Unique Issues for the Baby Boomer 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…
Planning
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.
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Why is date of separation so important in a California divorce?
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…
Pre-divorce planning: Do you have an exit strategy?
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…
10 Tips for the Self Represented in Family Court
Are you representing yourself? Are you scheduled to go in front of a judge? Follow these 10 tips before your court date: Be Prepared; Understand your judge (consider…
Help, my spouse is missing!
I often get asked the question: I want to file a Divorce or other Family Law action but I don’t know where the Respondent is? Can I proceed?…
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…
Why mediate your legal matter?
Benefits of Mediation Privacy If you reach an agreement in mediation, you do not have to appear in front of a judge or walk into a public courtroom.…
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.…
Is a donor agreement enough to protect my same-sex partner from a challenge to her parental rights?
Usually not. In California, maybe. In short, we recommend a second parent adoption or a ‘Paternity’ action to terminate the parental rights of the (known) donor ‘father’ and…
Plan B: Why the Happily Married Should Consider a Post-Nuptial Agreement
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…
Will child support change when I get remarried?
‘Is my new spouse’s income taken into account for purposes of calculating child support?’ While we find that many of California’s family laws are common sensical, this issue…
Should I stay or should I go? 5 issues to consider before you move out of the marital residence.
While each divorce is different, and every case requires legal advise tailored to the client’s individual situation, there are certain issues that everyone can consider before taking the…
A Quickie Divorce?
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…
Tips for Keeping Your Divorce Out of the Public Eye
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…
Our Postnup Primer
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…
Tips for a Successful Mediation
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…
Should I Stay or Should I Go? Date of Separation Laid to Rest
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…
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…
Do I Need an Attorney?
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…
FAQ: How Do I “Serve” My Spouse with a Divorce?
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…
How Much Will a Divorce Cost?
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…
What Are My Options if I Want to End My Marriage?
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…
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 is a…
How Do I File for Divorce if I’m Representing Myself?
I have decided to represent myself in my family law case – how do I even start? In pro per, pro se party, in propria person, they all…
Complete List of CA Divorce Forms, with Links
Petition (FL-100): This is the document that initializes your divorce with the Court. It is the first thing you file and requires a $435 filing fee. Download Petition…
Small Ways to Save Big on Your Divorce Costs
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…
Musings from a Law Office Intake Specialist
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…
How to Prepare for Your Meeting with Your Lawyer or Divorce Coach
You have decided to take the next step towards your divorce and have scheduled a meeting with a lawyer or legal coach and are wondering what to do…
10 Tips to Make Your Divorce Easier and Less Costly
10 Tips to help you achieve a swift, amicable and fair divorce. Download Now
Glossary of Terms
Legalese made easy. This document has all of the terms you’re likely to hear and their definitions in plain English. Download Now
Calculating Timeshare Kids Spend with Each Parent
When: You’ve determined the schedule your kids will spend with each parent. You want to calculate child support but can’t do so without determining the percentage timeshare your…
Child Support Calculator
Calculate an estimate of California child support by entering in all of the requested information below. The results will help inform your position for mediation and/or negotiation with…
Divorce Process Flow Chart
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…
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. Download Now
What is the Legal Status of Your Case?
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…
Spousal Support A-Z
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…
The Buck Stops Here: Options for Long-Term Spousal Support
So here you are, trying to figure out whether long-term spousal support is going to be ordered and how much it would be. You have already been told…
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…
Instructions for Restoring your Maiden Name
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…
Your Hello Divorce “Cheat Sheet” to Self Representation
If you’re navigating divorce without legal representation, we’ve got your back! Review this outline to understand what will happen throughout the divorce and what you need to do.…
Divide, Buyout or Cash-out Retirement Accounts?
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…
Property and Debt Division Cheat Sheet
When and Why When: When you and your spouse are ready to dive into the ‘nitty-gritty’ and divide you assets and debts. You can use this spreadsheet for everything…
Social Security Benefits & Divorce – 10 Facts You Need to Know
A marriage of at least 10 years triggers social security rights. Ten years is defined as Date of Marriage to Date of Divorce. So, for example, even if…
Emails & Divorce: Five Things You Need to Know
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…
Should I File a Response?
If you have been served with the Summons (FL-110) and Petition for Dissolution of Marriage (FL-100), you are the Respondent. The Petition tells you what your spouse is…
Which Type of Mediation Will Work Best for You? The Three Types – Explained
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…
What County and Courthouse Do I File for Divorce in?
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…
A Petition and Response Has Been Filed, What’s Next?
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…
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…
Oh No! I Missed the Deadline to Respond to My Spouse’s Petition for Divorce. What Do I Do Now?
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…
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…
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.…
Your Spouse Did Not Respond to Your Petition for Divorce. What Happens Next?
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…
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…
Pre-Leaving Checklist
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…
FAQ: What is a divorce by default?
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…
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…
Breaking the ‘D’ News to Friends and Family: Helping Them Help You
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…
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,…
How to Get a New Judge to Hear Your Case
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…
10-Step Quick Guide for Tackling Divorce Financial Issues
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…
6 Steps to Take Before You Begin Divorce Mediation
Thinking about divorce mediation? Excellent idea if you and your spouse have the shared goal of uncoupling amicably (or at least are committed to working together to dissolve…
