Regardless of what stage of the divorce process you are in, chances are you would benefit from two things: (1) guidance on the procedural stuff and (2) a plan to get you from point A (separated) to point B (happily divorced).
These resources will keep you on track and answer questions when your spouse (or life) throws a curve ball. The best divorce is a strategic one. Read on to learn to plan and strategize your position on each issue relevant to your case, move your divorce along and keep costs down.
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...
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.
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...
So, you have spent months (or maybe even years) reaching a resolution in your matter, but the process is not over yet. If you received a money judgment against your ex-spouse as part of your...
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...
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...
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....
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...
Not all Family Law cases require financial discovery. However, there are many cases in which a spouse must take the extra step of investigating all financial issues of a marriage or registered domestic partnership to...
Between the time the divorce petition is filed and the final entry of judgment, parties are under the purview of the Family Court System. This allows parties to request their family law judge make certain...
Even uncontested divorces can be tricky to finalize when you are not an experienced divorce lawyer. In California, if you and your spouse have agreed on all issues (child custody, child support, spousal support, property...
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...
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...
“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...
When you get a divorce, the only way to get money paid from one spouse’s retirement account to the other spouse is with a QDRO. Learn what they are and how to get one.
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.
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.
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...
Visualize the divorce process start to finish with this handy flowchart 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.
You have spent hours poring over all of the forms necessary to finalize your divorce. You researched online, browsed a DIY book, and maybe even had a meeting or two with a lawyer. You were...
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...
1. A Business Is an Asset Though the spouse who owns the business may feel proprietary over it, a business is an asset. And because it is an asset there must be a determination of...
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)....
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...
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 are defined benefit plans (think: pensions), defined contribution plans...
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...
Your first step to make the apportioning process more manageable is to make a spreadsheet that lists all of your property. Sign up for a free account to view our tips and download our example...
It’s no secret that hiring an attorney is expensive. Even if you are using a lawyer on a ‘limited scope’ basis to help you only with strategy or to review and revise your forms, it...
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...
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...
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...
In California, each party to a divorce is required to complete a set of mandatory documents entitled “Preliminary Declaration of Disclosures” prior to any Judge or Commissioner granting their divorce. These documents include an Income...
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...
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...
Use our checklist to ensure that you have completed every document you could possibly need to get your Divorce Judgment past those pesky clerks and into the hands of the Judge who will (finally) sign...
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...
Many of the financial issues surrounding a divorce apply across the board regardless of your age range, but we’ve compiled a list of pertinent financial questions to ask during your divorce depending on where you...
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...
OK, so you feel totally stuck. All you want is closure and yet your divorce is lingering on and on. You’ve tried everything. You’ve tried nothing. You don’t have any clue what to do next....
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...
Everyone knows someone who has been or is getting divorced. Divorce isn’t rocket science. But it is confusing, and a process. It’s essentially filing a lawsuit and, as we all know, when a lawsuit is...
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:
Q: “It’s November. Can I still get a divorce this year? If not, is there anything I can do to formally separate our property, earnings and accounts to prepare to start fresh in the New...
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...
So many clients walk in to my office fuming at their ex – for cheating, lying, stealing or a laundry list of other unsavory activities. They aren’t always interested in a fair divorce settlement; they...
Answers to questions you didn’t even know you had yet: 1. We aren’t going to lawyer up, but do we need a mediator? You only need a mediator if you and your soon-to-be-ex (STBX) can’t...
There is a lot to think about after divorce, and that includes thinking about your Qualified Domestic Relations Order(s) (QDRO), which will divide your retirement plan(s). You may have questions after your QDRO is filed...
Defining the QDRO-related terms you need to know.
