Going through a child custody dispute can be an emotionally challenging experience for all parties involved. The well-being of your child is of utmost importance, and it is critical to ensure their best interests are protected throughout the process. In cases like these, having a skilled and experienced attorney by your side can make a significant difference. Minyard Morris, the leading family law firm in Newport Beach, has been providing exceptional legal representation in child custody disputes for over 47 years. California Child Custody Basics In California, parenting plans determine child ..read more

Parents going through a divorce will likely have many disagreements when it comes to child custody matters. Some involve personal preferences, like which holidays are most important, while others involve clear legal matters, like how much child support is appropriate. Still others are more complicated. These can include matters of parental fitness. When is a parent fit to raise a child and when is it best to reduce a parent’s ability to see their own children? This question is common when one parent struggles with or is accused of having a problem with substance abuse. How serious is substance ..read more

The end of a marriage means more than the end of a romantic relationship. It also means the end of a financial partnership. The asset division portion of the divorce is often complex, and one of the more difficult assets to split are retirement accounts. Three specific questions that can help guide this process when starting a conversation about splitting retirement assets during divorce include the following. #1: How old were you at the time of the marriage? Those who are married later in life may take steps to protect the interests accumulated prior to the marriage. In some cases, it may be ..read more

Travel for work is common. We can take our laptops and meet clients or check on the development of a product whenever needed. Although this flexibility is good for our professional development, it can make balancing our personal lives a little more complicated. This is particularly true when our personal lives include children and divorce. Those trying to maintain this balance can benefit from a basic understanding of how the system works. When it comes to child custody determinations, the court uses the best interest of the child standard. This legal standard requires the courts to review var ..read more

The idea of a postnuptial agreement might seem strange to some couples. However, these contracts do not necessarily mean a loss of trust in the marriage. Postnuptial agreements are primarily for couples that experience changing circumstances that make a legal contract necessary. California recognizes postnuptial agreements, but there is no specific legislature guiding them. Instead, the laws for a postnuptial fall under California Contract Law. If you believe your marriage might benefit from a postnuptial agreement, continue reading for three reasons they become necessary. 1. Children outside ..read more

Child custody and visitation are broad concepts that can cover many types of arrangements. According to the California Courts, there are two classifications of child custody and several types of visitation orders. For parents who want to divorce, it is essential to have a general idea of what to expect. This is not an exhaustive guide, but the information below will provide a brief explanation of child custody in California. Child custody Child custody can refer to both legal custody and physical custody. However, they do not have to be mutually exclusive. Legal custody confers the right to ma ..read more

The date of separation makes a difference for property division in California. According to the California Courts, the date of separation determines if the property belongs to one individual or both spouses. Money or debt acquired after separation usually belongs to the individual spouse. Unfortunately, the date itself is not always so precise. Sometimes the couple can point to the date they moved out. However, many couples decide to end their marriage but still live together. This makes the actual date of separation much less obvious. Proving method California uses two tests to figure out a c ..read more

Everyone knows what a contentious, spiteful divorce looks like. Maybe you experienced one already or know someone who went through the experience. However, you do not have to go through that process. If both sides decide to break up amicably, you can have a peaceful and relatively less expensive divorce. According to the California Courts Self-Help Guide, you do not need to divide your property in court. A judge may approve your property division plan that you write with a mediator. Mediation is not for everyone. Continue reading to learn three tips to prepare for an uncontested divorce. 1. Pu ..read more

Custody arrangements can be tricky even in the best of times. Once the court decides on custody, everything may be fine until one parent decides to move. This can create significant conflict between divorced parents. What happens when you decide to move and have a court ordered custody schedule with your former spouse? Sole custody Even if you have sole custody, also known as primary physical custody of child or children, you CANNOT move away or relocate their residence under California law. IF YOU MOVE, the Orange County family law court can and likely will order you to return the children to ..read more

Spousal support is a hot topic in any Orange County divorce. Its purpose is to provide a spouse who earns significantly less to maintain a similar standard of living after divorce. Where there is sufficient, the goal of the court is to allow both parties to live at the marital standard of living. In reality, this is almost never possible in that it costs more for two people to live separated than together. Who qualifies for spousal support? Under California law, the marriage duration is not a factor relative to the amount of support. However, the longer the marriage, the longer the duration of ..read more