Civility: The Key to Successfully Navigating a Divorce
Arlene D. Kock Blog
by Arlene D. Kock
1M ago
View in PDF Civility is the act of showing regard for others by being polite, even to the extent of speaking kindly to someone who has hurt your feelings. The word civility comes from the Latin civilis, meaning “relating to public life, befitting a citizen,” or in other words, being gracious even in difficult and painful situations. Some individuals embroiled in a divorce might say, “I am at the worst point in a marriage…and I’m expected to be civil with the other side? How can anyone possibly expect that of me?” During more than 40 years of experience representing litigants in thousands ..read more
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How to Avoid Conflict — Back to School 2024… The Right Way
Arlene D. Kock Blog
by Arlene D. Kock
2M ago
View in PDF Divorced parents can avoid conflict by planning ahead for back-to-school and special events, vacations, birthdays and other activities. Such planning is important for parents and children alike because it creates an atmosphere of certainty and is reassuring to everyone. Be sure to pin down the dates and hours of pickup and drop-off with a reasonable grace period if commute corridors are busy during the designated exchange times. Keep the other parent in the loop: Even if you are the primary custodial parent, share information with the lesser time-share parent. Information on ..read more
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Starting a Divorce in 2024
Arlene D. Kock Blog
by Arlene D. Kock
3M ago
View in PDF Litigants who wish to terminate a marriage in California must serve paperwork, called a petition and summons, on their spouse. The paperwork must be filed with the court before it is served. The party serving the documents is called the petitioner, while the party receiving the filings is referred to as the respondent. A filing fee must be paid unless the petitioner qualifies for a waiver of the charge. If the petitioner and respondent have children, then a declaration must be made, pursuant to the Uniform Child Custody Act, and filed and served as well. Therefore, the basic ..read more
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Gender Affirmation and Child Custody
Arlene D. Kock Blog
by Arlene D. Kock
4M ago
View in PDF The topic of gender affirmation of minor children has been one that family law courts will be contending with for years to come. This is a very complicated and sensitive area of the law that is still in an evolutionary process, as is the psychological and medical science associated with gender-affirming care. Last year, the California Legislature passed Assembly Bill 957, requiring parents to support a child’s gender expression, or the parent could possibly lose custody or visitation with that child. Gov. Gavin Newsom vetoed AB 957, which lawmakers passed earlier in September ..read more
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Petition for Custody of Minor Children
Arlene D. Kock Blog
by Arlene D. Kock
5M ago
View in PDF In California, a petition for custody of minor children is a legal document that is filed with the court by a parent or legal guardian who is seeking custody of a child or children. The petition is typically filed in the family law court in the county where the child or children reside. This petition is distinctly different than pursuing a dissolution of a domestic partnership or a marriage. It is designed only to deal with custody and support of minor children and no other issues, including property, division, personal protective orders, or spousal support. This custody peti ..read more
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Preparing For Divorce
Arlene D. Kock Blog
by Arlene D. Kock
6M ago
View in PDF There comes a time when it becomes clear that the next step is away from the marriage. For many, this is a very difficult and uncertain step to take. Trying to get a clear understanding of what to do with property, parenting, and financial issues may seem onerous. Trying to make those decisions when emotions run high between the parties or when a spouse is feeling tremendous sorrow and depression over the relationship loss only further complicates decision-making. Taking action on getting help is the first step. Emotional self-care is part of that in order to handle the legal ..read more
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Are you somehow prejudiced if you appear remotely in court?
Arlene D. Kock Blog
by Arlene D. Kock
10M ago
Our California Supreme Court Chief Justice opined almost 15 years ago how important it is particularly for family law litigants to have easy access to the courts. Unexpectedly, we were faced with the challenge of a devastating pandemic that completely revolutionized how our court processes functions. From challenges come opportunities. The 21st-century has arrived. There’s no reason to have to charge our clients $1000 or more for a morning court appearance merely because we are tied up for the entire morning with their case waiting around in court to be called. That approach is clearly not the ..read more
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Knowing When it’s Time to Divorce
Arlene D. Kock Blog
by Arlene D. Kock
10M ago
View in PDF As we enter a new year, reevaluations of the status of our lives become prominent. People tend to reassess career goals, finances and relationships from the viewpoint of their health and sustainability. In some instances, that evaluation process might reveal a shattered relationship and the time to face the reality of determining whether or not continuing with a partnership or marriage is the healthiest of options. No matter what the choice is, the choice is very difficult. It’s always best to talk with your spouse about the need to reevaluate the relationship and seek profes ..read more
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Family Life Post Divorce
Arlene D. Kock Blog
by Arlene D. Kock
1y ago
View in PDF Family life post-divorce is not without its challenges, and a pertinent issue during the holiday season is the custody arrangement. When Christmas, Thanksgiving, birthdays, or school vacations are approaching, parents may need to discuss and agree on specific and clear visitation schedules. Many parents find that it helps to alternate Christmas and school break vacations; for example, the child stays with one parent on even-numbered years, and with the other parent on odd-numbered years. This arrangement may also be suitable for other holidays, such as Thanksgiving. On birthd ..read more
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Gay Parent Child Custody Lawyer
Arlene D. Kock Blog
by Arlene D. Kock
1y ago
In California, custody disputes involving gay parents are typically handled based on the best interests of the child. The court considers various factors, such as the child’s health, safety, and well-being. The sexual orientation of the parents itself is not a determining factor. California law prohibits discrimination based on sexual orientation, so the court should not favor or disfavor parents solely based on their sexual orientation. Courts may consider factors like the stability of each parent’s home, the ability to provide a supportive environment, and the child’s relationship with each ..read more
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