When your child’s other parent files a motion to modify custody or visitation, it can feel like a punch to the gut. You might feel hurt because the other parent didn’t come to you first to try to resolve the matter informally, but your pain is probably stemming from your fear that you’ll lose time and contact with your child if the modification request is granted. If you want to protect your relationship with your child, then you need to be prepared to aggressively defend yourself and your parenting abilities. Defense against custody modification request To succeed on their motion to modify, t ..read more

No marriage is perfect. Each relationship has its ups and downs. For some, it is relatively easy to resolve their differences; however, for others, it can feel like a never-ending battle. And if disputes continue to bring the relationship down, discussions of divorce might arise. Divorce is final and determinative. To some, it can feel too rash or absolute. This causes some spouses in California to consider legal separation instead. Possibly, with some space, issues can be worked out. For some, this might mean repairing the relationship and avoiding divorce. However, it could mean a more amica ..read more

Divorce proceedings in California entail a legal labyrinth, especially when it comes to dividing assets and debts. Student debt, a prevalent financial burden here and throughout the country, is no exception to this legal complexity. But, is student debt divided during divorce? Pre-marital student debt Student loans acquired before marriage are typically regarded as separate property. In essence, if one spouse incurred student debt prior to marriage, they are usually responsible for that debt post-divorce. However, if community funds were used to reduce this debt during the marriage, reimbursem ..read more

A married couple’s family home, like other property, is subject to California’s community property laws. In practice, this means that in most divorce cases, each spouse will be entitled to half the equity in their home, assuming they acquired the home together. What can vary widely from case to case is how a court will actually make sure each spouse get their share of the equity. Usually, continuing joint ownership and use of the property is not the best option, although in theory that is a possibility even after divorce. Those in Manhattan Beach and the other coastal communities in Los Angele ..read more

California couples get divorced for many reasons. Some are sudden and others happen over time. Infidelity is often viewed as a reason why people decide to move on from their marriage. This can come in many forms. Increasingly, financial infidelity is leading to people parting ways. Recognizing when this might be an issue is a key part of being prepared. Survey of divorced people says debt was a major problem According to a Debt and Divorce survey consisting of 526 divorced people, researchers found that around one in three stated that financial infidelity and credit card debt were primary caus ..read more

For California parents paying child support, job loss can have a compounding effect. What you may not realize is that if you fall behind on child support, the consequences only escalate. This is why understanding the process of modifying child support orders in such situations is crucial. Understanding child support Child support in California is the monetary contribution one parent makes to the other for raising their child. Calculated using a guideline formula, factors include both parents’ income, time spent with the child, tax status, health insurance, childcare costs, the child’s special ..read more

In California family law cases, property division is often a topic for dispute. People will generally want to retain as much as possible and strive to reach what they believe is a fair resolution. What many people might forget is that debt will also be divided. This can be a sticking point as people will generally want to limit their obligations. There are key facts to remember such as what type of debt it is, who is legally obligated to pay it and if there is room for negotiation with the other party and creditors. People need to address debt during their case During a marriage, people will p ..read more

If you are going through a divorce, you may have been asked to participate in alternative dispute resolution (ADR), a term for certain an out-of-court techniques used to resolve conflicts. There are two main types that are useful to understand: mediation and arbitration. Mediation and arbitration Mediation is a voluntary process where you and your spouse will meet with a neutral third party, called a mediator, who will facilitate communication between you. You will have an initial meeting with the mediator to discuss the rules and process, then each spouse will present their concerns and goals ..read more

Any given divorce case in California while be very fact-specific in terms of how the case proceeds and, ultimately, how it is decided. No two cases are the same. However, the same legal issues are present in many divorce cases: child custody, child support, alimony and property and debt division. There are also divorce trends that are common across America. One trend, in particular, was the subject of a recent news article and shows that a certain group of people in America are divorcing at a higher rate than others. Older divorce According to the recent article, older Americans – those who we ..read more

Among all of the possible legal issues that might come up in a divorce case in California, child support oftentimes has a way of stirring up the most contentious feelings between the soon-to-be ex-spouses. That might be true even if they have already reached an agreement on child custody. In a way, sometimes the paying parent views child support as an additional financial penalty that occurs because of the divorce. They think, “of course I’m going to continue to support my child – why should I pay money to my ex-spouse?” Child support in a divorce In many cases, the perception of how child sup ..read more