The law protects the interests of children in many ways, and one way is by setting standards for child custody arrangements. The standard in California is that the custody arrangement must be in the best interests of the child. This standard applies when: Parents agree to custody arrangements, and the court reviews the proposal to ensure it is in the…
Part of a divorce is dividing all marital property and assets between the spouses. The first step is to inventory all your property and assets, so you and your attorney have an overview of what must be divided. Sometimes, a spouse will attempt to conceal certain assets to avoid having to divide them, and this can lead to serious issues…
Child custody in California is divided into two categories: legal and physical custody. Physical custody refers to where a child will live, but what does legal custody mean? Put simply, legal custody is a parent’s right to make important decisions about their child’s well-being. This does not refer to everyday decisions like what to have for lunch. Instead, it involves…
Dividing your property in a California divorce can be complicated even if you have relatively straightforward property and assets. As a community property state, the law requires spouses to divide all their shared community property as evenly as possible. But what happens when one spouse owns a business? Can that spouse keep the business, or will they have to divide…
Can Your Child Choose Where They Live? When you are facing a custody determination, your child might have opinions about where they want to live. Will the court listen to your child? How much does their opinion matter? The answer is that it depends on the situation. First, the court will always listen to the opinion of a 14-year-old child…
Some people go through phases where they fight with their spouses and want to end their marriages, so they might file for divorce. Once the divorce is in progress, they might wonder if they are making the right decision. Perhaps you and your spouse are getting along better. Maybe you went to therapy and decided to work things out. Whatever…
In a nutshell, yes, a custodial parent might be able to move with a child. There are some important requirements and limitations, however, as well as many things to consider. For example, the situation becomes more complicated if you are moving far away or if the other parent opposes the move. Communicating with Your Ex If you and your ex…
In the big picture, no, it does not matter who files divorce first. However, if you take a deeper look, you’ll find that there are some advantages to being the one who starts the process. First, you can set out what you would like in the divorce petition, and your spouse would file a response including what they want (if…
While Alaska, Hawaii, Illinois, Maine, Minnesota, New Jersey, New York, North Dakota, Ohio, Oregon, and Virginia have no divorce waiting period at all, all other states do require that couples wait a certain amount of time before their divorces can be finalized, and this is certainly the case for divorces in California. Why Do States Have Divorce Waiting Periods? With…
Yes, you can modify a California child custody agreement if circumstances dictate it. Even if both parents agree to the adjustment, a judge still needs to sign off on it to make it official. As the years pass, original custody agreements don’t always fit anymore, and a modification might be necessary. When Can You Modify a Child Custody Agreement in…