Family & Divorce

The Domestic Violence Prevention Act (Fam. Code, §§ 6200-6409) authorizes a court to issue a protective order enjoining a party from engaging in specified acts, including threatening or harassing the other party or disturbing the peace of the other party. “Disturbing the peace of the other party” is broadly defined as “conduct that destroys the mental or emotional calm of the other party.”In 2020, this definition was expanded to included “coercive control,” recognized as a pattern of behavior that unreasonably interferes with a person’s free will and personal liberty and includes, among other things, unreasonably isolating a victim from friends,…
In many divorces, spouses’ pensions and other retirement accounts will be among the highest-value assets they want to protect during their divorce. From IRAs and 401ks to pension plans, these accounts are often the most valuable assets to be divided in a divorce proceeding. Pensions and retirement accounts are in many ways treated similarly to other types of assets, including being split into separate property and marital or community property.  They are also subject to a number of unique considerations and requirements. As a result, if you are preparing for a divorce in North County, CA and you or your…
Any divorce can be complicated – emotionally, financially, and legally. However, when one or both spouses is a member of the military, the issues can be even more complex.  In addition to the normal issues that any couple may face in a divorce, there are often added questions of how certain military benefits will be divided. After 20 years of service, you are eligible for a defined benefit military pension. Under federal law, if you get divorced, this pension may be an asset subject to property division. Depending on the length of your marriage and whether you were married during…
With over 200 languages and dialects spoken in California, court interpreters are essential to breaking down the language barriers that inhibit many Californians from accessing our courts. According to the statewide Language Access Plan Report adopted by the Judicial Council of California in 2015, approximately 40% of Californians speak a language that isn’t English at home, and approximately 20% have English language limitations. Given this significant need, the high demand for court interpreters in California family law departments comes as no surprise. But requesting and working with court interpreters in family law proceedings can be tricky, especially if you’re not…
Parenting plans attempt to provide stability and consistency for children and their families. A well-crafted parenting plan encourages flexibility but provides certainty for circumstances when parents disagree. In 2020, a global pandemic created extraordinary challenges, and rendered many parenting plans obsolete. The pandemic closed many courts, and left the rest with very limited calendars and unable to respond to the rapid changes the pandemic produced. No parenting plan can anticipate disruptions of this scale and duration, but there are some practical lessons emerging from the pandemic 1. Especially in the first months of the pandemic, many lawyers and judges viewed…
One of the most difficult aspects of any divorce involving children is making custody decisions. As parents, you want to minimize the impact of your divorce on your children. You also want to make sure that you still get to spend as much time as possible with your kids. A potential solution is a co-parenting arrangement known as “nesting”. With this type of agreement, the kids stay in the family home — or nest — while the parents take turns moving in and out of the house. In this way, the children have less disruption in their lives after a…
One of the most contentious aspects of many family law cases is child custody — and the order to pay child support that often accompanies custody determinations. In some cases, one parent has primary physical custody of the kids, and the other parent is ordered to pay child support. But if the parents share physical custody equally, then the calculation may change. You may assume that a 50/50 custody arrangement means that you won’t have to pay child support. However, custody isn’t the only factor that goes into determining support payments. The income of each parent must be considered as…
There are some grave situations in which a concerned parent or family member may have the full right to petition a California court for an emergency hearings child custody that helps grant an order regarding custody or visitation with a troubling parent. One of the main reasons why parents will petition for an emergency child custody hearing is to get their results much faster than waiting for the next available date on a court’s typically long, convoluted docket. These types of hearings are usually only reserved for legitimate emergencies, and having the support of an experienced child custody expert like…
Couples will always break up in unique ways, but typically there will be a point in which a married couple will separate and live apart prior to completing their divorce settlement. When a separated couple lives in different states, the divorce settlement process can become somewhat more complicated. You just see the divorce spouse blog. On this page, we’re going to discuss all the details you need to understand when it comes to this type of divorce filing, and by going through this information you’ll be in a much more informed position to properly handle your divorce process. Richard
For divorcing spouses who want to end their marriage without resorting to litigation, there are a few options available. One of these options is divorce mediation. In mediation, the spouses and their respective attorneys work with a neutral third-party mediator, who, unlike a judge, does not render any binding decisions. Instead, the mediator’s role is to help the spouses come to terms amicably so that they do not have to ask a judge to set the terms of their divorce for them. While mediation is a collaborative process – and while the goal of the process is to reach a…