Deciding to end your marriage is a complex decision that can raise numerous questions. Are you ready to divorce? Would it be better to live apart? What about a trial separation? Is divorce a better option than separation? How will you divide your property and share custody of your kids? Is separation preferential to divorce in California? If you are thinking about ending your marital relationship, you will want to know: Is it better to get a divorce or legal separation in California? Continue reading
What is the Role of a Guardian Ad Litem in a California Child Custody Case?
Keeping perspective during divorce can be challenging, especially when parents are fighting over child custody. Sometimes, when parents get very angry with one another, they may inadvertently say and do things that negatively impact their kids. In this situation, a California family court may determine that a Guardian ad Litem (minor’s counsel) needs to be appointed to provide the court with insight into the child’s situation. If you have a disputed California custody matter involving a Guardian ad Litem, you will want to know: What is the role of a Guardian ad Litem in a California child custody case? Continue reading
What Does the “Best Interest of the Child” Mean in a California Custody Case?
When a California court needs to make decisions regarding child custody, the judge will consider multiple aspects of the child’s life. Ultimately, what the court decides or the parties agree to must be in the child’s best interest. If you are involved in a California divorce or other child-related case, you may be wondering: What does the “Best Interest of the Child” mean in a California custody case? Continue reading
What Happens During a California Divorce Mediation?
When you think of divorce, you may imagine having to endure a dramatic trial. However, the majority of California divorce cases settle outside of court. One way of reaching a settlement is through divorce mediation. For many, mediation can be an effective way to resolve disputed divorce issues. If you have a California divorce, you may use mediation during your case. Therefore, you will want to know: What happens during a California divorce mediation? Continue reading
Key Elements to Include in Your Parenting Plan
Going through a divorce with minor children will involve you and your ex making several decisions about their future care. Ultimately, how you share decision-making and time with your kids will become part of a court-ordered parenting plan that you and your ex will be required to follow. Often parents will negotiate and develop their own plan terms rather than leaving decisions about their family up to the court. When they can’t agree, each parent can ask the court to grant their request for their preferred parenting plan terms. Therefore, it will be crucial to know which terms you need in your parenting plan as you proceed through your case. Here is more on the key elements to include in your parenting plan. Continue reading
It’s Possible to Get Temporary Orders During Your Divorce
When you file for or are served with a divorce, it can immediately impact your daily life, including your living situation. Once your case begins, you and your ex may decide that you no longer want to live together. While living apart during divorce can provide each person with the physical space they need, it can also raise certain practical issues that will need to be addressed. Having temporary orders in place while your divorce case is pending can help clarify each person’s responsibilities and minimize conflict. The good news is that it’s possible to get temporary orders during your divorce. However, temporary order issues can be just as complex as those raised during divorce. Therefore, it’s important to understand temporary orders and how they may operate during your California divorce case. Continue reading
Settling School Issues with an Ex-Spouse
Look to Your Custody Agreement to Settle School Issues
In California divorces, parents must agree on a custody and visitation agreement before finalizing their divorce. When parents cannot agree, a judge will make the decisions for them. Either way, somewhere there is a document that addresses school issues, even if only to state which parent makes educational decisions for the children. Review your parenting plan for clues. Ask yourself the following questions:- Who has physical custody of the children?
- Who has legal custody of the children?
- Is the custody sole or joint?
Understand How Custody Works
Joint legal custody means that both parents have the right and responsibility to make certain important decisions for their children. This includes education. If you and your ex-spouse have joint legal custody, you’ll need to work out the school issues together. Sole legal custody means that one parent makes all the important decisions for the kids. If you have sole legal custody, you can handle educational matters by yourself. If your spouse has sole legal custody, he or she has the right to settle school issues. However, with either type of custody, one parent can ask for court intervention if necessary.Get Help Communicating If Necessary
Your first inclination may be to ‘deny, deny, deny’ when your ex-spouse requests anything. But concerns about your children’s education should be considered carefully. In some cases, you may need help discussing school issues with your ex-spouse. Discuss the situation with your attorney. You may need to attend mediation or schedule a court hearing if you and your ex-spouse are unable to reach an agreement about your children’s education.It IS Possible to Settle School Issues with an Ex-Spouse
It may be best for everyone if you and your ex-spouse work out any school issues that you have. Just keep the best interests of the children in mind. California courts certainly will. Please call us at 415-293-8314 to discuss your case. The attorneys at the Law Offices of Judy L. Burger assist clients with divorce matters in San Francisco, Beverly Hills, Marin County, Santa Barbara, Ventura/Oxnard, San Jose, Gold River (Sacramento), and surrounding communities.5 Things You Didn’t Know About Gray Divorce
The Gray Divorce Rate Has Increased
Divorce among U.S. adults has actually decreased for younger generations. However, the divorce rate for the 50 and older set has approximately doubled since the 1990s. The divorce rate for people over age 65 has almost tripled during the same time frame.Longer Life Expectancy Is an Issue
This may be one of the most surprising facts about gray divorce. As some people reach their 50s, they take stock of their lives. If they are in reasonably good health, they may live for several decades. For some, longer life expectancy means more time with a spouse who makes them unhappy. Gray divorce can bring people the freedom they need to discover what will make them happy.Gray Divorce Is More Common the Second Time Around
In general, people who have been divorced once may be more likely to divorce again. Baby boomers were more likely to divorce than preceding generations. As baby boomers reach age 50 and beyond, their prior marital history may catch up with them, leading to a gray divorce.Retirement Plans May Be Affected
Whether the parties are retired already or still working, retirement plans often change due to the termination of their marriage. A qualified domestic relations order (QDRO) may give one spouse part of the other spouse’s retirement funds. Spousal support, if ordered, may cut into the amount of money the payer planned to save for their golden years. One or both parties may enter retirement with less money than they had planned on, including Social Security retirement benefits.Adult Children May Be Upset
Few gray divorcees have to worry about child support and visitation. However, they still need to understand the effect divorce has on children. Even adult children may feel a sense of loss and a need for reassurance from their parents. Divorce can damage relationships between adults and their parents at any age.Gray Divorce or Not, You’ll Need Help
Talk to an experienced California divorce attorney today. Please call us at (415) 293-8314 to schedule a confidential appointment with one of our attorneys. Ms. Burger is a California Certified Family Law Specialist and founder of the Law Offices of Judy L. Burger. We assist clients in California’s Northern to Central Coast, including San Francisco, Beverly Hills, Gold River, Santa Barbara, Ventura/Oxnard, and surrounding communities.I’ve Been Served with Divorce Papers. What Now?
You’ll Need to Read Carefully
The divorce papers you just received are important to your future. Take some time to review them, paying attention to the details. You may be able to figure out what your spouse wants to get from the divorce.Reflect on Your Situation
Start thinking about your marriage and especially how you would like to proceed. Would you like to try to save your marriage, or is it time to move on? If you have children, how will you help them handle the new state of affairs? However, don’t take too much time. You need to respond within 30 days from the date you were served with divorce papers.Then File a Response … or Not
Most people do something in response to being served with divorce papers. You have four basic options:- Don’t file any response. However, your spouse or domestic partner may get everything he or she wants. This is called a “true default.”
- Prepare a written, notarized agreement signed by you and your spouse. When divorcing partners agree on everything, you may be able to submit this agreement in lieu of filing a formal response. Courts may call this a “default with agreement” case.
- File a response and prepare a written agreement. This type of case is considered uncontested since you and your partner agree on all issues.
- File a response that disagrees with some or all of your spouse’s assertions and requests. This is truly a “contested” case. The court may decide any issues that remain unresolved, including property division, child custody, and spousal support.
Served with Divorce Papers? Take Action
You don’t have to go through this alone. The attorneys at the Law Offices of Judy L. Burger are experienced at all phases of legal separations and divorce proceedings. Call us at 415-293-8314 to schedule a private appointment or visit our website. We maintain offices in San Francisco, Beverly Hills, Marin County, Santa Barbara, Ventura/Oxnard, San Jose, Gold River (Sacramento), and surrounding communities.Who Gets the Intellectual Property During a Divorce?
Property Division, Generally
It’s been said a million times, but that’s because it is true: California is a community property state. This means that couples generally have equal ownership of property and debt acquired during their marriage. There are some exceptions. For example, gifts and inheritance usually remain the separate property of the spouse recipient.Types of “Intellectual Property”
By definition, intellectual property typically is a work of human intellect. In practice, intellectual property rights may attach to:- Patents,
- Copyrights,
- Industrial design rights,
- Plant varieties,
- Trademarks, and
- Trade secrets.