From The blog

“What Documents Should I Gather For My Divorce?” The most important documents that you can gather for a dissolution of marriage generally fall into two categories: financial documents and evidence for trial. The first category includes principally statements from financial institutions and accounts. It is important that you have a statement from the month that you and your ex actually separated,...

“What Paperwork Do I Need For My Estate Plan?” Document gathering can be one of the most irritating parts of estate planning, but you can begin now and put together a file that will have everything you need at your fingertips when it comes time to make your estate planning choices and establish a trust. You will want to have copies of these documents: *Deeds to any real property you own * Title...

Estate Plans and Divorce Did you know that filing a divorce does not automatically sever or change your estate plans? A final judgment does, but not the filing of the dissolution proceeding. During the time while your divorce is pending, if you die, your property will pass either according to your will or trust (which is almost always giving your half of the community property to your soon-to-be...

“What is the difference between Mediation and Arbitration?” Mediation is a process where two sides (or more in complicated cases) meet together with a neutral third party, called the Mediator, to negotiate and try to resolve a case. The parties may agree on a resolution, but are not required to, and the mediator does not make any rulings. Arbitration is similar, with both parties appearing...

“Automatic Restraining Orders in Divorce Cases” Immediately upon the filing of a Petition for Dissolution of Marriage, automatic property restraining orders immediately come into play. If you have filed for divorce and wish for these restraining orders to be enforced, you should immediately have your ex-spouse served with the Summons which contains theses orders to put them on notice. What is...

“If I Choose To Leave The Home With My Children, Am I Risking Losing Custody?”   As a parent who is the primary caretaker of a minor child or children, it is always best to relocate the children with you to the new residence if possible to have as little disruption of their routine and lifestyle as you can. However, this is not always possible, either for financial reasons, for domestic...

“Can A California Judge Consider The Wishes Of A Minor When Determining Custody?” In California, a judge’s ability and need to consider the wishes of a child is governed by a combination of California Family Code Section 3042 and California Rule of Court 5.250. If you have a situation where you believe a minor should have input, you should read each section in its entirety, as there are a lot of...

“Can My Ex And I Agree On Child Support Outside Of Court?” If you have no current order either from a judge or from child support, you can agree to informal support. That is, if there is no court involvement at all, you are free to make your own arrangements. However, if there is any support order from the court or from the California Department of Child Support Services, you need to have an...

“What Should I Expect In Family Law Mediation?” The State of California requires that in all cases involving custody and visitation of minors (and even later modifications) the parents must attend mediation to try and resolve the matter informally. The process varies from county to county in the actual details, but there are some standard practices: Generally, attorneys are not allowed to...

The overriding principle which the court will use, by California law (Family Code Section 3040), is the “best interest” test, which give a judge broad discretion to consider evidence and set a custody, visitation, and parenting plan which is in the best interest of the minor or minors. There are specific factors which the court will consider, which are also set forth in the California family law...