Divorce is a big decision. You can get through it with your dignity and your pocketbook in tact.
Read on for real answers (we never hide the ball) on how to develop an exit strategy that gets you off to a legally advantageous start and strategically plan your divorce.
It’s no secret that Baby Boomer Divorces are on the rise. According to the Office for National Statistics, divorce is decreasing in every age group except for couples in their 60s. U.S. Census Bureau reports...
Date of Separation is often a hotly contested issue in California divorce actions. Why? The reason date of separation is so important is because duration of marriage often profoundly affects two important issues in divorce:...
If you are considering leaving your Domestic Partner or Spouse, a good plan of action is essential. I am not talking about taking your ex for all you can. What is most important is making...
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...
You may be wondering how to file for a divorce or other family law action when you don’t know where the respondent is. Sometimes the court allows litigants to serve documents other than by personal...
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...
Mediating your legal matter has many benefits including privacy, cost, control, and reduction of animosity.
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 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...
What the heck is a divorce lawyer doing writing a blog for two people in love, married, and with no intention of ever separating? Hmmm…Is it because I’m unromantic? cynical? distasteful? Gosh, I hope not....
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...
Each divorce is different, and every case requires legal advice tailored to the client’s individual situation. However, there are certain issues that everyone should consider before taking the leap to move out (even if you...
We have all heard the horror stories: “my divorce lasted longer than my marriage” or “it dragged out for years.” Thankfully, if you have minimal assets and are searching for ways to streamline your divorce...
The last thing we want when going through a tough break-up, is to have to battle it out in front of a packed courtroom. However, once a party files for divorce, one’s personal financial information...
Post-nuptial agreements are a written consensus between two parties, entered into after the marriage occurs. The purpose of a post-nuptial agreement (also known as Marital agreement or Transmutation agreement) is similar to the purpose of...
Mediation works when it is done right. It can be a fabulous way of reducing animosity, finalizing a divorce quickly and efficiently, keeping your personal life and private details more confidential, saving money and resolving...
One of the first questions a divorce lawyer will ask you when you come in for your initial consultation is ‘What is your date of separation?’ Why is date of separation so important anyhow? The...
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...
I am getting divorced, and I think it’s pretty simple. My spouse and I get along pretty well, all things considered. Lawyers can be so expensive – so do I really need one? The answer...
“I keep hearing that I have to ‘serve’ my spouse for a divorce. What does this mean, and how can I do it?“ The law affords everyone ‘due process.’ Or in plain English, before you...
I want to get my divorce resolved with as little expense possible, and have decided to represent myself to avoid lawyer’s fees. How much will it cost me to get this done? To initiate your...
There are three ways to end a marriage in California – you can get divorced, legally separated, or have an annulment. Only one party needs to want to end the marriage, and no agreement is...
How long does it take to get a divorce? The answer – as usual – is ‘it depends.’ First, before you can even file the paperwork, you must ensure that at least one of you...
If you've decided you'll self-represent in divorce, you'll need to get familiar with a few terms: in pro per, pro se party, in propria person. Those words all describe you, the self-represented litigant. First, you will...
Our exhaustive list of California divorce forms with links to download them.
Divorce can be stressful enough without the additional burden of being expensive too, but divorces don’t have to break the bank. There are a few small things you could do to keep costs down which...
I am often the first person that people talk to when setting up meetings with their lawyer or when they have a quick non-legal question that I can assist with. While they are always very...
You have decided to take the next step towards your divorce, have scheduled a meeting with a lawyer or legal coach, and are wondering what to do ahead of your meeting. I think that doing...
You’ve made the decision to get divorced. Now you aren’t sure where to start. Getting through the divorce doesn’t have to be terrible and costly. After all, you don’t want to work against each other...
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.
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....
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...
Visualize the divorce process start to finish with this handy flow chart which explains all the steps that need to be taken before you can toast to your divorce.
This worksheet breaks down all of the things you need to think through and resolve before you can finalize your divorce.
Wondering whether your JUDGMENT has been processed by the court? Concerned that your spouse has filed a request for child support without notifying you? In most counties you can check the status of your case...
One of the key issues that arises in a divorce proceeding is spousal support, aka alimony. Spousal support comes in two varieties, temporary spousal support and long-term spousal support. Spousal support is something that has...
In a nutshell, long-term spousal support (also referred to as ‘post judgment’ support or ‘permanent’ support) usually lasts for up to half the length of the marriage (assuming your marriage is less than 10 years)....
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...
Many people change their names when they get married, but when they get divorced, some individuals wish to have their former name restored. If you would like to keep your name the same, then there...
There are several types of retirement benefits that you or your spouse may have. The IRS provides descriptions of the different plans here. The most common plans we see are defined benefit plans (similar to...
When you and your spouse are ready to dive into the ‘nitty-gritty’ and divide your assets and debts, use this spreadsheet for everything from weighing your options, negotiating with your spouse (and/or his or her...
1. A marriage of at least 10 years triggers social security rights. 2. Ten years is defined as Date of Marriage to Date of Divorce. So, for example, even if you separated with your spouse...
For many of us, email is a primary method of communication for everything from connecting with family members and friends to running our businesses and talking to our children’s teachers. Email can be super helpful...
If you have been served with the Summons (FL-110) and Petition for Dissolution of Marriage (FL-100), you are the Respondent. Once you’ve been served, you have to file a Response (FL-120) within 30 days unless...
Wondering what type of Mediator is right for you? Michael Lubofsky shares an informative resource explaining the three general types of mediation services. If one or more of these techniques peeks your interest, make sure...
So you’ve made the decision to file for divorce. You need to know what county to file your paperwork in and what address should be used on your court forms (or risk the possibility of...
After both parties have filed and served their initial documents, the Petition, Summons and Response (Step 1), the real work begins. Step 2 is deciding if you need to file a Request for Order (“RFO”)...
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...
If you missed the deadline to file your Response to the Petition (30 days after the date of personal service), you will first need to confirm whether or not your spouse has filed a Request...
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...
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...
After you have served the Petition, your spouse has 30 calendar days to “respond”. By respond, we mean filing a “Response” (FL-12).If the thirtieth day falls on a weekend or a holiday, your spouse has...
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...
If you have one foot out the door, you may be tempted to run and as fast as you can. But before you do, it’s important to do a few things to be as prepared...
As if “divorce by default” isn’t a foreign enough term on its own, we get the wonderful opportunity to inform you that there are actually two types. Both types refer to a divorce where one...
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...
Depending on your divorce, it is possible that you have embarked on one of the most difficult emotional journeys of your life. While you know that you’ll come out just fine on the other side,...
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...
Help! My judge clearly has different religious or ethical views than I do. How can I get a new judge to ensure my hearing is unbiased? This can be a tricky one. There are some...
Tackling the financial issues of divorce can be overwhelming even for those of us who are comfortable with numbers. Sometimes the biggest challenge is figuring out where to start. Read and follow our 10-step guide...
Thinking about divorce mediation? Excellent idea if you and your spouse have the shared goal of uncoupling amicably or dissolving your marriage in a fair and cooperative way but have too many issues to resolve...
Forensic accountants are growing increasingly popular in divorce cases, and for good reason – unraveling a couple’s financial picture and then dividing that equitably is tricky business. Oftentimes, it’s distrust that income is being withheld...
Every month, I offer a workshop to women in my community who are either contemplating or in the early stages of divorce. At every Second Saturday workshop we invite a therapist, and a family law...
In California, as of January 1, 2019, a judge may make “custody” orders regarding your pet. (AB-2274). This change in the law means that pets are no longer treated exclusively as property to be divided...
Therapist and divorce coach Dr. Kristin Davin, Psy.D. shares her best advice for choosing between divorce coaching or therapy.
Interviewing a few therapists and/or divorce coaches in advance is an excellent investment of your time, and a terrific way to determine fit – which can be the most important factor in a therapy/coaching relationship....
If you’ve made up your mind and there’s no alternative but divorce, talking to at least a few lawyers is always a good idea. The first consultation is usually always free, so you’ve got nothing...
Learning that your ex has sought legal help is *not* a reason to panic. They should get advice from an expert - and you should, too. The more information both parties have, the more amicable...
I was married and divorced by the time I turned 30. Not long after that, I entered what I like to call a “charitable rebound” that lasted about two years. After we “officially” moved in...
Your relationship is over but you’ve waited to have the “Dear John” talk. Here’s how to do it (nicely). It may seem insensitive or trivial. Who do I think I am – writing your “Dear...
When you’re the founder of a post-breakup concierge service, you get to know a lot of interesting people offering interesting services that help people move past heartbreak. Here are a few services that we connect...
As one of the top family law litigators in the country, I know the downside of the traditional litigation process. For many years as a top divorce attorney I watched thousands of clients spend huge...
When it comes to the California divorce process, the first step is knowing how and where to file for divorce. You or your spouse will have had to live in California for six months, and...
It's a question I hear a lot: "Do I need to meet with a divorce lawyer or coach before I begin mediation with my spouse?" Short answer:
Nothing causes anxiety like a divorce that's "stuck." The solution? Declutter your divorce and get it back on track.
Understanding when to communicate with your lawyer can save your divorce case time and money. You know that advice your best friend gave you about writing a scathing note to your ex when you are...
