Legal News

Child and Spousal Support
Divorce can never be easy on a man or woman, but it is even harder for children to deal with. Many people have children, and child support arrangements must be made based on the father's and mother's income. Child custody and any spousal support are also determined during the divorce proceedings.

Disclosures
If you have ever told your children that you did not want to hear who was at fault every time they got into a fight, but that you wanted them to behave and play fair, then you would understand a large portion of how Family Law works in California.

Domestic Violence
Your divorce attorney can only help you with the issues that he/she actually knows about. That is why you should tell your attorney what has been going on that led up to your decision to file for a divorce. Some things might not matter as much as you think, like the name of your spouse’s new mistress/boy toy, but other things could be relevant to all kinds of legal issues in your case.

Presumtions Matter
There are a lot of presumptions in the law, and litigating the property in your divorce can be like a game of Rock, Paper, Scissors.  Scissors do not cut Rock and Paper will not smother Scissors.  You need to apply the right presumptions in your divorce if you want to get a fair result.  Raising the proper presumptions is why you should get the help of a good divorce attorney.

Age 14
The California Legislature has made edits to the Family Code that might actually answer a child custody question California divorce attorney's get asked repeatedly: will the Court hear that my son/daughter/children want to be with me and not the other parent?

Whose Fault is It?
One of the most common topics for discussion is why you and your soon to be ex are splitting. Like the irresistible urge you felt long ago to worry a loose tooth when losing your baby teeth, the urge to explain that it is your ex, and not you, who really caused the divorce, is common.

Child Custody and Termination of Parental Rights
In a recent case, the court of appeal held that a trial court properly terminated a father’s parental rights so that his children could be adopted by their stepfather. When sufficient evidence is established, under Family Code Section 7822, the father had left his children for one year with the intent to abandon them during that time.

Advance Planning Can Reduce Your Costs
Potential divorce litigants can sometimes realize that they will benefit from talking to a good divorce attorney before filing a Petition for Dissolution or Legal Separation. Advance planning is regularly beneficial to numerous endeavors, and divorce is no exception.

Excessive Tactics That Did Not Work In A Child Custody Case
Loving parents faced with a dispute over child custody have occasionally used tactics that the Courts did not favor.  While it is impossible to describe all the things that should be avoided when seeking to secure time with your child(ren), a few examples of what not to do may be helpful.  A good divorce attorney will counsel their clients that they should focus every argument and tactic on the best interest of the child(ren).

Three Common Mistakes Made By Loving Parents
Probably the most contentious aspect of Family Law and Divorce is when the   parties just do not agree on how to split up their children.  You cannot replace a day with your son or daughter with a check.  There is no yardstick, scale, or accounting chart to quantify or qualify the value of time with someone you love.  Unfortunately, these immeasurable issues often lead to absolute positions taken by the parties.