If you find yourself in a situation where you and your spouse cannot agree on the terms of your divorce, you may wonder if litigation is the only option. Litigation can take the emotion out of the process and resolve conflicts in your case. You should understand the factors that contribute to a contentious divorce and the role of litigation in resolving disputes. Understanding contentious divorces A contentious divorce occurs when the spouses are unable to reach an agreement on key issues such as property division, alimony and child custody. This can happen for a variety of reasons, including ..read more

Many children have a hard time dealing with parental divorce. This is especially true when parents fight over custody. In California, courts make custody and visitation decisions based on the “best interests” of the child. This legal standard puts the child’s welfare first so that custody arrangements support their physical, emotional and developmental needs. What children need Parental divorce can negatively affect children, so courts try to focus on what children need: Emotionally, children may experience stress, anxiety and confusion. They need reassurance, stability and open communication ..read more

Think Babies reported 81.8% of children live in a two-parent home. For the remaining children, there may be situations where the father had to establish paternity. Establishing paternity is an important legal step to validate the relationship between a father and his child. The state sets specific methods by which this can occur. Voluntary Declaration of Paternity One method to establish paternity is through a Voluntary Declaration of Paternity. The parents can complete this form at the hospital when the child is born or at a later time through the California Department of Child Support Servic ..read more

California follows the concept of community property when dividing assets in a divorce. According to the California Courts, community property is anything a couple obtains during the marriage. One of the most significant assets typically at the center of divorce property division is the family home. Many couples find themselves facing the question of what will happen to their cherished residence. Selling the home When divorcing spouses opt to sell the family home, they typically do so to divide any proceeds fairly. Selling the house can provide a clean break, both financially and emotionally ..read more

Dividing assets in a divorce is one of the most complex processes, but it is a necessary step to finalize a divorce agreement. The hardest asset to divide is often retirement savings. Without a prenuptial agreement saying otherwise, the court will expect you and your spouse to divide retirement savings. It can help for you to work with an experienced divorce attorney and to use a Qualified Domestic Relations Order. Qualified Domestic Relations Order explained A QDRO allows for the payment of retirement savings to your former spouse. It bypasses the legal issues that could arise if your former ..read more

A 50/50 split of community property is not guaranteed. However, you must present some compelling evidence to get a different distribution from the court. Here is what happens in the two steps that affect the distribution of your assets during divorce. A lawyer classifies your assets First, a lawyer classifies your property and debts as joint or belonging to an individual. Some assets may be both. These are commingled assets. Here are some common examples of community and separate property: Anything acquired during the marriage is community Inheritances are separate Gifts to one spouse are sepa ..read more

Children have better odds of thriving when maintaining healthy relationships with both parents. However, the animosity between spouses during and after a divorce can spill over into the parent-child bond. Parental alienation can become common, and studies find that almost a quarter of parents engages in alienating behavior for years after a divorce. Parents who want to combat this damaging practice should recognize its signs. What is parental alienation? Parental alienation is one parent’s attempt to turn a child against the other parent. Such behavior occurs without provocation or justificati ..read more

Following your divorce and the determination of child custody, the next step is for you and your co-parent to agree on a parenting plan that promotes a healthy family dynamic. This is easier said than done if you cannot arrive at a mutually-agreeable plan. You should strive to make a parenting plan that works for all parties involved. If you cannot come to an agreement with your ex-spouse, or if they insist on a parenting plan that blatantly favors one side, it may be necessary to learn how proper legal guidance can help you create a truly fair parenting plan. Learn what goes into an ideal par ..read more

The divorce process varies by state, including the residency requirements, legal separation mandates and even the waiting period for the final decree. With so much different information, it is understandable if you are wondering how long your divorce might take. In California, you can have your divorce decree in as little as six months. Is the divorce uncontested? If both parties are in agreement on the settlement, that is an uncontested divorce. The court may finalize an uncontested divorce in as little as six months after filing the petition. How long were you married? If the marriage lasted ..read more

When parents divorce, their children are usually their foremost concern. Once you and your spouse have decided to separate, one of your first steps should be creating a parenting plan. This is a critical step in helping you, your spouse and your children navigate the divorce process. 1. A parenting plan can reduce conflict A parenting plan is not simply an informal agreement between parents. It is a written document that becomes a legal order once both parents and a judge have signed it. Your plan should outline each parent’s everyday duties toward the children, such as transporting them to sc ..read more