Estate Planning During Divorce: What Mediation Clients Need to Know
Gordon Family Law Blog
by Amanda Gordon
1M ago
When going through a divorce, there’s often a lot to juggle—emotionally, legally, and financially. One critical aspect that sometimes gets overlooked is estate planning. Even though your marriage is coming to an end, legally, you're still considered married until the divorce is finalized. This means that if something happens to you during the divorce process—such as death or incapacity—your spouse may still have legal rights to your assets or decision-making authority unless you take proactive steps. Automatic Temporary Restraining Orders (ATROs) and What They Mean Once you file for divorce, A ..read more
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What can and can't be protected by a prenup?
Gordon Family Law Blog
by Amanda Gordon
1M ago
In California, a prenup can define what is considered separate property and what is community property (marital property) during marriage, in the event of a divorce, and upon death. It can specify the choice of law that will apply if you divorce and address how funds will be used during the marriage, such as payments from community funds towards someone's separate property residence. You can also place limits on spousal support within a prenup. Additionally, a prenup can outline how assets will be distributed upon death, if you wish to change the default legal provisions.  A prenup cannot ..read more
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Early Identification of Risk Factors for Parental Abduction
Gordon Family Law Blog
by Amanda Gordon
1M ago
Parental abduction is a severe and often underappreciated crime that can cause significant psychological harm to children. Understanding the risk factors and implementing preventive measures is crucial in protecting children from being abducted by their parents. This blog post delves into the research findings on parental abduction, highlights the profiles of parents at risk, and discusses effective intervention strategies. Understanding Parental Abduction Parental abduction occurs when a parent takes, hides, or keeps a child away from the other parent who has custody or visitation rights. Thi ..read more
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The Benefits of Family Mediation: Styles, Preparation, and Tips for Success
Gordon Family Law Blog
by Amanda Gordon
2M ago
Family law disputes can be emotionally draining and financially burdensome. Mediation offers a valuable alternative to traditional litigation, allowing parties to resolve their issues collaboratively and efficiently. Whether you're an attorney preparing for mediation or an individual involved in a family law case, understanding the nuances of the mediation process can significantly impact the outcome. Choosing the right mediation style is pivotal. Here are three primary styles: 1. Facilitative Mediation Pros: Empowers parties to explore various options and have significant influence over t ..read more
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Legal Separation
Gordon Family Law Blog
by Amanda Gordon
2M ago
In California, once a legal separation is finalized, it does not automatically restore the marital status if you later decide to reconcile. The legal separation remains in effect unless formally changed. Here’s a brief overview of your options: Joint Request for Restoration: A joint Request for Order (RFO) to restore the marriage status might seem like a viable option, but there is no specific legal authority or precedent in California allowing a court to "restore" a marriage status after a legal separation in the way described. The typical legal process requires a divorce or dissolution of ..read more
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Navigating Legal Separation and Dissolution in California: What You Need to Know
Gordon Family Law Blog
by Amanda Gordon
2M ago
If you’ve recently moved to California and are considering legal separation, it’s important to understand the process and requirements. Here’s a breakdown of what you need to know about filing for legal separation and converting it to dissolution, along with the disclosure obligations involved. Starting with Legal Separation In California, a couple who has recently relocated to the state can file for legal separation immediately. This option allows you to address the terms of your separation without terminating the marriage. After six months, you have the opportunity to convert this legal sepa ..read more
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2024 updates to 4061(b)
Gordon Family Law Blog
by Amanda Gordon
4M ago
What are Child Support Add-Ons? Child support add-ons cover additional expenses beyond basic living costs, such as childcare, healthcare, and educational needs. These add-ons can be mandatory, meaning the court must order them paid, or discretionary, meaning the court can order them paid based on specific circumstances. Key Changes: Mandatory Add-Ons: These include work-related childcare costs (or necessary education for employment skills) and uninsured healthcare costs for the children. Discretionary Add-Ons: These cover costs related to the educational or other special needs of the child ..read more
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Child Support Changes in 2024
Gordon Family Law Blog
by Amanda Gordon
4M ago
The year 2024 is bringing significant changes to the child support landscape in California. These updates aim to create a fairer, more efficient system that better addresses the needs of both parents and children. Here’s a comprehensive look at the key changes that will impact child support calculations and enforcement starting this year. 1. Pass-Through of Assigned Welfare Arrears What’s New? Previously, only a portion of child support payments passed through to families on welfare. With the introduction of Family Code § 17504.2, 100% of assigned arrears will now pass through to formerly assi ..read more
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Questions about Mediation
Gordon Family Law Blog
by Amanda Gordon
4M ago
What is mediation? Mediation is a voluntary process where a neutral third party, called a mediator, helps disputing parties communicate and negotiate to reach a mutually acceptable agreement. It is often used as an alternative to going to court. How does mediation differ from going to court? In mediation, the parties have control over the outcome and work collaboratively to reach a solution, whereas in court, a judge makes the final decision. Mediation is typically less adversarial, less expensive, and faster than litigation. What types of disputes can be resolved through mediation? Mediation ..read more
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Prenup Questions Answered
Gordon Family Law Blog
by Amanda Gordon
4M ago
In simple terms, what exactly is a prenup? A prenuptial agreement, or prenup, is a legal contract that a couple enters into before getting married. It outlines how their assets and debts will be divided and specifies financial responsibilities during the marriage, such as who pays for what. A prenup can also address scenarios in the event of a divorce, including support payments from a higher earner to a lower earner. It considers life changes, such as unemployment or disability, and how these would be managed financially. Additionally, it can include provisions related to inheritances and p ..read more
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