Divorce

Recent Posts in Divorce

  • 28-Feb-2020

    What Is Collaborative Divorce?

    An Alternative to Litigation Family law matters, such as divorces, are typically governed by state laws regarding domestic relations and matrimonial rights. When a person decides to get married, it is a legal action that results in the creation of ...
  • 22-Feb-2020

    Can You Go to Jail for Violating Divorce Orders?

    Going to court can be an intimidating experience for many people. Unless you work in the legal profession, going to court can feel like a completely alien experience. There is a definite order to how things operate in court that would seem silly in ...
  • 30-Jan-2020

    Imputing Income for Calculating Child Support

    When a married couple with children decides to get a divorce, the determination of child support is one of the issues that must be resolved. All parents have a legal responsibility to provide sufficient financial support for their children to secure ...
  • 22-Jan-2020

    Different Types of Spousal Support Explained

    Temporary Spousal Support Divorce can be a long process, taking anywhere from a few months to a few years to complete. However, during that time the parties are still legally married but living separately and apart. Not only must each spouse cover ...
  • 18-Dec-2019

    Challenging the Custody Evaluator's Recommendations

    In child custody cases, California courts decide what custody arrangement the parties must comply with upon divorce. Under California law, courts are required to make custody determinations based on the child’s best interest. Generally, ...
  • 16-Dec-2019

    Recent Data on International Parental Abductions

    What Is the Hague Abduction Convention? In 1980, countries from around the world came together to sign the Hague Convention on the Civil Aspects of International Child Abduction—also known as the Hague Abduction Convention—a multilateral ...
  • 26-Nov-2019

    Why the Date of Separation Is Crucial to Your Divorce

    The Date of Separation and Community Property In the United States, the division of marital property upon divorce is governed by two different systems, depending on the state where the divorce was filed: equitable distribution and community property. ...
  • 25-Nov-2019

    The Legal Implications of Parental Kidnapping

    What Is Parental Kidnapping? Parental kidnapping refers to situations where one parent takes and retains custody of their child in contravention to the custodial rights of the other parent. For example, if a mother is awarded primary custody of a ...
  • 22-Nov-2019

    What Assets and Liabilities Are Divisible Upon Divorce?

    Community Property in California When a couple gets divorced in California, a court will distribute their property according to principles of community property. Under California law, the parties to a divorce case will get an equal share of community ...
  • 19-Oct-2019

    Does the Passage of Time Justify Modifying Spousal Support Obligations?

    A controversial subject in family law. Different states have varied approaches and policies for awarding spousal support after divorce. For example, Texas state policy prohibits awarding alimony indefinitely. Texas courts will only award ...
  • 10-Oct-2019

    The Problem of Double Dipping in Domestic Support Cases

    What Is Double Dipping? Double-dipping refers to counting an asset once for the purpose of dividing community property and again for determining spousal support or child support. Double-dipping typically arises in cases involving an ownership ...
  • 30-Sep-2019

    Understanding Quasi-Community Property

    What Is Quasi-Community Property? If you think “quasi-community property” is one of those technical-sounding terms of legal jargon that was invented to confuse people, you wouldn’t be completely wrong. However, quasi-community has a ...
  • 23-Sep-2019

    What's the Difference Between Temporary and Final Support Orders

    Legal proceedings for divorce can take a long time, depending on the circumstances specific to the case at hand. Divorce proceedings can last anywhere between a few months to several years. During that time, it may be necessary to address urgent ...
  • 27-Aug-2019

    Dividing Small Businesses in a Divorce

    Community Property in California Dividing assets in a divorce depend on the state where your divorce was filed. California uses community property principles of dividing assets upon divorce. Property that qualifies as community will be equally ...
  • 26-Aug-2019

    Evidentiary Privileges in California

    The Privilege Against Self-Incrimination Under the Fifth Amendment to the United States constitution, an individual may not be compelled to be a witness against themselves in a criminal proceeding. California has a corresponding provision to its ...
  • 20-Aug-2019

    Tracing Commingled Funds to Determine the Community or Separate Character of Assets in Divorce

    Why Is Tracing Important for Property Division in a Divorce? When a couple gets a divorce in California, they must equally divide property between them. The division of property and assets in a divorce is governed by principles of community property ...
  • 19-Jul-2019

    How Are Loan Proceeds Divided Upon Divorce?

    Basic Community Property Principles California uses the community property system of dividing marital assets and liabilities upon divorce. When a couple gets divorced, they have an equal interest in all assets and liabilities that are considered part ...
  • 27-Jun-2019

    The Importance of Valuing Your Business in a Divorce

    Most people understand that spouses must divide their assets upon getting a divorce, including real estate, cars, money, and investment accounts. The process of distributing those assets is relatively straight forward because most marriages commonly ...
  • 25-Jun-2019

    Why Is Your Date of Separation So Important?

    While most people view marriage and divorce as primarily personal and private matters, they are important legal statuses that state governments regulate. For instance, California has laws prohibiting bigamy, marriage between close blood relatives, ...
  • 21-Jun-2019

    Health Considerations for Fathers in Family Law Cases

    The importance of personal health cannot be overemphasized. Good personal health can extend your life and give you the energy to deal with stress and the fortitude to recover from illness. As a corollary, poor health can shorten your life expectancy ...
  • 19-Jun-2019

    Tracing Assets to Community or Separate Property

    Property division is an issue in divorce cases that the parties and courts end up spending much time litigating. For many people in California, property division isn’t a significant issue because the average married couple doesn’t acquire ...
  • 21-May-2019

    Considerations for Maternal Mental Health in Family Law Cases

    Although there have been major developments in the field of psychology and mental health, mental illness and wellbeing remain largely misunderstood. Many of the stigmas associated with psychology's past still pervade the general population's ...
  • 15-May-2019

    Insurance Considerations for Divorce

    Many divorce cases involve issues that affect the former child support and spousal support obligations of the parties. Because these obligations have the potential to extend for several years after the couple gets a divorce, certain insurance ...
  • 29-Apr-2019

    Gavel for Hire: The Underground World of Private Judges

    California’s underfunded and overwhelmed public courts have been a major issue for the state’s ability to administer justice, particularly for family law matters. According to the Judicial Council of California’s 2018 Court ...
  • 22-Apr-2019

    How Are Personal Injury Damages Divided at Divorce?

    Under Section 780 of the Family Code, “money and other property received or to be received by a married person in satisfaction of a judgment for damages for personal injuries, or pursuant to an agreement for the settlement or compromise of a ...
  • 17-Apr-2019

    California's Unique Rules for Attorney's Fees in Divorce Cases

    When a couple gets a divorce in California, disagreement over critical issues can cause a simple court proceeding to drag out for years. This can cause the parties to incur significant attorney’s fees over time. Given the potential costs of ...
  • 8-Mar-2019

    Assembly Bill 2274: California's New "Pet Custody" Law

    According to a survey conducted by the American Pet Products Association, approximately 85 million families in the United States own some type of pet. California residents, in particular, take great pride in spoiling their animal companions. In fact, ...
  • 28-Feb-2019

    Understanding California's Proposed Child Support Evader Law

    A child support order is a civil judgement that dictates when and how often a parent is required to pay child support. California has very strict laws when it comes to issuing and enforcing child support orders. In fact, the court won’t even ...
  • 9-Jan-2019

    The TCJA & Your Divorce

    As of December 31, 2018, the Tax Cuts and Jobs Act (TCJA) has changed which tax benefits and exemptions are available to divorced couples. For example, some of these provisions include noteworthy changes to alimony and dependent exemption deductions. ...
  • 14-Dec-2018

    What You Still Need to Do After Your Divorce is Finalized

    Although there are no more court hearings to attend or lawyers to meet with now that your divorce has been finalized, there are several things you need to still take care of until you can start rebuilding your life. If you recently divorced your ...
  • 21-Nov-2018

    Is Your Spouse Hiding Assets During Divorce?

    Divorce can be a costly process, especially if it’s a hotly contested dispute. One of the most common issues people experience during divorce is dividing marital or community assets. Unfortunately, there are many cases where one spouse attempt ...
  • 14-Nov-2018

    What to Do If Your Ex-Spouse Withholds Visitation

    While some parents are able to successfully co-parent their children after divorce, others aren’t. There are many cases in which the custodial parent withholds visitation—without a valid reason—from the noncustodial parent. ...
  • 29-Oct-2018

    How Remarriage in California Affects Alimony & Child Support

    When couples divorce in California, the court will often order one party to pay the other alimony and/or child support payments to the other. If one of the parties remarries, does that affect spousal support and child support? When it comes to ...
  • 9-Oct-2018

    Protecting Your Business in a Divorce

    If you own a business and are in the process of getting a divorce, you might be worried about its wellbeing and what will become of it after its visit to the chopping block. Even if you started the business before you and your spouse got married, ...
  • 18-Sep-2018

    Back to School Tips for Co-Parents

    Kids are back in school and this is often a busy time for families as they try to get everything together and make sure their children have everything they need to attack the academic year. However, it can be even more hectic for parents who are ...
  • 14-Sep-2018

    How Reunification Therapy Helps with Parental Alienation

    Parental alienation syndrome (PAS) is one of the most heartbreaking effects divorce can have on a child. Typically occurring when one parent actively prevents their child from seeing their ex-spouse, PAS can cause serious rifts in the family dynamic, ...
  • 15-Aug-2018

    Protecting Your Business During Your Divorce

    If you own your own business and plan to divorce your spouse, there are a few things that you should first consider. Divorce can be complicated for business owners because it puts their company in a compromising position. From losing your business to ...
  • 20-Jun-2018

    Divorce & Children with Special Needs: What You Should Know

    Very few things are more difficult than going through a divorce and having a child with special needs. When custody determinations or modifications and other family law matters involve children with disabilities, the decisions regarding the best ...
  • 29-May-2018

    Can Online Dating Affect Your Divorce?

    Nearly everyone in the U.S. has access to the internet and uses it to video chat with friends, vent about work on social, stream movies illegally, or even find a date through any number of apps like Tinder, Bumble, and OkCupid. The options are ...
  • 25-Apr-2018

    What Can I Do If I Overpaid My Child Support?

    Sometimes, the amount of monthly child support changes over the years. So what happens if you end up paying more than you should've? Unfortunately, according to a case in New York. In Coull v. Rottman, a paying parent who takes credit for overpaying ...
  • 18-Apr-2018

    How to Talk to Your Children About Your Divorce

    In a divorce, one of the toughest conversations you will experience in your life is telling your kids about it. For children, the breakup of the family unit can be devastating. Through their perspective, it appears to be the end of their world. That ...
  • 18-Apr-2018

    What Can I Do If I Can't Afford Child Support?

    The child support system is designed to provide children with the financial support required to help them thrive and ensure they are taken care of. However, one of the most common issues that come up after a divorce judgment has been entered is that ...
  • 28-Feb-2018

    Benefits of Mediation

    A typical divorce situation involves a negotiation process that is both stressful and traumatic for all parties involved, including the children. However, if you and your spouse are able to communicate in an amicable or respectful manner throughout ...
  • 22-Feb-2018

    New Tax Law Eliminates Alimony Deduction

    Determining a reasonable alimony amount can be quite a challenge for divorcing spouses and lawyers alike. But due to the new tax law, however, it will be even tougher due to the Tax Cuts and Jobs Act. One provision scraps a 75-year-old tax deduction ...
  • 17-Jan-2018

    Understanding the Discovery Process in Your Divorce

    Total honesty and disclosure are absolutely necessary for a divorce to successfully and fairly reach a resolution. Even in a contested divorce between two spouses who can hardly stand to be in the same room as one another, sharing all relevant ...
  • 26-Dec-2017

    Using Mediation in Divorce to Overcome Frustrations & Obstacles

    Fighting your spouse for your best interests during a divorce is probably not high on your list of things you want to do. However, many divorcees cannot help but find themselves in the midst of frustrating arguments and heated conflicts as their ...
  • 22-Dec-2017

    Divorce & Mediation: When It's Right for You

    The decision to end your marriage will be a difficult one to make, but perhaps not as tricky as deciding how to end it. Divorcing through traditional methods and litigation is typical yet mediation can also be extremely useful in many situations. ...
  • 20-Nov-2017

    What Are the Risks of Online Divorce?

    Before making a big decision, it is completely normal to look at all of your options beforehand. When you consider how to handle your divorce, you may be contemplating using an online legal service. With the progression of technology, online services ...
  • 27-Sep-2017

    How Does Temporary Child Custody Work?

    In California, a couple must wait at least 6 months before a divorce is finalized. During this time, child custody may be an issue. What happens if the parents of a child cannot decide on a custody arrangement amicably? Temporary child custody may be ...
  • 13-Sep-2017

    How to Get a Restraining Order in California

    If you are a survivor of abuse or are being threatened with violence, a restraining order can help keep you and your loved ones safe. A restraining order prohibits an abuser, such as a former spouse, from contacting or even coming within a certain ...
  • 4-Sep-2017

    Finding Hidden Income in a Child Support Case

    Income plays a primary role in determining child support. In some cases, people with child support obligations will under-report income or hide it altogether to limit how much they pay. While cash stuffed under a mattress is easy to discover, the ...
  • 9-May-2017

    Getting A Divorce: Who Gets the House?

    If you are going through a divorce, you may need to decide how your marital properties and assets are divided between you and your spouse. If you are a homeowner, you may also have to decide how your home will be handled. This can be an incredibly ...
  • 17-Apr-2017

    7 Signs of Parental Alienation Syndrome

    During a divorce, lifestyle shifts can impact a child’s sense of balance and wellbeing. He or she may push away one parent or another as they struggle with trust issues. If this behavior is persistent, it is called Parental Alienation Syndrome ...
  • 12-Dec-2016

    Tips for Coping with Divorce During the Holidays

    While the holidays are traditionally a time of family get-togethers and joyful celebration, this time of year can be particularly rough for individuals who have recently divorced. In addition to magnifying feelings of loneliness, the holidays can ...
  • 26-Aug-2016

    Why Prenuptial Agreements Are Important

    If wedding bells are in your near future, you are probably both overwhelmed and excited about the changes and possibilities that will come with married life. While getting married is undoubtedly a time of celebration, it should also be a time for ...
  • 10-Aug-2016

    "Who Gets the Dog?" - How Property Is Divided in Divorce

    For many divorcing couples, the number one priority is keeping what they believe should be rightfully theirs once the marriage is officially over. The sentiment is understandable; giving a prized possession to someone you are trying to put at a ...
  • 3-Aug-2016

    Do I Need Grounds for Divorce in California?

    California, like all states, has a set of rules that determines who can marry who. But does it have laws that control who can divorce who? For years, people needed to have solid legal ground before filing for divorce. Since this started to feel a bit ...
  • 13-Jul-2016

    What Does CA Consider a Significant Change in Circumstances After Divorce?

    Every divorce should be finalized in a way that doesn’t put anyone through undue hardships. The whole idea of equitable property division and parental rights is that everyone is treated well and fairly. But sometimes what works during and ...
  • 30-Jun-2016

    Legal Separation in California FAQ

    When your marriage is no longer benefiting you and instead brings you stress and worry, it may be time to bring it to an end. If an annulment is out of the question due to legal statutes and you are not entirely committed to the idea and permanence ...
  • 25-Apr-2016

    The Importance of Preliminary Financial Disclosures

    Dividing assets, debts, and liabilities between divorcing spouses is one of the most important and contentious steps in the divorce process. In order to determine who gets what property, spouses must complete and exchange preliminary financial ...
  • 7-Apr-2016

    An Overview of Interstate Custody Arrangements

    Determining child custody in a divorce can be a contentious and complicated matter in any scenario, especially if a child’s parents live in two different states. When parents involved in a custody battle do not live in the same state, this can ...
  • 22-Feb-2016

    How Can Social Media Affect My Divorce?

    Posting on social media has become a social norm in modern America. Whenever something happens in our lives, our knee-jerk reaction is to snap a photograph and share our experience with all of our online friends. While Facebook, Instagram, Twitter, ...
  • 2-Feb-2016

    Is Your Prenuptial Agreement Valid?

    If you have been divorced before, you know how much trouble can arise in even the most amicable of endings. Property division, alimony, child custody and more can all quickly get tangled up in litigation and your word against your spouse’s. ...
  • 12-Jan-2016

    Relocation After Divorce: What You Need to Know

    It is not uncommon for a person to desire to move away to a new location after a divorce in an effort to start fresh or pursue new employment. While this is certainly understandable, problems can arise if the person is a custodial or non-custodial ...
  • 4-Jan-2016

    Benefits of an Uncontested Divorce

    The thought of the typical divorce is sure to stir up imagery of heated arguments, bitter ends to once-promising relationships, and children feeling isolated or alienated. It can certainly be a trying, harrowing time for even the strongest of ...
  • 4-Dec-2015

    What Are the Different Approaches to Divorce in CA?

    Choosing a Method that Suits Your Needs There are a variety of methods that a couple can choose when separating. The most significant choice they can make when determining the distribution of assets, debts, and child custody arrangements is whether ...
  • 2-Dec-2015

    5 Things to Consider Before Divorce

    Divorce can be as sudden as it can be confusing, but that does not have to prevent you from dealing with it on your terms. With proper preparation and some general knowledge about the process, you can really start to understand what is going on, and ...
  • 2-Nov-2015

    Property Division in Divorce

    Whether filing for a divorce was your idea or your spouse's – or maybe it was actually an amicable and mutual agreement between the two of you – you need to start thinking about property division early on in the process. Keeping assets ...
  • 8-Oct-2015

    Enforcing Child Custody and Child Support in California

    When a judge makes a decision regarding child custody, it carries the force of law. Because of this, parents must comply with the terms of the established court order or face strict legal consequences. If a parent fails to cooperate, there are ...
  • 8-Oct-2015

    What Factors Determine My Visitation Rights?

    In California, when courts come to a decision on visitation rights, or "parenting time," they base their ruling on a number of different factors. Ultimately, these decisions always align with the best interests of the child. To determine ...
  • 2-Sep-2015

    Should I Get a Collaborative Divorce?

    Unfortunately, not all married couples live happily ever after. Nearly 50% of marriages end in divorce in the United States, with many of them resulting in heated legal battles over the distribution of property and custody agreements. While divorce ...
  • 2-Sep-2015

    Should I Get an Annulment or a Divorce?

    An annulment is a court procedure that will void or "nullify" a marriage. This is much different from divorce, as it instead treats the marriage like it never existed. Many people prefer to have their marriage annulled instead of going ...
  • 26-Aug-2015

    Prenuptial vs. Postnuptial Agreements

    While getting married can be a joyous occasion filled with smiles and hope for the future, sadly nearly 50 percent of marriages in the U.S. ultimately end in divorce. If you and your spouse should ever split up, determining who gets what can be a ...
  • 1-Dec-2014

    How to Handle Divorce during the Holidays

    "Happy Holidays!" your friends proclaim. Outwardly, you're smiling, but what about on the inside? It's a different story. An impending divorce can cast a shadow on anything, but the emotional turmoil seems to be amplified during the ...
  • 20-Aug-2014

    The Divorce Process in California

    The thought of filing for divorce can be an overwhelming one, especially if you are unfamiliar with the process and aren't sure about what you're getting yourself into. At Hanson, Gorian, Bradford & Hanich, we understand the stress and ...
  • 14-Mar-2013

    Custody Disagreements: How the Court Intervenes

    If you and your spouse are not able to agree on custody arrangements regarding your children after your divorce has been filed, then things may get a little difficult for a while. This is because it is often complicated for parents that are ...
  • 7-Dec-2012

    Preparing Financially for a Divorce

    Going through a divorce is never an easy process, even if you and your spouse are choosing to separate mutually. When filing for a divorce, there are many issues that the couple must sort through, including property, asset, and debt division; spousal ...