Family Law Blog

What Should You Avoid in Divorce Mediation?

Divorce is rarely simple, and it can be an extremely stressful process to go through. This is especially true if you are not prepared to handle the difficulties of contentious spouses, the prohibitive costs of divorce litigation, and the complexities of property division, child support, child custody, and more. In this respect, it is important to make the right decisions regarding how you approach your divorce case, who you hire to help you achieve your goals, and how you conduct yourself during the process. How Mediation Can Help Your Case A mediator is a third party who meets with you

Read More »

What Kind of Questions Are Asked During Divorce Mediation?

During a divorce, you and your spouse must make important decisions regarding the custody of your children (if any), the separation of your finances, and the distribution of your property. These decisions may not always have an obvious solution, and sometimes they can even cause arguments to arise. Frequent disagreements can lead to a stand-off between spouses and necessitate divorce litigation, making the divorce process much more complicated, lengthy, and expensive. Fortunately, a divorce mediator can help you and your spouse make the difficult decisions that will benefit both of you. Using a divorce mediator will not only save you

Read More »

How Do You Know It’s Time for a Divorce?

Ending a marriage is a very important decision that could impact your life in several ways for years to come. Unfortunately, many people decide to divorce abruptly and later regret their rash decisions, while others endure toxic marriages for much longer than they should, potentially experiencing long-term psychological harm and persistent stress because of their circumstances. Every marriage is unique, and every couple ultimately has different reasons for divorce. However, it’s vital to know the most common causes of divorce and the most commonly cited reasons divorcing spouses give for ending their marriages. If you are unsure whether it’s time

Read More »

What Questions Should I Ask Myself Before Getting a Divorce?

Divorce can be a life-changing experience, and the outcome of any divorce is likely to influence the spouses’ lives in various ways, sometimes permanently. If you are having trouble in your marriage and have concerns about whether you and your spouse can overcome them, it is natural to wonder whether divorce may be in your future. However, it is vital to take the decision to end a marriage seriously and understand the legal process. If you are unsure whether you should file for divorce or do not see any hope of reconciliation with your spouse, it’s best to consult a

Read More »

How Do I Prepare for a Divorce Mediation?

Divorce mediation can be a less expensive path for couples who can communicate well and want to avoid going to court. Once you’ve chosen the path of working through your divorce through mediation, it will be stressful if you understand how that process works. If you’ve already worked through your particular situation and decided divorce mediation is the best course of action for you and your family’s specific situation and circumstances, it’s important to know what to expect next from that process. Though divorce mediation can be less stressful than litigation, it will not completely eliminate stress. Divorce is always

Read More »

What Is the Downside to Divorce Mediation?

Divorce is already a complicated and upsetting time, and even couples who wish for a fair parting of ways can find it difficult to settle things with just each other. Divorce mediation can offer you an alternative dispute resolution as to how to settle questions and reach an agreement between participants with help from a third party. However, there are many factors to consider regarding mediation before you decide if it’s the right path and solution that will work for your specific situation. The Process of Divorce Mediation Once participants have selected a mediator, that mediator goes through the facts

Read More »

Is Mediation Required for Divorce in California?

It is often possible for a couple to save money and mitigate stress by using mediation as a means to end their marriage. During this process, a skilled professional will meet with each spouse and provides neutral counsel as a way to help them negotiate and reach a compromise on the terms of their divorce. This is often beneficial to both parties, as it helps them reach a settlement without taking their divorce to trial. Is Mediation Mandatory for a Divorce? There are certain scenarios in which a judge must order a couple into mediation during their divorce related to

Read More »

Can a Spouse Kick You Out of the House in California?

There are certain domestic scenarios in which a spouse may wish to kick their partner out of the house. At times, doing so is the best means of preserving their own safety or that of their pets or children. In California, it is legal for one spouse to force the other to move out for a set time period. This is accomplished through a court order, but the individual must be able to provide evidence of threats of assault or assault attempts if the case is an emergency. If the situation is not dire, they must exhibit evidence of the

Read More »

How Long Do You Have to be Separated Before Divorce in California?

Each state has its own policy on when a couple can file for divorce. A couple will often try a period of separation before they decide on a divorce. In order to prevent quickly made decisions that aren’t thought through, the state of California requires a waiting period so that the final decision is made with clarity. A waiting period can be a period of separation, but it is not always the case. At Paula D. Kleinman, you can get assistance with your divorce case promptly and with care. Does California Require a Period of Separation Before Divorce? In the

Read More »

What Is a Wife Entitled to in a Divorce in California?

Navigating a divorce can be a stressful and perplexing time in your life, and determining who gets what assets and child custody can add to the stress. Knowing what you are entitled to in a divorce is vital to protecting yourself and making sure you get what you deserve. Considering the complications of California law, a wife may be entitled to a percentage, but it might be less than she deserves. A wife in California can be entitled to up to half of the assets in the marriage along with up to 40% of their partner’s income for child support,

Read More »

Can A Father Stop the Mother From Moving?

Legal issues involving child custody and visitation tend to be particularly emotional, contentious, and complicated. Determining child custody once is difficult enough for most divorcing couples, but when one parent wants to relocate with the child after the original custody order is established, the custody determination process might need to be revisited or even restarted completely. While a family law judge cannot prevent a parent with joint or sole custody from moving, the existing child custody arrangement usually dictates how many miles away they can move with their child(ren) without additional court involvement. Seeking to relocate further away requires modifying

Read More »

What Qualifies You for an Annulment?

Annulment is a process that many people have only seen on television, but it does apply to some real-life marriages and domestic partnerships. The annulment process is often misunderstood because religious practices and popular culture tend to create an inaccurate representation of how it is applied legally. There are civil annulments, which legally nullify a marriage or domestic partnership, and religious annulments. Those granted by a clergy member or church, however, do not apply in the eyes of the California family court.   What’s the Difference Between a Divorce and an Annulment? Individuals often believe that an annulment and a

Read More »

What Is a DCSS Hearing?

DCSS stands for California’s “Department of Child Support Services.” This state government agency helps families with child support issues by offering the public certain services that include the review, enforcement, and execution of child support orders. A DCSS hearing is a type of court proceeding that allows you to have your day in court. It’s not the same as a trial, but it allows you to tell your side of the story and present evidence so that an impartial judge can decide. While you may find yourself tempted to represent yourself in a DCSS hearing, it’s always best to have

Read More »

Does Child Support Automatically Stop at 18 in California?

If a court order requires you to pay child support, the payments that you owe and the length of time you are obligated to make them are determined by California state law. In almost every case, the law mandates that child support payments are automatically garnished from your wages and distributed to the custodial parent to help cover your child’s physical, medical, and educational needs. It is crucial that you understand California’s child support guidelines so you know when to expect the discontinuation of your child support order and how to prepare. Learn about child support termination below, then contact

Read More »