Bay Area Family Law Blog

How should you come prepared to a child custody hearing?

On behalf of Family Law Group, LLP posted in Child Custody on Friday, January 11, 2019.

If you and your spouse have had children together and decide to get a divorce in California, you will need to make some agreements about how your children will be cared for. Some of the angles you will need to explore include the best interests of your children, the location of where you and your soon-to-be-ex will be living, and the current relationships your children have with both you and your spouse.

Regardless of whether or not you and your spouse are pursuing a joint custody agreement or you are vying for sole custody, the better prepared you are when you arrive at a child custody hearing, the more confidently you may be able to present your desires and negotiate your terms without giving up too much of what you wish for your children.

Does couples therapy work?

On behalf of Family Law Group, LLP posted in Divorce on Monday, January 7, 2019.

If you and your spouse bicker constantly, find more faults with one another than attributes and are very seriously considering divorce, you may be tempted to give your marriage one last shot and enroll in couples therapy. However, before you invest anymore time and resources into what you both perceive to be a failing marriage, you may want to know if couples therapy in California is effective, and if it is, how effective?

According to Psychology Today, couples counseling, or Emotionally-Focused Therapy, is roughly 75 percent effective. The success rate is based on over 25 years of research done by the American Psychological Association. Outcome studies do not just include couples with minor issues, but those with major stress factors as well, such as military couples, parents of chronically ill children, veterans with PTSD and infertile couples. The results are positive and consistent across a variety of cultural groups.

Can you get child support while your divorce is pending?

On behalf of Family Law Group, LLP posted in Child Support on Monday, January 7, 2019.

If you pay attention to the news or if you have heard a horror story or two, you know that divorces can take years to finalize. However, just because the legal process works slowly does not mean that your bills halt or that your child stops costing you money. While your California divorce is pending, your child will still need healthcare. He or she will still need new clothes for school, food to fill his or her belly and money for sports, field trips and after-school activities. You may worry about how you will pay for those expenses, especially if the other parent is unwilling to contribute. Fortunately, most states, California included, allow for temporary orders.

According to FindLaw, temporary orders are those that a family court hands down when a couple decides to separate, or even before a couple files separation paperwork. Because temporary orders are just that – temporary – hearings regarding them are relatively informal. They are also shorter. Because of this, you should know precisely what you want before you enter the hearing, as the judge is unlikely to give you ample time to explain what you want during the meeting.

How will divorce affect your taxes?

On behalf of Family Law Group, LLP posted in Divorce on Tuesday, December 18, 2018.

There are many things to think about when you get a divorce in California. While you may focus a lot on child custody and support payments, there are other things that could fall through the cracks. This does not mean they are not as important, though. One such thing is the tax consequences of getting a divorce. If you understand how a divorce affects your tax situation before your divorce is final, then you can make sure your settlement helps to offset those tax burdens.

One of the first ways divorce impacts your taxes, according to TaxAct, is who claims the children. Being able to claim your children gives you tax credits and lowers your tax liability. If you cannot claim the children, you may end up paying much more than usual. Typically, parenting plans outline who claims the children. A common plan is alternating the years you can claim them with one of you claiming this year, the other the next year and so on.

What is paternity fraud?

On behalf of Family Law Group, LLP posted in Child Custody on Tuesday, December 4, 2018.

When a mother names you the father of her child in California, you should do everything possible to verify it is the truth. Being the legal father of a child means you become responsible for that child. This includes financial support. If you find out later that you are not really the father, you have little recourse. Sometimes, a mother will name someone even though she is not sure he is the father. According to Very Well Family, this is paternity fraud.

Most of the time, the mother knows you are not the father, but for whatever reason, she wants you to be. You may sign a legal paper stating you are the father. If you do that, there is not a requirement to have a DNA test. You may never take a test to scientifically prove paternity if you admit you are the father.

Staying focused on the kids when getting divorced

On behalf of Family Law Group, LLP posted in Child Support on Wednesday, November 7, 2018.

There are many worries Californians may have when getting divorced. When they are parents, this generally includes major concerns about how the divorce will impact their kids. It is important for parents to remember that there are many things they can do to protect their kids in relation to a divorce.

One is staying focused on their kids’ well-being when navigating divorce issues involving the children. One major such issue is child custody. Keeping the child’s best interest as the main focus point is critical when going through custody negotiations and proceedings. Skilled California divorce attorneys can help parents in the state with pursuing child custody solutions well-tailored to their children’s needs and well-being.

Sign of the times: How you know you're ready for a divorce

On behalf of Family Law Group, LLP posted in Divorce on Monday, October 29, 2018.

How do you know if you're really ready for a divorce or not? After all, it's a single decision that will turn your entire world upside down -- so you want to be sure before you decide that you're really done with your marriage.

Sometimes, the signs you're ready for a divorce aren't obvious -- even when they're right in front of you. To help yourself really focus your feelings and find some clarity, however, ask yourself the following questions:

Facts about domestic violence and child custody you should know

On behalf of Family Law Group, LLP posted in Child Custody on Thursday, October 18, 2018.

Domestic violence is about power and control. The children of domestic violence victims are often caught in the middle.

That makes it important to understand the links between domestic violence and child custody. Following are some crucial ones:

What should you know about child support in California?

On behalf of Family Law Group, LLP posted in Child Support on Wednesday, September 19, 2018.

Child support is one of the most complex issues in any divorce -- and one of the most agonizing financial concerns. If you have primary custody of the kids, you're naturally concerned about making sure that they have everything they need. If you don't have primary custody, you're caught between wanting your children to have what they need and making sure that you have enough money to survive as well.

So, it's natural to have questions. Here are some of the most important things you should know about child support in California.

Consider the benefits of a bifurcated divorce

On behalf of Family Law Group, LLP posted in Divorce on Wednesday, September 5, 2018.

Do you worry that your divorce will end up dragging along because you and your spouse can't agree on a specific issue that's related, like child support?

If you live in California, you may be able to separate the issue that's holding things up from the issue of your final divorce papers. That process, called a bifurcation, can allow couples to end their marriage even though they haven't quite worked out all the details.