Picture of woman taking wedding band off

In the past, spouses who wished to divorce in California needed to prove fault to receive a divorce. Some of the California grounds for divorce included adultery, abandonment and substance abuse. Fortunately, times have changed. Divorcing couples no longer have to prove fault to get divorced. If you are considering a divorce in California, it is important to know the grounds for divorce. California grounds for divorce are straightforward. You can get a divorce on the grounds that the marriage is irrevocably broken. Simply wishing to divorce is enough. Is California a No-Fault Divorce State? California is a no-fault divorce … Read More

Picture of spousal support sign

Divorce proceedings are always difficult, particularly when it comes to finances. Will one spouse get spousal support in California? How much spousal support should be awarded? And how is that determination made? Below, we discuss five factors a judge considers when granting spousal support in divorce proceedings. Keep in mind that the court looks at many factors when determining spousal support. Our San Jose divorce attorney can help you understand California spousal support laws. Reason #1: Existing Needs and Standard of Living During the financial part of divorce proceedings, the court will look at many factors. These factors include the … Read More

Picture of girl on video call with family

Going through a divorce and subsequent child custody battle is difficult enough. Long distance co-parenting can feel even harder. But it doesn’t have to be that way. Here are a few tips to help you navigate long distance co-parenting with relative ease: Tip: Create a Detailed Schedule The first step you can take toward organized, long distance co-parenting is to create a detailed schedule. Understand that you might not always be able to attend your child’s soccer game or piano recital, but you will be able to share the important moments. Initially, you will want to create a solid schedule … Read More

Picture of domestic violence victim

You may want to file a restraining order if you are the victim of physical, verbal or mental abuse. There are different types of California restraining orders. Your options for filing a California restraining order can depend on your relationship with the abuser. If the abuser is your spouse, significant other or a close family member, filing a domestic violence restraining order (DVRO) may be your best option. A California restraining order could help you in many ways. A restraining order could include the following orders: Stay-Away Orders The court can order your abuser to keep a certain distance. This … Read More

Picture of calculator and pen on paper

Under the California Family Code, California outlines child support guidelines for court-ordered child support. The amount of child support is based on a complex mathematic formula that takes into account both parents’ net disposable income after a variety of deductions. In addition, the calculation also takes into account the amount of time each parent spends with his or her child. The California Department of Child Support Services offers an online calculator to estimate the amount of child support that could be ordered in a person’s case. Their online calculator is based on California’s child support guidelines. Are There Exceptions to … Read More

Picture of cat between two people

California pet parents rejoice! Governor Brown signed Assembly Bill 2274 (AB 2274), which will amend California’s Family Code in concern to how family pets are treated in court during a divorce or separation. Currently, when a couple legally divorces or separates, our furry friends are not given too much consideration. They are treated as community property meant to be divided equally, but pet parents everywhere know that their pets are not the same as their coin collection or dining room table. Usually, whoever is on their pets’ adoption certificates or sales receipts is granted ownership. However, under AB 2274, pets … Read More

Mom and son - parenting plan holidays

If this is your first Thanksgiving since your divorce, you are probably wondering how to create a fair parenting plan. Your children may want to spend time with both sides of the family. Given that this is the beginning of the holiday season, you could make sure that you are creating a plan that is fair and takes the best interest of the children into consideration. Common Ways that Families Divide and Share Parenting Time Alternate holidays on odd and even years. For example, one parent might have the children for Thanksgiving on odd years and Christmas on even years, … Read More

Man hugging daughter

When determining visitation in California, there are countless factors and circumstances that need to be considered. Visitation, which is different than custody, can be contentious. It is agreed upon and outlined how each parent will spend time with the children. Depending on the circumstances, the courts will first consider what is in the best interests of the child or children, and often, the child’s preferences. Ironing out the details and wishes of the those involved should be considered. These are not limited to: The child’s age The gender of the parents Siblings and ages How the child handles decision making … Read More

Words Retire On Dollar Bills

When couples enter a divorce, the thought of needing to give up retirement savings in order to pay for the divorce can be terrifying. Neither spouse wants to rebuild their retirement assets after a divorce, and the process of doing so can be complicated because qualified retirement plans have certain restrictions. For example, you can lose hundreds of thousands of dollars from your 401(k) during a divorce, but you can only invest around $18,000 a year. Or $24,000 if you are over 50. Fortunately, there are ways that you can recover retirement plans after a divorce. What Can I Do … Read More

PIcture Of Family problem, issues concept. Father leaving his child and wife. Divorce, separation.

A restraining order prohibits an individual from taking any specific actions against you. There are two types of restraining orders that are common in divorce proceedings. These are automatic restraining orders and domestic violence restraining orders. If you are in the middle of your divorce and you are interested in filing a restraining order against your ex-spouse, you should understand the differences between these two restraining orders that you can choose from. What Is an Automatic Restraining Order? Automatic restraining orders in California automatically restrain an ex-spouse from taking specified action after they file for divorce. These types of restraining … Read More

Next Page