What Should I Understand About California Divorce Laws?
California Divorce

What Should I Understand About California Divorce Laws?

If you are considering a California divorce, it’s essential to understand the key laws and processes that will shape your financial future, your relationship with your children, and your legal rights. California divorce law is complex, but knowing the basics can help you make informed decisions and avoid common pitfalls.

What Makes California Divorce Unique?

California divorce laws are distinct because the state is a “no-fault” and “community property” jurisdiction. This means that neither spouse needs to prove wrongdoing to end the marriage, and most property acquired during the marriage is considered jointly owned and subject to equal division. Understanding these core concepts is crucial as you prepare for a divorce in California.

What Are the Grounds for Divorce in California?

California is a “no-fault” divorce state [CA Fam Code § 2310 (2025)]. You do not need to prove that your spouse did anything wrong. The most common ground cited is “irreconcilable differences.” This approach helps reduce conflict and focuses on resolving issues rather than assigning blame.

What Is Community Property and How Does It Affect Asset Division?

In a California divorce, the community property principle applies. This means that, with few exceptions, all assets and debts acquired during the marriage are considered jointly owned and must be divided equally upon divorce. Some assets, such as those acquired before marriage, by gift, or inheritance, may be classified as separate property and are typically not divided.

Here’s a simple example: If you and your spouse bought a home during the marriage, both parties generally have an equal claim to the property—even if only one name appears on the deed. Similarly, any debts accrued during the marriage are shared equally, regardless of which spouse incurred them.

How Is Child Custody Determined in a California Divorce?

Child custody is often the most sensitive issue in a California divorce. The court’s primary consideration is the best interest of the child. There are two main types of custody: legal (decision-making authority) and physical (where the child lives). Custody may be joint (shared by both parents) or sole (awarded to one parent), depending on the circumstances.

The court considers several factors, including the child’s age, health, emotional ties to each parent, and each parent’s ability to care for the child. In some cases, the court may also consider the child’s wishes, especially if the child is mature enough to express a preference.

How Is Child and Spousal Support Handled?

California courts use specific guidelines to determine both child and spousal support. For child support, the court considers each parent’s income, the amount of time each parent spends with the child, and other relevant expenses. Spousal support, also known as alimony, is awarded based on factors such as the length of the marriage, the standard of living during the marriage, and each spouse’s earning capacity.

What Is the Divorce Process in California?

The California divorce process follows these basic steps:

  1. Filing the Petition: One spouse (the petitioner) files for divorce and serves the other spouse (the respondent) with legal papers.
  2. Response: The respondent has 30 days to file a response.
  3. Disclosure: Both parties exchange financial information.
  4. Negotiation: Spouses negotiate issues like property division, support, and custody. If they cannot reach an agreement, the court will decide.
  5. Judgment: The court issues a final judgment, making the divorce official.

California has a mandatory six-month waiting period before a divorce can be finalized, even if both parties agree on all terms.

Are There Residency Requirements for a California Divorce?

Yes. To file for divorce in California, at least one spouse must have lived in the state for at least six months and in the county where the divorce is filed for at least three months [CA Fam Code § 2320 (2025)]. This requirement helps ensure that California courts have jurisdiction over your case.

How Can Legal Representation Help?

Divorce is not just an emotional process—it is a legal one with long-lasting consequences. An experienced California divorce attorney can:

  • Ensure all paperwork is completed correctly and on time
  • Protect your rights and financial interests
  • Advocate for a fair division of assets and debts
  • Develop parenting plans that serve your children’s best interests
  • Represent you in negotiations and, if necessary, in court

For especially complex cases—such as those involving business ownership, substantial assets, or contested custody—working with a California Certified Family Law Specialist can make a significant difference. Specialists undergo rigorous additional training and testing to earn this credential, demonstrating deep expertise in California family law.

Examples of Common Divorce Scenarios in California

  • A couple married for 15 years with children, a family home, and retirement accounts will need to address property division, custody, and support. California law requires a careful, equitable approach, and a skilled attorney can help ensure both parties’ interests are represented.
  • A spouse who has been out of the workforce for many years may be eligible for spousal support, which is determined by a range of statutory factors. Legal counsel can help present a strong case to the court.
  • In high-conflict custody disputes, the court may appoint a child custody evaluator or mediator. Having an advocate who understands the process is invaluable.

Why Choose The Law Offices of Judy L. Burger for Your California Divorce?

Led by Judy L. Burger—a certified family law specialist with decades of experience—our firm provides comprehensive representation in all aspects of California divorce. We handle everything from asset division and custody disputes to support negotiations and post-judgment modifications. Our team is dedicated to protecting our clients’ rights, offering compassionate guidance, and delivering results based on a thorough understanding of California family law.

We pride ourselves on clear communication, meticulous attention to detail, and unwavering advocacy in and out of court. Whether your divorce is straightforward or highly complex, you can trust our expertise to guide you through every step.

Frequently Asked Questions

Q: How long does it take to get a divorce in California?
A: The minimum waiting period is six months from the date the respondent is served with divorce papers, but complex cases may take longer.

Q: Do I have to go to court for a California divorce?
A: Not always. Many divorces are settled through negotiation or mediation. However, some issues may require a court hearing if agreement cannot be reached.

Q: Is everything divided equally in a California divorce?
A: Community property is typically divided equally, but there are exceptions for separate property such as inheritances or assets owned before marriage.

Q: Can I get spousal support?
A: Possibly. The court considers multiple factors, including the length of the marriage and each spouse’s financial situation.

Q: What if my spouse doesn’t want a divorce?
A: California does not require both spouses to agree. If one spouse wants a divorce, it will be granted.

Get Trusted Guidance for Your California Divorce

Navigating a California divorce can be challenging, but you don’t have to do it alone. The Law Offices of Judy L. Burger combines deep legal knowledge and specialization to protect your interests at every stage.

Contact us today to schedule a confidential consultation and take the first step toward a secure future.

 

How Can a CA Certified Family Law Specialist Help Me Ensure Fair Agreements in My Divorce?
California Divorce

How Can a CA Certified Family Law Specialist Help Me Ensure Fair Agreements in My Divorce?

A California certified family law specialist can help you ensure fair agreements in your divorce by combining expert legal knowledge, extensive experience, and specialized negotiation skills to advocate for your best interests while adhering to California’s strict legal standards.

When facing a divorce, the stakes are high—your financial future, relationship with your children, and peace of mind are all on the line. Turning to a certified family law specialist gives you the confidence that your agreements will be fair, thorough, and legally sound.

What Sets a Certified Family Law Specialist Apart?

Not every family law attorney in California holds the title of “certified family law specialist.” This prestigious certification, granted by the State Bar of California Board of Legal Specialization, requires a rigorous process that goes far beyond the standard requirements to practice law. To earn this designation, attorneys must meet strict criteria, including:

  • Passing an extensive written exam in family law
  • Demonstrating substantial involvement in family law cases
  • Completing significant continuing education specific to family law
  • Receiving favorable peer reviews from judges and fellow attorneys

This means a certified family law specialist is not only committed to the field of family law but has also proven their expertise and dedication through independent evaluation. In the words of the California State Bar, “A certified specialist is more than just an attorney who practices in a particular area. A specialist has been tested, evaluated, and recognized for proficiency.”

How Does a Specialist Ensure Fair Divorce Agreements?

A certified family law specialist approaches your divorce with a deep understanding of California’s complex laws and the practical realities families face. Here’s how they help ensure fairness throughout the process:

Comprehensive Legal Knowledge
Certified family law specialists stay current on the latest developments in California family law. This knowledge allows them to identify issues others may overlook, such as tax implications, hidden assets, or the long-term impact of certain agreements.

Even-mannered Negotiation and Advocacy
Divorce negotiations can be emotionally charged and contentious. Specialists have honed their negotiation skills in high-stakes family law disputes, enabling them to advocate for your priorities while maintaining a professional, level-headed approach.

Thorough Analysis and Documentation
A specialist’s experience ensures that every detail—property division, child custody, support, and more—is thoroughly addressed. They draft clear, enforceable agreements, minimizing the risk of future disputes or court challenges.

Objective Guidance
Emotions can cloud judgment during a divorce. Certified specialists provide objective advice, helping you focus on your long-term interests and avoid decisions that may seem appealing in the moment but have negative consequences down the road.

Problem-Solving for Complex Situations
Every family is unique. Specialists draw from years of experience handling a wide range of scenarios, from business ownership and complex financial portfolios to high-conflict custody matters. They tailor solutions to fit your specific needs.

What Does the Certification Process Involve?

According to the State Bar of California, the path to becoming a certified family law specialist is demanding. Attorneys must:

  • Have been substantially involved in the practice of family law for at least five years
  • Handle a significant number of family law cases, including trials, hearings, and settlements
  • Complete ongoing legal education in family law
  • Pass a written exam administered by the Board of Legal Specialization
  • Receive positive peer reviews

This process ensures specialists have both breadth and depth of experience, as well as a reputation for professionalism and ethical practice.

Consider the following scenarios:

  • A divorcing couple owns multiple properties and a family business. A certified family law specialist identifies creative solutions for property division, ensuring both parties receive a fair share while minimizing tax liabilities and business disruption.
  • In a high-conflict custody case, a specialist negotiates a parenting plan that protects the children’s interests and provides clear guidelines, reducing the potential for future disputes.
  • When one spouse suspects hidden assets, a specialist employs forensic accountants and legal strategies to uncover the truth and secure an equitable settlement.

How Does The Law Offices of Judy L. Burger Demonstrate Expertise?

At The Law Offices of Judy L. Burger, our team is led by Judy L. Burger, a certified family law specialist with decades of experience advocating for clients across California. Our firm’s commitment to excellence means we:

  • Prioritize clear communication and transparency throughout your case
  • Leverage our in-depth knowledge to anticipate challenges and craft effective strategies
  • Represent clients in complex, high-asset, and high-conflict cases with confidence and skill
  • Provide compassionate support while fiercely protecting your interests

Judy L. Burger’s reputation for results stems from her meticulous preparation and her unwavering dedication to her clients’ well-being. We understand that every family’s situation is unique, and we pride ourselves on developing tailored solutions to meet your needs.

Frequently Asked Questions

Q: What is a certified family law specialist?
A: A certified family law specialist is an attorney who has met rigorous standards set by the State Bar of California, demonstrating exceptional skill and experience in the area of family law.

Q: Do I need a certified specialist for my divorce?
A: While it’s not required, working with a certified family law specialist can give you peace of mind that your agreements will be fair, legally sound, and designed to protect your interests now and in the future.

Q: How can I confirm if my attorney is certified?
A: The State Bar of California maintains a directory of certified specialists. You can verify your attorney’s credentials on their official website.

Q: What types of cases does a certified family law specialist handle?
A: Specialists handle all areas of family law, including divorce, child custody, support, property division, prenuptial agreements, and more.

Q: Will hiring a specialist cost more?
A: While fees may vary, the expertise of a certified specialist can actually save you money by helping you avoid costly mistakes, disputes, or litigation down the line.

Choose Experience and Specialization for Your California Divorce

When it comes to protecting your future during a divorce, don’t leave anything to chance. A certified family law specialist brings the knowledge, skill, and dedication needed to ensure your agreements are fair and reliable.

If you’re navigating a divorce or other family law matter in California, contact The Law Offices of Judy L. Burger. Put our experience and specialization to work for you and take the first step toward a secure future today.

What Are Common Disputes in a California Property Division?
California Divorce, Property Division, Property Division

What Are Common Disputes in a California Property Division?

California Certified Family Law Specialist Judy L. Burger affirms that the most common disputes in a California property division involve disagreements over asset valuation, hidden assets, debt allocation, distinguishing community from separate property, and handling commingled assets.

Summary: If you’re facing property division in a California divorce, expect possible disputes around how assets are valued, whether assets are being concealed, how debts are split, and what counts as community versus separate property. These issues can complicate the process, but understanding them—and having the right legal help—can make a significant difference.

Why Do Property Division Disputes Occur in California?

California is a community property state. This means that, in a divorce, most property acquired during the marriage is considered jointly owned and subject to equal division. However, the path to a fair split is rarely simple. Property division disputes often arise due to:

  • Differing opinions on the value of significant assets
  • One spouse hiding or failing to disclose property
  • Disagreements over who should be responsible for certain debts
  • Uncertainty about whether an asset is community or separate property
  • Assets that have become mixed or “commingled” over the years

Let’s take a closer look at each of these issues.

How Do Valuation Disagreements Affect Property Division?

Valuation disagreements are among the most common property division disputes. Assets such as homes, businesses, investment accounts, or unique items (like art or collectibles) may have values that fluctuate or are open to interpretation. One spouse might believe the family home is worth more or less than the other does, especially if they wish to keep or sell it. Business interests are particularly challenging, often requiring expert appraisers and forensic accountants.

How Do Hidden Assets Complicate Property Division?

Unfortunately, some spouses attempt to hide assets by transferring funds to undisclosed accounts, underreporting income, or even purchasing items under another person’s name. Hidden assets can significantly skew the property division process. California law requires full and transparent disclosure of all assets and debts. If one spouse is found to have concealed property, courts can impose severe penalties, including awarding the entirety of the hidden asset to the other party.

What Happens with Debt Allocation in Property Division?

Debt is just as important as assets in property division. Spouses may disagree over who should bear responsibility for credit card balances, loans, or tax debts. California law aims to split community debts equally, but debts incurred for personal purposes or after separation may be treated differently. Careful documentation and legal guidance are crucial to ensure debts are properly characterized and allocated.

How Do Courts Distinguish Between Community and Separate Property?

Not all property is subject to division in a California divorce. Community property includes most assets and debts acquired during the marriage, while separate property covers assets owned before the marriage, gifts, and inheritances. Disputes often arise when spouses disagree over when an asset was acquired or whether an inheritance was meant for both parties. Documentation—such as purchase records and gift letters—can become critical evidence.

What Are Commingled Assets, and Why Do They Cause Disputes?

Sometimes, separate and community assets become mixed over time—a process known as commingling. For example, if one spouse uses premarital savings as a down payment on a marital home, or both contribute to the upkeep of an inherited property, things can get complicated. Untangling commingled assets requires meticulous tracing of financial records and may involve testimony from financial experts.

Examples of Common Property Division Disputes

Consider these scenarios:

  • Valerie and Tom disagree on the value of Tom’s small business, which he started before their marriage but grew substantially during it.
  • Lisa suspects her spouse, Mark, is hiding cryptocurrency investments acquired during the marriage.
  • A couple disputes who should be responsible for a joint credit card that was used mostly by one spouse for personal expenses after separation.
  • Maria received a family inheritance before marriage, but she and her spouse used some of it to remodel their marital home.

Each of these examples highlights the need for expert guidance and careful documentation to resolve property division disputes fairly.

How The Law Offices of Judy L. Burger Can Help

At The Law Offices of Judy L. Burger, our team has decades of experience handling complex property division matters throughout California. Our founding attorney, Judy L. Burger, is a CA Certified Family Law Specialist known for her assertive representation and deep understanding of California’s community property laws.

She takes a strategic, personalized approach to every case, working closely with forensic accountants, appraisers, and other experts as needed. Our goal is to protect your interests at every stage of the property division process.

Frequently Asked Questions

Q: Can I keep my separate property in a divorce?
A: Yes, separate property (acquired before marriage or by gift/inheritance) is generally not divided, but you must prove it’s separate.

Q: What happens if my spouse hides assets?
A: The courts take hidden assets very seriously. If proven, you may be awarded a larger share of the divided property.

Q: Who pays the debts in a divorce?
A: Community debts are usually split equally, but debts for personal use or incurred after separation might be allocated differently.

Q: How does the court value complex assets?
A: Courts may appoint appraisers or other experts to determine the value of businesses, real estate, and unique assets.

Q: Should I hire a lawyer for property division?
A: Absolutely. Property division can quickly become complicated. An experienced attorney is essential to protect your rights and ensure a fair outcome.

Ready to Resolve Your Property Division Dispute?

If you are facing property division challenges in your California divorce, don’t go it alone. Contact The Law Offices of Judy L. Burger for a confidential consultation. Our knowledgeable team is ready to advocate for your rights and guide you through every step of the process.

What Should I NOT Do During a Divorce?
California Divorce

What Should I NOT Do During a Divorce?

During a divorce in California, you should avoid actions that could harm your legal standing, financial future, or relationship with your children—such as hiding assets, badmouthing your spouse, violating court orders, or making impulsive decisions.

Summary:
Making the wrong moves in a divorcev can lead to bigger problems. Avoid hiding assets, speaking negatively about your spouse to your children, ignoring court rules, making major financial changes without legal advice, or rushing into new relationships. Each misstep can affect the outcome of your divorce case.

What Are the Biggest Mistakes to Avoid During Divorce?

When you’re navigating a divorce, your actions matter—often more than you think. Here are some key pitfalls to steer clear of:

  • Hiding or dissipating marital assets
  • Disobeying temporary court orders
  • Using your children as leverage
  • Making large financial changes or purchases
  • Letting emotions drive your actions
  • Posting about your divorce on social media
  • Starting a new romantic relationship too soon

Why Is Hiding Assets During Divorce a Bad Idea?

Trying to conceal income, property, or debts during divorce is not only unethical, but it’s also illegal. California law requires both spouses to fully disclose all assets and debts. If the court discovers hidden assets, you could lose credibility, face serious penalties, and jeopardize your share of marital property. Transparency is key.

What Happens If I Ignore Court Orders?

Temporary court orders—about property, custody, or support—are legally binding. Disregarding these orders can lead to fines, loss of parental rights, or even contempt of court charges. Always follow the court’s instructions and consult your attorney if you’re unsure.

Should I Talk About the Divorce to My Children?

Children are deeply affected by divorce. Avoid speaking negatively about your spouse or using your children as messengers. Negative comments can damage their emotional well-being and may be viewed unfavorably by the court when determining custody. Focus on supporting your children and keep adult issues between adults.

Can I Make Major Financial Changes During Divorce?

California’s automatic restraining orders prevent spouses from making significant financial moves—such as selling property, changing beneficiaries, or taking on new debt—without court approval. These rules are in place to keep things fair. Talk to your attorney before making any financial decisions.

Why Shouldn’t I Let Emotions Drive My Decisions?

Divorce is emotional, but acting on anger or sadness can lead to poor choices that have long-term effects. Avoid sending angry texts, making threats, or trying to “win” at all costs. Keep your focus on reasonable, long-term outcomes.

Is Posting About My Divorce on Social Media a Problem?

Yes. Anything you share online can be used as evidence in court. Rants, photos, or financial bragging can harm your case. It’s best to avoid social media posts about your divorce until your case is final.

Should I Start Dating Before the Divorce Is Final?

Jumping into a new relationship during divorce can complicate matters, especially if children are involved. The court may scrutinize your choices and how they impact your kids. It’s wise to wait until your divorce is complete before starting something new.

Why Choose The Law Offices of Judy L. Burger?

At The Law Offices of Judy L. Burger, we’ve guided countless clients through divorce in California. Our team understands the legal, financial, and emotional pitfalls that can arise. Judy Burger is a California Certified Family Law Specialist with decades of experience, and she provides practical advice, strong advocacy, and clear communication to protect your interests and your family. We focus on helping you avoid costly mistakes and achieve the best possible outcome.

FAQ

Q: Can I move out of the family home during divorce?
A: You can, but consider the impact on custody and property rights. Discuss your options with your attorney first.

Q: What if my spouse is hiding assets?
A: Inform your lawyer. We use discovery tools to uncover hidden property and ensure a fair division.

Q: Can I change my child’s school or doctor during divorce?
A: Usually, you need the other parent’s consent or a court order. Making changes without approval can harm your case.

Q: Is it okay to sell joint property before the divorce is final?
A: No. Automatic restraining orders generally prohibit selling, transferring, or disposing of assets without court permission.

Q: Do I have to communicate with my spouse during divorce?
A: Some communication is necessary, especially if you share children. Keep it civil, brief, and focused on practical matters.

Contact The Law Offices of Judy L. Burger Today

Mistakes during divorce can have lasting consequences. Get experienced guidance and powerful advocacy from The Law Offices of Judy L. Burger in California.

Contact us for a confidential consultation and let us help you protect your future.

What Should I Know About the Independent Child Custody Evaluation in CA?
California Divorce, Child Custody

What Should I Know About the Independent Child Custody Evaluation in CA?

If you’re involved in a custody dispute in California, an independent child custody evaluation is a court-ordered process where a neutral mental health professional assesses your family’s situation to recommend what custody arrangement is in your child’s best interests.

Summary: A child custody evaluation is an investigative process triggered when parents cannot agree on custody. The evaluator interviews parents, children, and sometimes others, reviews documents, and gathers information to provide a report to the court. This evaluation significantly influences the judge’s final custody decision.

What Is a Child Custody Evaluation?

A child custody evaluation is an investigation conducted by a court-appointed expert—usually a psychologist or other qualified mental health professional. The evaluator’s job is to objectively assess each parent’s ability to provide for the child’s needs and recommend a custody arrangement that serves the child’s best interests. The court uses this report as a major factor in its final custody ruling.

When Is a Child Custody Evaluation Ordered in California?

Under the California Family Code (Sections 3110-3118), California courts may order a child custody evaluation when parents cannot agree on custody and mediation has not resolved the dispute, or when there are serious concerns about the child’s welfare. Some common triggers include allegations of abuse, neglect, substance abuse, relocation, or high-conflict parenting situations.

Who Conducts a Child Custody Evaluation in CA?

Child custody evaluations in California are conducted by court-appointed or privately retained mental health professionals who meet specific guidelines and who specialize in child development and family dynamics. These professionals investigate the family’s situation to determine a parenting plan that serves the child’s best interests.

The evaluation can be carried out by the following qualified professionals:

  • Psychologists: They handle comprehensive assessments, which can include formalized psychological testing.
  • Psychiatrists: Medical doctors with specialized training in family and mental health dynamics.
  • Licensed Clinical Social Workers (LCSWs): Professionals trained to assess family systems and living environments.
  • Licensed Marriage and Family Therapists (LMFTs): Therapists with expertise in relationship dynamics and family counseling

What Happens During a Child Custody Evaluation?

The process typically includes:

  • Interviews with both parents
  • Interviews with the child (and sometimes siblings or other household members)
  • Observation of parent-child interactions
  • Review of records (school, medical, police, etc.)
  • Contact with third parties, like teachers or therapists

The evaluator gathers information to understand:

  • Each parent’s relationship with the child
  • Parenting abilities
  • The child’s needs and wishes (when age-appropriate)
  • Any risks or safety concerns

What Does the Evaluator’s Report Include?

The evaluator’s report summarizes the findings and recommends a custody arrangement. The report may address:

  • Legal custody (decision-making authority)
  • Physical custody (where the child lives)
  • Visitation schedules
  • Any safety provisions if needed

Judges give considerable weight to these recommendations, though they are not bound to follow them.

What Are Some Examples of Child Custody Evaluation Scenarios?

  1. Allegations of Parental Alienation: The evaluator investigates claims that one parent is undermining the child’s relationship with the other parent.
  2. Substance Abuse Concerns: The evaluator may order drug testing or interview treatment providers to determine if substance abuse impacts parenting ability.
  3. Relocation Requests: When a parent wants to move, the evaluator assesses how relocation would affect the child’s stability and well-being.

Why Trust The Law Offices of Judy L. Burger with Your Custody Case?

With decades of experience in California family law, The Law Offices of Judy L. Burger knows the ins and outs of custody evaluations. We help clients prepare for each step, ensure their voices are heard, and advocate vigorously for their children’s best interests. Plus, Judy Burger is a California Certified Family Law Specialist, and she can work to guide you through the evaluation while protecting your parental rights and your child’s future.

Frequently Asked Questions (FAQ)

Q: How long does a child custody evaluation take?
A: Most evaluations take several weeks to a few months, depending on the complexity of your case.

Q: Can I talk to the evaluator alone?
A: Yes, each parent will have private interviews. Be honest and cooperative, as the evaluator is seeking accurate information.

Q: What if I disagree with the evaluator’s report?
A: You may file a written objection and present your concerns in court. Your attorney can help challenge findings or request a supplemental evaluation if warranted.

Q: Do my children have to participate?
A: Usually, yes. The evaluator will speak with your children, but interviews are conducted in a child-sensitive manner.

Q: Will the evaluator’s recommendation determine the outcome?
A: The judge considers the report’s recommendations but is not required to follow them. Your attorney can present additional evidence and arguments.

Contact The Law Offices of Judy L. Burger Today

If you’re facing a child custody evaluation in California, preparation and legal guidance are crucial. The Law Offices of Judy L. Burger combines deep legal knowledge with compassionate advocacy to help you achieve the best possible outcome for your family.

Contact us today for a confidential consultation and let us protect your rights and your child’s future.

jointly owned real estate
California Divorce, Property Division, Property Division

Property Divisions with Jointly Owned Real Estate

Dividing property is one of the most challenging aspects of any divorce, but when jointly owned real estate is involved, the process can become especially complicated. In California, where property values are often high and real estate is frequently a couple’s most valuable asset, understanding how to divide jointly owned property is critical for both parties.

Working with a Certified Family Law Specialist like Judy L. Burger can help you navigate this complex process.

Jointly Owned Real Estate: Why It’s Complicated

California is a community property state, which means that most property acquired during the marriage is considered community property and must be divided equally in a divorce. Real estate—including the family home, vacation homes, or investment properties—often falls into this category.

However, several factors can make dividing jointly owned real estate particularly challenging:

  • Mixed Ownership: Sometimes, one spouse owned the property before marriage, or used separate funds for a down payment or improvements, creating a mix of separate and community property interests.
  • Market Conditions: Selling real estate can take time, and fluctuating market values can affect the timing and fairness of a sale or buyout.
  • Emotional Attachments: The family home often has significant sentimental value, making negotiations more difficult.
  • Mortgage and Debt Issues: Outstanding mortgages or liens must be addressed, and both parties may be liable for joint debts.
  • Tax Implications: Capital gains taxes or property reassessment can result from a sale or transfer of ownership.

How Jointly Owned Real Estate is Divided

Under California law, the goal is to achieve a fair, but not necessarily equal, division of community property, including jointly owned real estate. For real estate, this can be accomplished in several ways:

  1. Sell the Property and Split the Proceeds: This is often the simplest solution, but it may not be practical if the market is unfavorable or if children are still living at home.
  2. One Spouse Buys Out the Other: One party may keep the property by paying the other their share of the equity. This may require refinancing the mortgage to remove the other spouse’s name.
  3. Deferred Sale or Co-Ownership: In some cases, ex-spouses agree to continue co-owning the property for a period, often until the youngest child reaches a certain age, after which the property is sold, and proceeds are divided.
  4. Trade-Offs with Other Assets: Jointly owned real estate can be awarded to one spouse in exchange for other valuable assets, such as retirement accounts or investments.

Recommendations for Dividing Jointly Owned Real Estate

Every method has pros and cons, and what’s best for one family may not work for another.

  • Obtain a Professional Appraisal: An accurate valuation is essential for fair division. Consider hiring a neutral appraiser agreed upon by both parties.
  • Assess Mortgage and Debt Obligations: Ensure both parties understand their responsibility for any outstanding mortgages, liens, or property taxes.
  • Consider Tax Implications: Work with a tax advisor to understand potential capital gains taxes or other liabilities resulting from a sale or transfer.
  • Explore All Options: Selling isn’t the only path. Consider creative solutions, such as a deferred sale or an equity swap for other assets.
  • Work With a Certified Family Law Specialist: Dividing real estate is complex, and mistakes can be costly. Professional guidance can protect your interests and help you avoid common pitfalls.

Why Choose a Certified Family Law Specialist?

Judy L. Burger is Certified by the California State Bar, Board of Legal Specialization as a Certified Family Law Specialist. This elite recognition means she has:

  • Demonstrated extensive experience in complex family law matters
  • Passed a rigorous exam and peer review
  • Maintained a high standard of ethics and professionalism
  • Completed ongoing legal education to stay current with changing laws

For clients, this translates to:

  • Expertise in high-value and complex property divisions with jointly owned real estate
  • Strategic negotiation and skilled courtroom advocacy
  • Personalized solutions for your unique situation
  • Peace of mind during a stressful time

5 Jointly Owned Property & Divorce FAQs

1. What happens if we can’t agree on what to do with our house?
The court can order the property sold and the proceeds divided if the parties can’t reach an agreement.

2. Can my spouse force me to sell the house in a divorce?
If the property is community property, either spouse can request a sale. The court may grant it if a fair division cannot be reached otherwise.

3. What if one spouse contributed separate property to the home?
They may be entitled to reimbursement of their separate contributions, but the rest of the property’s value is likely to be split equally.

4. Do we have to split every asset 50/50?
Not every asset must be divided in kind, but the total value of community property should be divided equally.

5. Can we keep co-owning the home after divorce?
Yes, but co-ownership after divorce is complex and requires clear agreements about expenses, responsibilities, and when the property will be sold.

Take the Next Step with The Law Offices of Judy L. Burger

Property division—especially when jointly owned real estate is involved—can have long-term financial and emotional consequences. The Law Offices of Judy L. Burger can help you make informed decisions, protect your interests, and achieve a fair outcome. As a Certified Family Law Specialist, Judy L. Burger is uniquely qualified to handle even the most complex property division cases in California.

Schedule your confidential consultation today and take the first step toward a secure future.

New Spouses and Child Support Agreements
Child Support

New Spouses and Child Support Agreements

Remarriage is a new chapter in life—a time for hope, blended families, and new beginnings. However, for parents with existing child support agreements, tying the knot again raises important questions about how a new spouse might affect child support obligations. In California, the law sets clear rules on this issue, but the nuances can be confusing for both paying and receiving parents.

How Does Remarriage Affect Child Support in California?

California family law recognizes the importance of supporting children after a divorce or separation. Child support is calculated based on the income of the child’s biological or legal parents, the amount of time each parent spends with the child, and other relevant factors.

But what happens when one or both parents remarry?

The General Rule: New Spouse’s Income Is Not Included

In most cases, a new spouse’s income is not directly factored into child support calculations. California Family Code Section 4057.5 specifically states that only the income of the child’s parents is considered when determining support. This is true whether you are the paying parent (obligor) or the receiving parent (obligee).

Exceptions: When New Spouse’s Income Might Matter

While the general rule is clear, there are some exceptions:

  • Extreme Hardship or Unusual Circumstances: If a parent claims they cannot pay support due to hardship (such as a job loss or medical emergency), the court may look at the household’s overall financial situation, including the new spouse’s income, to assess the claim’s validity.
  • Attempts to Hide Income: If a parent is intentionally underemployed or hiding income and relying on a new spouse’s financial resources, the court may “impute” income to that parent and consider the new spouse’s support indirectly.
  • Modification Requests: If either parent seeks to modify an existing child support order, remarriage alone is not grounds for a change. However, a significant change in income or household circumstances—sometimes resulting from a new marriage—may justify a review.

New Children and Blended Families

Having additional children with a new spouse may also affect support. California courts can consider the needs of subsequent children if a parent seeks a modification, but the interests of children from the prior relationship remain the priority.

Recommendations for Parents Considering Remarriage

Here are some key recommendations to consider before getting married again:

  1. Review Your Child Support Order: Understand your current obligations and rights before remarrying. If your financial situation changes, consider whether a modification is appropriate.
  2. Be Transparent About Financial Changes: If your income changes after remarriage, document everything. Transparency helps avoid disputes or allegations of hiding assets.
  3. Communicate with Your Co-Parent: Changes in household composition (like a new spouse or stepchildren) can impact day-to-day life. Open communication may ease transitions for your children and co-parent.
  4. Don’t Rely on Your New Spouse’s Income: Legally, the responsibility for child support remains with the biological or legal parents. Your new spouse is not required to pay support for children from your prior relationship.
  5. Consult a Family Law Specialist: Laws and court practices can be complex. An experienced attorney can help you understand your rights, avoid pitfalls, and modify orders when necessary.

Why Choose a Certified Family Law Specialist?

Judy L. Burger is Certified by the California State Bar, Board of Legal Specialization as a Certified Family Law Specialist. This esteemed credential means she has demonstrated extensive experience, passed a challenging exam, and is highly regarded by judges and peers for her expertise in family law.

Clients benefit from:

  • Expert guidance on complex child support and remarriage issues
  • Up-to-date knowledge of California family law
  • Personalized strategies tailored to your unique family situation
  • Professional, ethical, and dedicated representation

5 Remarriage & Child Support FAQs

1. Will my new spouse’s income increase my child support payments?
No. California law generally excludes a new spouse’s income from child support calculations, with rare exceptions for extreme hardship or bad faith.

2. Can my child support order be changed just because I remarried?
No. Remarriage alone does not justify a modification. A substantial change in income or circumstances is required.

3. Do I still have to pay child support if my ex remarries?
Yes. Your obligation to support your child is independent of your former spouse’s marital status.

4. Can my new spouse be held responsible for my child support debts?
No. Only the child’s legal parents are responsible for support. Your new spouse is not liable for past or future support payments.

5. What if I have more children with my new spouse?
The court may consider your obligation to support new children if you seek a modification, but your responsibility to your existing children comes first.

Take the Next Step with The Law Offices of Judy L. Burger

Navigating child support and remarriage can be challenging, but you don’t have to go it alone. The Law Offices of Judy L. Burger offer skilled guidance and advocacy to protect your interests and your children’s well-being. As a Certified Family Law Specialist, Judy L. Burger is uniquely qualified to help you resolve complex family matters with clarity and confidence.

Schedule a confidential consultation today to discuss your situation and secure your family’s future.

Gray Divorce and Spousal Healthcare Concerns
California Divorce, Property Division

Gray Divorce and Spousal Healthcare Concerns

As the baby boomer generation ages, a growing number of couples are deciding to end their marriages later in life—a phenomenon known as “gray divorce.” In California, gray divorce presents unique legal, financial, and emotional challenges, especially when it comes to healthcare needs and coverage. For couples who have spent decades together, navigating this transition requires careful planning and expert legal guidance.

What is Gray Divorce?

Gray divorce refers to the dissolution of marriage between spouses aged 50 and older. According to national studies, the divorce rate among this demographic has doubled in the past 30 years. In California, gray divorce is increasingly common due to longer life expectancies, evolving personal goals, and changing societal norms.

Common reasons for gray divorce include:

  • Growing apart after children leave home
  • Differing retirement or lifestyle plans
  • Financial disagreements
  • Desire for independence or personal fulfillment

While divorce at any age is complex, gray divorce adds considerations such as retirement income, asset division, and, critically, healthcare.

Healthcare Concerns in Gray Divorce

Divorce later in life can cause significant healthcare concerns for both spouses. Here’s how:

1. Loss of Health Insurance Coverage

Many married individuals rely on their spouse’s employer-sponsored health insurance. After a divorce, a spouse may lose access to this coverage, potentially facing high premiums or gaps in care until they can secure new insurance.

2. Pre-existing Conditions and Age

Older adults often have pre-existing health conditions or higher healthcare needs. Finding affordable coverage can be more difficult, and Medicare eligibility may not begin until age 65—leaving a coverage gap for some.

3. Increased Medical Costs

Single individuals may face higher out-of-pocket medical expenses. Chronic conditions, prescription costs, and the need for long-term care can strain finances, especially if one spouse was previously the primary earner.

4. Long-Term Care Planning

Gray divorce can disrupt plans for long-term care, such as assisted living or nursing home arrangements. Without a spouse’s support, individuals may need to explore alternative care options or rely more heavily on adult children or paid caregivers.

Recommendations for Gray Divorcees Facing Healthcare Concerns

1. Review All Insurance Options Early

  • Explore COBRA coverage, which allows temporary continuation of employer-sponsored plans for up to 36 months after divorce (though usually at a higher cost).
  • Investigate Covered California and private insurance marketplaces for alternatives.
  • Consider whether you qualify for Medicare or Medi-Cal.

2. Plan for Out-of-Pocket Costs

  • Budget for increased medical and prescription expenses in your post-divorce financial plan.
  • If negotiating spousal support, factor in healthcare needs and likely costs.

3. Address Long-Term Care Needs

  • Consider long-term care insurance or other arrangements in your divorce settlement.
  • Discuss powers of attorney and advance healthcare directives with your attorney.

4. Update Legal and Financial Documents

  • Revise your will, trusts, and beneficiary designations as soon as possible after your divorce is finalized.

5. Work With a Family Law Specialist

  • An experienced attorney can ensure healthcare considerations are addressed in your settlement and that your interests are protected.

Why Choose a Certified Family Law Specialist?

Judy L. Burger is Certified by the California State Bar, Board of Legal Specialization as a Certified Family Law Specialist. This prestigious designation means she has demonstrated substantial experience, passed a challenging exam, and is recognized by judges and peers for her expertise in family law.

For clients, this means:

  • Expert guidance on complex financial and healthcare issues during gray divorce
  • Personalized strategies to protect your interests and well-being
  • Up-to-date knowledge of California law and how it applies to your unique situation
  • Dedicated, ethical representation from start to finish

5 Frequently Asked Questions About Gray Divorce

1. Will I lose my health insurance if I get divorced after 50?
You may lose coverage under your spouse’s plan after divorce. Options include COBRA, purchasing private insurance, or enrolling in Covered California. Plan ahead to avoid gaps.

2. How is spousal support determined in a gray divorce?
California courts consider age, health, earning capacity, and length of marriage. Healthcare needs can be a significant factor in support awards.

3. What happens to retirement assets in a gray divorce?
Retirement accounts and pensions accumulated during the marriage are typically divided as community property in California.

4. Can healthcare costs be included in a divorce settlement?
Yes. Settlements can account for ongoing or anticipated medical expenses, including the cost of health insurance and long-term care.

5. What if I need long-term care and have no spouse after divorce?
Discuss long-term care planning with your attorney. Options include long-term care insurance, government programs, or arranging for family support.

Take the First Step with The Law Offices of Judy L. Burger

A gray divorce can feel overwhelming, especially amid healthcare and financial uncertainties. The Law Offices of Judy L. Burger will help you navigate these challenges with confidence and compassion. As a Certified Family Law Specialist, Judy L. Burger is uniquely qualified to address the complexities of gray divorce in California.

Schedule a confidential consultation today to protect your health, your future, and your peace of mind.

Spring & Summer Shared Custody Tips
Child Custody, Visitation

Spring & Summer Shared Custody Tips

California’s beautiful spring and summer months bring longer days, school vacations, and an abundance of family activities — but for parents sharing custody, they can also bring unique challenges. Want some shared custody tips? Whether you’re planning a long-awaited vacation, coordinating summer sports, or navigating special events like family reunions, proactive communication and clear agreements are key to ensuring both parents and children enjoy a memorable and conflict-free season.

At The Law Offices of Judy L. Burger, we understand the complexities of shared custody. As a Certified California Family Law Specialist, Judy L. Burger offers reliable guidance to help families navigate these months with confidence.

1. Plan Ahead for Vacations and Travel

California courts encourage parents to work together when making vacation plans. For shared custody families, it’s crucial to:

  • Review Your Custody Agreement: Most custody orders include provisions for holiday and vacation schedules. Clarify how vacation time is divided and the notice required for travel.
  • Communicate Early: Give the other parent as much notice as possible about your intended travel dates, destinations, and contact information. This minimizes misunderstandings and helps avoid scheduling conflicts.
  • Document Agreements: Always put changes or additions to the schedule in writing — whether by email or a co-parenting app. This helps prevent disputes and provides a clear record.

2. Coordinate Summer Sports and Camps

Spring and summer often mean soccer leagues, swim lessons, and day camps. Consider these tips:

  • Discuss Enrollments in Advance: Each parent should have input on which activities the child participates in, especially if they occur during both parents’ custodial time.
  • Share Costs and Commitments: Decide how fees, equipment, and transportation will be handled. Open dialogue can help split responsibilities fairly.
  • Update the Calendar: Use a shared digital calendar to keep track of practices, games, and pick-up/drop-off arrangements. This reduces last-minute confusion.

3. Navigate Holidays and Special Events

Holidays like Memorial Day, the Fourth of July, or special family gatherings add another layer of complexity:

  • Revisit the Holiday Schedule: Custody orders often alternate or split holidays. Review your agreement and clarify details well in advance.
  • Be Flexible: Sometimes, family events arise that don’t fit neatly into the schedule. If possible, accommodate reasonable swap requests — and expect the same in return.
  • Prioritize the Child’s Best Interests: When disagreements arise, focus on what will make the holiday most enjoyable for your child, rather than sticking rigidly to the plan.

4. Handle School Breaks and Transitions Smoothly

Spring breaks and the transition into summer vacation can disrupt routines:

  • Clarify Break Schedules: Ensure both parents understand when school lets out and resumes. Coordinate to cover any gaps in childcare.
  • Prepare for Back-to-School: Plan together for summer reading, school supplies, and any summer assignments. This helps your child start the new year with confidence.

5. Prepare for Special Occasions and Family Reunions

Weddings, graduations, and reunions are often planned during spring and summer:

  • Share Invitations Promptly: Let the other parent know about upcoming events as soon as possible, especially if they require travel or schedule changes.
  • Work Together on Logistics: If your child will miss regular custody time for a special event, discuss how to make up the time. Cooperation ensures your child feels supported by both parents.

6. Keep the Child’s Needs Front and Center

No matter the season, your child’s best interests should guide every decision. Encourage open communication, foster positive relationships with extended family, and strive to create happy memories for your child during these special months.

Frequently Asked Questions About Shared Custody in California

Can I take my child on vacation out of state or out of the country?
Check your custody order first. Many require written consent from the other parent or a court order for out-of-state or international travel. Always provide detailed travel information and obtain necessary permissions in advance.

What if we can’t agree on a summer schedule?
Try mediation or consult your family law attorney for guidance. Courts expect parents to work together, but if a consensus can’t be reached, a judge may decide based on the child’s best interests.

How are summer sports and camp costs handled?
Unless specified in your custody order or support agreement, parents must negotiate how to share these costs. It’s best to agree in writing to avoid future disputes.

What happens if one parent doesn’t follow the agreed-upon summer schedule?
Document any violations and attempt to resolve the issue amicably. If problems persist, consult your attorney or seek court intervention. Consistency is important for your child.

Can we modify our custody order for summer or special events?
Yes. Parents can agree to temporary changes, but significant or recurring modifications should be formalized through a court order to ensure enforceability.

Why Choose The Law Offices of Judy L. Burger?

Attorney Judy L. Burger is a Certified Family Law Specialist with decades of experience helping California families with complex custody matters. Her deep understanding of California law, compassionate approach, and strong advocacy ensure your rights — and your child’s best interests — are protected. If you need help navigating spring or summer custody schedules, modifying your plan, or resolving disputes, The Law Offices of Judy L. Burger can help you achieve solutions that work for your family.

Contact The Law Offices of Judy L. Burger today to schedule a confidential consultation. Let us help you create a shared custody plan that works for every season — and every member of your family.

Should I Still Consult an Attorney with the New Divorce Option Under California’s New Joint Petition for Dissolution (SB 1427)?
California Divorce

Should I Still Consult an Attorney with the New Divorce Option Under California’s New Joint Petition for Dissolution (SB 1427)?

California has long been at the forefront of family law reform, and Senate Bill 1427 (SB 1427), A Joint Petition for Dissolution, is the latest example. This new law expands the state’s simplified divorce process, making it more accessible—especially for couples with children. But even as the process becomes more streamlined, the need for experienced legal guidance remains crucial. Here’s what you need to know—and why consulting an attorney like Judy L. Burger, a Certified Family Law Specialist, is still your smartest move.

Understanding SB 1427: The New Joint Petition for Dissolution

Previously, California’s summary dissolution was only available to couples with no children, limited assets, and short marriages. SB 1427, A Joint Petition for Dissolution, changes that by allowing more couples—including those with children—to file a joint petition for dissolution, provided they can agree on all terms of their separation.

Under this new law, both parties must be in full agreement regarding key issues. The petition must include detailed information such as:

  • The number of children born during the marriage, their ages, and dates of birth
  • Legal grounds for dissolution or separation
  • The date of separation
  • Agreements on child custody and visitation
  • Child support arrangements
  • Spousal support (if any)
  • Division of separate, community, and quasi-community property
  • Restoration of former names (if desired)
  • Allocation of attorney’s fees and costs

For more information, you can review this comprehensive article from the LA Times.

Why You Still Need an Attorney—Even with a Simplified Process

While the new process is designed to save time and money, the legal complexities of divorce remain. Here’s why consulting with an experienced family law attorney is still essential:

  1. Comprehensive Legal Protection: Even amicable divorces can have hidden pitfalls. Without proper legal guidance, you might overlook critical rights or responsibilities that could affect your future.
  2. Ensuring Fair Agreements: The law requires you and your spouse to agree on all terms, including property division, support, and custody. An attorney helps you understand what you’re entitled to and ensures your agreements are truly equitable and enforceable.
  3. Avoiding Mistakes and Delays: Inaccurate or incomplete paperwork can lead to costly delays or even rejection of your joint petition. Lawyers are skilled at navigating the legal forms and requirements.
  4. Addressing Complex Issues: Every family is unique. Issues like business ownership, retirement accounts, or special needs children add layers of complexity. Legal counsel ensures these matters are handled properly.
  5. Future-Proofing Your Divorce: Agreements made today can impact you for years to come—especially regarding custody, support, and property. A lawyer can help you anticipate future challenges and draft solutions that last.

Meet Judy L. Burger: Certified California Family Law Specialist

Judy L. Burger is not just any attorney—she is a Certified Family Law Specialist, a distinction earned by only a select few attorneys in California. With decades of experience representing clients in all aspects of family law, Judy brings:

  • Deep knowledge of California divorce law, including the nuances of SB 1427
  • Extensive courtroom and negotiation experience
  • A reputation for protecting her clients’ interests with compassion and tenacity

Having a certified specialist on your side ensures you receive the highest standard of legal representation, whether your divorce is amicable or contentious.

Frequently Asked Questions: California Divorce and SB 1427

1. Do I qualify for the new joint petition for dissolution under SB 1427?
To qualify, both spouses must be in complete agreement on all divorce terms, including child custody and financial matters. There may still be eligibility restrictions based on asset complexity or other factors. Consulting an attorney can help determine if you qualify and if this is the best option for you.

2. What happens if my spouse and I disagree on any issue?
If you cannot agree on any aspect of your divorce (such as custody or property division), you will not be eligible for the new joint petition process. Instead, you’ll need to pursue a traditional dissolution, where legal representation becomes even more critical.

3. Do we still need to go to court?
The new law is designed to reduce or eliminate court appearances for qualifying couples, but some cases may still require judicial review—especially if the agreements involve complex or unusual terms. An attorney can clarify your obligations and help you avoid unnecessary court trips.

4. Can we use one attorney for both spouses?
No. While you can work together and file jointly, each spouse has unique interests and rights. It is highly recommended that each party consult their own attorney to ensure their interests are fully protected.

5. How do child custody and support work under SB 1427?
Both parents must agree on custody and support arrangements, and these must comply with California law. The court will review these agreements to ensure they are in the best interest of the children. An attorney will ensure your agreement complies with legal standards and protects your parental rights.

The Bottom Line: Don’t Go It Alone—Consult a Specialist

SB 1427 is a positive step toward making divorce less stressful and more accessible for California families. However, the law still requires parties to address complex and deeply personal issues. The guidance of a knowledgeable attorney is invaluable in ensuring your rights are protected and your future is secure.

If you’re considering divorce, especially under the new joint petition process, don’t take chances with your future. Trust your case to The Law Offices of Judy L. Burger—where your peace of mind comes first.

Contact The Law Offices of Judy L. Burger Today

Ready to discuss your options or have questions about SB 1427? Reach out to Judy L. Burger’s team for a confidential consultation. With offices across California and a track record of exceptional results, you’ll have the expertise you need to move forward with confidence.

Learn more or schedule a consultation at judyburger.com or call today. Your next chapter starts here—with the right legal partner by your side.