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

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

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

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

View in PDF Property Division: California is a community property state, which means that assets acquired during the marriage are generally divided equally in a divorce. Older couples may have accumulated significant assets like retirement accounts and real estate, which will need to be divided fairly. Spousal Support: Spousal support, also known as alimony, may be a significant issue in senior divorces. The court will consider factors such as the length of the marriage, each spouse’s income and financial needs, and the standard of living during the marriage when determining spousal suppo ..read more

View in PDF In answering questions for many clients considering divorce, I found there are a number of myths that need to be dispelled. This article is an attempt to address some key divorce myths I regularly encounter: It matters if they cheated. In California, infidelity has no relevance to pursuing a divorce action. In 1971, California law was modified to allow either party to seek a divorce based upon irreconcilable differences, which can mean anything to anybody, including just drifting apart. Unless the parent’s behavior is out of control, it is highly unlikely that the court would ..read more

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

For some women, the idea of divorce might feel liberating. But for many, it’s just plain terrifying — between all the logistical questions of custody and who gets what and the actual heartbreak of it all, it’s no small decision to end a marriage. That’s why hearing from other women about how they knew it was time to get divorced can be so valuable. Read in Romper. The post 8 Women On How They Knew It Was Time To Get Divorced first appeared on Arlene D. Kock, APLC ..read more

Rising divorce rates for people over 50 are one reason why an increasing number of older Americans are living alone. As Baby Boomers age, that number is expected to grow even more, raising big questions about the country’s future. Read in CNN. The post More Baby Boomers are Living Alone. One Reason Why: “Gray Divorce” first appeared on Arlene D. Kock, APLC ..read more

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