Divorce and Pets — Who gets Fido?
In a divorce or domestic partnership dissolution, if the parties cannot come to agreement themselves on who gets ownership of a pet animal, the judge will now determine who gets custody – and they can...
Kids & Pets
Get the tools you need to understand legal and physical custody (of kids and pets), develop an effective parenting plan, understand child support and add-ons (like childcare and medical expenses) and prepare for child custody mediation.
We are all amateurs at parenting which is a good reminder that nothing we do is going to be perfect (especially when there’s so many needs and interests that have to be balanced). Kids are resilient and we’ve seen loads of them survive (and thrive) post-divorce.
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Tips for Court Ordered Child Custody Mediation
What is child custody mediation? If you and your former partner are unable to agree on child custody and/or visitation issues, you both will be required to participate in mandatory child custody mediation. The objective...
10 Tips for the Self Represented in Family Court
For the uninitiated, the idea of representing yourself in family court seems outrageous. Why wouldn’t you hire a professional? Well, there are a number of reasons self-representation might be right for your subjective situation. Whether...
What is a Legal Coach and should I get one?
Depending on the complexity of your case and your financial circumstances, a legal coach (aka consulting lawyer) may be a great way to obtain assistance with your Divorce or other Family Law Matter. Should clients...
How will my bonus income affect child or spousal support?
Many employers give an annual or quarterly bonus to their employees when certain company or individual goals are met. A common theme throughout our practice are questions like will I have to pay support based...
Can a Special Master help in my child custody matter?
WHAT IS A SPECIAL MASTER? Special masters are often used in divorce and paternity actions when parents are having serious child custody issues related to custodial exchange disputes, visitation schedule changes, transportation disputes, religious training,...
Recommended Books for Contested Child Custody Issues
You’ve separated from your child’s other parent. Life is tough, and litigation is messy. You are looking for good resources anywhere you can find it. • Do try a support group. • Do consult a...
Child Custody Recommending Counseling and Mediation: What’s the Difference?
In a case involving children where the parties have not agreed on a parenting plan, the Family Law Court mandates that parents “mediate” prior to a hearing on the matter. Mediators have experience in counseling...
Parenting Resource for Divorcing Parents
I stumbled upon the “Parenting Plan Handbook” today from the San Diego Superior Court. I strongly encourage separating parents to take a look, particularly parents with small children. It’s very introductory and would not be...
Is a donor agreement enough to protect my same-sex partner from a challenge to her parental rights?
Is a donor agreement enough to protect your same sex partner from a challenge of parental right? Usually not. In California, maybe. In short, we recommend a second parent adoption or a ‘Paternity’ action to...
My kid is 18 years old, why am I still paying child support?
You’ve been paying child support for years and years. You’re child has now turned 18 and you run down to the courthouse to request a termination of support — only to find it’s not as...
Will child support change when I get remarried?
While we find that many of California’s family laws are common sensical, this issue is not. Unfortunately, the legal answer often ends up causing one parent serious frustration and a feeling of injustice. For purposes...
10 Facts You Should Know About CA Child Support Modification
California child support modifications got your head all turned around? Need help wading through the intricacies to come out the other side prepared and comfortable with everything you need to know about divorce and child...
Counting the Dollars and Cents: Keys to Child Support Add-Ons
If you are a single parent, you are probably familiar with the concept of child support. Child support is calculated using statewide guidelines, and while the court has discretion to deviate from the guideline calculation,...
Vacation Planning With Your Ex Driving You Crazy? Co Parenting Tips That Get The Job Done
Scheduling vacations, holidays and special days are time-consuming and exhausting. Who’s hosting Thanksgiving? Do you need to make travel arrangements? Do you really have to invite that pesky Uncle who falls asleep during dinner? Do...
Are Three Parents a Crowd? Understanding California’s 3rd Parent Law
Most children have two parents, a mother and a father, two moms or two dads. But what about a child that has three (or more!) parents? A three – or more – parent family might...
Nesting: It’s Not Just for Birds
What is nesting? “Nesting” is a non-traditional custody arrangement where the children stay in the family home and the parents trade off living in the house with the children, much like birds taking turns in...
You, Your Spouse, and…. (3rd Parties Joined to Divorce Actions)
Most people are aware that in Divorce or Domestic Partnership Dissolution, certain employee benefit plans can be joined to the action to ensure that retirement accounts are divided prior to the completion of the case....
Will Spousal Support Increase When Child Support Terminates?
Child support ordinarily terminates when a child turns 18 years old unless the child remains a full time high student, in which case, support continues until the child graduates or turns 19 (whichever comes first)....
Divorce Court 101
Most people who end up in a family law courtroom have never been to court before. Perhaps they’ve served on a jury or appeared for a traffic infraction – but rarely has a divorce litigant...
How Social Media Can Undermine your Divorce Action
More than ever, litigants and lawyers are using social media to collect information that they can use as ‘evidence’ in a Family Law Case. Facebook, LinkedIn, Twitter, Instagram and various dating websites are all popular...
How Can I Enforce a Court Order?
If your spouse isn’t complying with visitation schedules and child support rulings, you might just be pulling your hair out in desperate need of some stability, wondering where to go next. First, try speaking to...
What’s the Difference between “Legal” and “Physical” Custody?
Legal custody is the right to make the major decisions concerning a child’s health, welfare and education, like where a child goes to school, and whether a child should receive medical care (or even who...
Can I Compel Payment of Child Support if Years Have Passed? FAQ
My ex stopped paying me the court-ordered child support years ago, but I never really went after him/her. Our son is now in college and I am having trouble helping him make ends meet. Can...
How Can I Get Parentage Rights if We’re Not Married?
"My ex-girlfriend is pregnant with our child, but she refuses to speak to me right now, and I’m worried I won’t be able to see our child when he’s born. What can I do?" In...
Who Gets Custody of the Children?
How do courts decide who gets physical and legal custody of the children? What if my child has already told me who she wants to live it? “Best interest of the child”—the phrase that pays....
Complete List of CA Divorce Forms, with Links
Our exhaustive list of California divorce forms with links to download them.Join to continue reading. Starter Membership is free. LoginSign Up Learn more about our membership options.
Glossary of Terms
Legalese made easy. This document has all of the terms you’re likely to hear and their definitions in plain English. Join us and download this free glossary of legal terms. Join to download now.Starter Membership...
Ten Important Laws You Need to Know About (if You’re Getting a Divorce)
1. Spousal Support (Family Code Section 4320): While pre judgment spousal support is generally calculated using a formula, long term spousal support is determined by review of various factors. Some of the factors the court...
Calculating Timeshare Kids Spend with Each Parent
You’ve determined the schedule your kids will spend with each parent. Now, you want to calculate child support but can’t do so without determining the percentage timeshare your children spend with you and your ex....
Child Support Calculator
Use our convenient child support calculator to determine an estimate of California child support. Enter in all of the requested information below, and the results will help inform your position for mediation and/or negotiation with...
The Hello Divorce Worksheet
This worksheet breaks down all of the things you need to think through and resolve before you can finalize your divorce. Join to download now.Starter Membership is free.LoginSign Up Learn more about our membership options.
Best Practices for Supporting Students with Learning Disabilities in a Split Household
Even ‘happily’ married couples have difficulty effectively supporting their children. In some cases, especially when the parents have a child or children with a disability, the parents need to be even more united and consistent...
Changing a Child’s Last Name
What’s in a name? Well, for some people, a lot. At divorce, one parent may want to change their child’s last name. Usually this involves creating a hyphenated last name, so that the child’s surname...
10 Tips for Writing a Persuasive Family Law Declaration (to Attach to Your Request for Orders)
A declaration is a written statement made under the penalty of perjury. If you are filing a “Request for Order” (or responding to a “Request for Order”) asking that the Judge enter orders providing you...
10+ (non legal) Essential Apps to Rely on While Uncoupling
Getting unmarried can sometimes be as expensive, insanely time consuming and detail driven as planning your wedding. When we tie the knot in the first place, we use wedding planners, online worksheets, and various other...
About Child Custody Evaluations
As Explained by an Experienced Evaluator: When parents cannot come to agreements about their children and/or a parenting schedule, one or both may file a “Request for Order” in family court. Unless they have agreed...
Family Court & Child Custody 101
Family court is not as depicted in movies or on TV. Family court is not like civil, or traffic or criminal court where there is an issue, both sides argue the matter and present evidence...
How to Keep Your Divorce Conversations Productive
First things first. If you want to negotiate an agreement with your spouse, you have to remember (and accept) the following principles: • Be mindful that your purpose is to avoid arguing and to be...
Presenting Evidence in Family Court
Most people (even some lawyers) don’t expect the Evidence Code to apply in family law in the same way that we see it used in Criminal or Civil Law. The fact is that it most...
Tips for Getting Your Spouse On Board with Mediation
Mediation, whether through Hello Divorce, with a trained mediation counselor or a divorce financial planner, can be a great option for resolving the issues pertaining to your divorce. At Hello Divorce, we not only guide...
My spouse can earn more but refuses to. How is this handled for purposes of Child Support?
When we calculate child support, we generally use the actual incomes of both spouses. But what happens when your spouse is under earning? That is, s/he is working less than full time and/or is not...
What to Wear to Court
As a general rule, you should think of the courtroom as a formal environment. Dress as you would when going for an important job interview or to church. You can be barred from the courtroom...
What Are the Different Types of Court Hearings I Might Have to Attend?
The most common type of hearings in Family Court are related to child support, spousal support and/or child custody. These hearings are scheduled after one spouse files a “Request for Order.” Depending on the complexity...
What is Contempt?
In the course of your divorce, the family court may issue a range of orders, including visitation and custody determinations, orders to pay attorney’s fees, and divisions of property. When an ex-spouse (or soon to...
Family Court Custody Mediation vs. Private Mediation: Which Should I Choose?
The goal of mediation is to help you and your spouse come to agreements regarding your children. Assuming you and your spouse are in agreement, you can choose to opt out of working with a...
Special Considerations for Your Same Sex Divorce
We have all heard the good news. California no longer recognizes a distinction between same-sex and opposite-sex marriages. Any couple can now obtain a marriage license and wed, regardless of that couple’s sexual orientation. In...
