marriage on Divorce Settlements

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Jack and Diane’s marriage lasted much longer than the average marriage. But after 32 years, they decided to call it quits. They knew their adult children would be fine, but really had no idea how their long-term marriage would affect their divorce settlement.

Divorce Settlements, in General.

The parties to a divorce agree on a divorce settlement, or the court irons out the details for them. Typically, such settlements include custody and visitation agreements, child support, division of assets and debts, and spousal support.

For issues involving children, courts look for an arrangement that best suits the children’s needs.

When it comes to assets and debts, California is a community property state. This means that a couple’s debts and property are generally considered to be owned 50-50, although there are exceptions.

Spousal support is based on factors like:

  • The standard of living established during the marriage.
  • Whether the supported party contributed to supporting party’s career.
  • The supporting spouse’s ability to pay.
  • Each spouse’s needs.
  • Each spouse’s assets and obligations.
  • The duration of marriage.
  • Whether supported spouse can work without harming children.

This is not the complete list contained in the California Family Code 4320. However, in this blog, we are looking at how people married for over 10 years fare in a divorce. The length of the marriage is only one factor in negotiating a settlement.

So, What’s Different About Long-Term Marriages?

Marriages that last less than 10 years are generally thought of a short-term when it comes to calculating spousal support. When one spouse needs support from the other, courts often give the needy spouse alimony for one half the duration of the marriage. Importantly, the court orders a time period wherein the court can make further decisions related to alimony. For example, for a marriage of 8 years, the supported spouse might receive alimony for 4 years, but the court retains jurisdiction for only 2.

A supported spouse leaving a long-term marriage may receive support for half the duration of the marriage. Courts tend to be more flexible in longer-lasting marriages. As for jurisdiction, the court can make decisions about alimony for this divorce indefinitely. If the supported spouse becomes ill while receiving support, the court could order additional support after taking all factors into consideration.

Years Can Make a Difference.

If you’re facing divorce, how long you remained married influences your divorce settlement. However, courts are not required to abide by a 10-year rule. It’s just a very common measurement. It’s best to speak with an attorney to make sure you receive everything to which you are entitled.

Judy Burger is a California Certified Family Law Specialist, and founder of the Law Offices of Judy L. Burger. Please call our offices at 415-293-8314 to set up an appointment with one of our attorneys. We assist clients along the Northern to Central California Coast.