Bay Area Family Law Blog

The effect of divorce on the educational opportunity of children

On behalf of Family Law Group, LLP posted in Divorce on Sunday, May 19, 2019.

When a couple in California decide to follow through with getting divorced, they may initially think that their decision will only affect the two of them. However, divorce often has a ripple effect in the way it impacts the people closest to the divorcing couple. Children in particular face a unique set of challenges that result from their parents' decision to separate.

One of the aspects of a person's life that is most significantly affected by divorce is undoubtedly finances. Because a couple must meticulously separate all shared financials and assets, it often leaves both of them with much less than they had before. Subsequently, statistics show that parents who get divorced often see a noticeable decrease in the income they are able to acquire. At least until enough time has passed that they are able to begin rebuilding their financial foundation.

Handling a business lawsuit during divorce

On behalf of Family Law Group, LLP posted in Divorce on Saturday, May 4, 2019.

As a business owner, you may have an array of challenges to deal with. For example, you could be dealing with seasonal challenges related to your business (such as hiring new staff members with summer approaching), but there may be other hurdles that have caught you completely off-guard. For example, your business may be in the middle of a lawsuit over one issue or another (such as a contract dispute, allegations of sexual harassment, etc.). Moreover, you may be going through issues in your personal life, such as ending your marriage, which could complicate things further.

It is imperative to prevent your divorce from having a negative impact on business litigation. By reviewing the divorce options that you have and doing everything you can to resolve problems with your former spouse and address divorce-related concerns such as a custody dispute and property division, you may be able to divert more of your attention to handling your business’ lawsuit. It can seem daunting to deal with both of these legal matters at the same time, but it is especially important to remain focused during this time and pursue a favorable outcome for your divorce and the lawsuit your business is facing.

Are you ready for your child’s school year after divorce?

On behalf of Family Law Group, LLP posted in Divorce on Friday, April 26, 2019.

Navigating your child’s school year after divorce in California can be tricky. Luckily, there are a few ways to make this transition easier. Forbes offers key insights to maintain a smooth school year in an environment of two households.

One suggestion is to actively involve your child in the planning. Ask your child to assess his or her goals for the year. Encourage your child to share the goals with both parents so everyone is on the same page. If your child is old enough, you may want to include him or her in the financial aspects of extra activities, such as tracking the expenses or helping pay for them as an opportunity to teach responsibility. When it comes to homework, you will not be able to control what happens in the other home, but you can help your child find a strategy that works for him or her and can be implemented regardless of where he or she is staying.

When does domestic violence affect custody in California?

On behalf of Family Law Group, LLP posted in Child Custody on Sunday, April 14, 2019.

If you have a domestic violence charge or conviction under your belt, you may wonder how said charge or conviction will affect your California custody case. Does the charge or conviction mean you will receive less custody of your child? Unfortunately, according to The Judicial Branch of California, the answer is likely yes.

According to the California Courts, a family judge must first decide if domestic violence is an issue with your case. If it is, the judge must abide by special rules when deciding the custody of your child. There are two instances in which a judge might treat your case as a domestic violence case. The first is if, in the last five years, a court convicted you of domestic violence against the other parent. The second is if, in the last five years, any court decided that you committed domestic violence against the other parent or a child.

Approaching divorce as a new parent

On behalf of Family Law Group, LLP posted in Divorce on Friday, March 22, 2019.

Welcoming a child into the world can be joyous, with many parents optimistic about their child’s future and what lies ahead. However, it can also be a time of uncertainty, especially when someone is in the middle of a relationship that is falling apart. For example, someone may be living apart from their spouse at the time of their child’s birth, or their marriage may fall apart shortly after their child is born. If you are a new parent, it is especially vital to approach your divorce from the appropriate angle and take relevant family law issues (such as custody and child support) into careful consideration.’

Whether you are a mother or a father, you may have a lot of questions and uncertainty as well as anxiety during this time. It is crucial to stay focused and committed to protecting your child’s future as well as your own best interests, and you should be prepared for some of the hurdles that could lie ahead.

Are you ready for divorce?

On behalf of Family Law Group, LLP posted in Divorce on Sunday, March 17, 2019.

Whether you have been married for five years or 15, you have three kids no kids, or you own significant assets or no assets as a couple, the decision to divorce is never a light one to make. Before you and your spouse decide to legally end your union, you should decide if your marriage is salvageable or if divorce is the best option. Psychology Today details six signs your California marriage is truly over.

According to the report, the inability to resolve differences without causing harm to the relationship causes couples to avoid conflict and disagreement altogether. Avoiding conflict does not make a marriage stronger. Rather, it usually results in one party bullying the other into submission, which further results in increased distance, loss of respect and gradual withdrawal from the relationship. If you and your spouse have reached this point, your marriage may be near its end.

Things you should know about spousal support in California

On behalf of Family Law Group, LLP posted in Divorce on Friday, March 1, 2019.

Divorce is an emotionally trying, stressful time that can be exacerbated by splitting assets and determining child and spousal support amounts. In California, one domestic partner or spouse may be required by the court to pay partner support or spousal support, commonly referred to as alimony. To determine partner or spousal support, there must be an open court case. This must be one of two things: a domestic violence restraining order or a legal separation, annulment or divorce.

The judge may also order that temporary support be paid as the case is settling. The amount of alimony or spousal support is based on a long list of factors. Some of them include the following:

How long the partnership or marriage lasted
What is required for partners to maintain the same quality of life they had while being married
The amount that each person can pay
Health and age of both parties
Property and debts of each party
Whether a job would make it hard for either partner to care for children

Is my ex trying to alienate my kids from me?

On behalf of Family Law Group, LLP posted in Divorce on Sunday, February 17, 2019.

Not all divorced parents get along with each other. After all, they are divorced for a reason. However, you may wonder if something is seriously wrong if your ex appears to be making attempts to keep your children from having a relationship with you. You and other California residents in the same situation may want to learn about parental alienation syndrome.

As Psychology Today explains, parental alienation syndrome defines a series of behaviors that are common when one parent tries to turn the kids against the other parent. This behavior is harmful and not normal, as you may suspect, but unfortunately, it is also not uncommon.

Petitioning for more parenting time in California

On behalf of Family Law Group, LLP posted in Child Custody on Friday, February 1, 2019.

California recognizes two types of custody: physical and legal. Physical custody is the type of custody over which most parents fight, as most parties want as much time with their little ones as possible. In an ideal situation, the courts will award each parent equal amounts of custody, but most situations are not ideal. In non-ideal situations, the courts may award one parent more time than the other. Judges are very selective in how they choose to administer custody which is why petitioning for more custody is a challenging and drawn out process.

According to California Courts, judges award custody based on what is in the best interests of the child. To determine what is best for the child, the courts will consider several factors. Those factors are as follows:

The age of the child
The emotional connection between parent and child
The child's health
Each parent's aptitude to care for the child
Any record of substance abuse or family violence
The child's connection to his or her school, home and community

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.