Divorce and Family Law Blog

August 12, 2020 / Child Custody

How Can a Father Get Full Custody of Their Child?

It was common for judges to give preference to a mother in divorce cases, especially when the children were young. The “Tender Years Doctrine” favored mothers as the primary caregiver based on outdated general roles. Most states, including California, have stopped using this legal principle. Today, a parent’s gender is not a factor in custody […]

August 10, 2020 / Divorce

Is Celebrity Divorce More Common?

According to The Marriage Foundation, an organization in the United Kingdom, celebrity divorce rates are double the current UK divorce rates. The foundation looked at 488 celebrity marriages between 2001 and 2010. Fifty percent of the marriages ended in divorce, compared to the UK divorce rate of 25% for the same period. In the United […]

July 19, 2020 / Child Custody

Brad Pitt and Angelina Jolie are Co-Parenting After Custody Battle

It appears that after a long and tense custody battle, Brad Pitt and Angelina Jolie are learning how to co-parent their six children. Several news and entertainment sources, including People, are reporting that the couple and their children have had a lot of family therapy. However, the work has paid off because the couple is […]

July 15, 2020 / Divorce

Are Divorce Records Public?

Most couples do not want their marriage problems made public. However, when you file for divorce, that could happen. Many divorce records in California are public records. Public records are available for viewing by anyone. You do not need to be a party to the action to view the records. You merely need to know […]

July 9, 2020 / Divorce

What Happens If I Don’t Sign My Divorce Papers?

California is a no-fault state for divorce actions. A spouse does not need to prove that the other spouse was “at fault” for the breakup of the marriage to get a divorce. Fault in other states may include adultery, abandonment, or abuse. In California, the only reason a person needs to get a divorce is […]

July 3, 2020 / Child Support

Does California Allow Retroactive Child Support?

California courts expect parents to provide for the financial needs of their children. This duty applies even if the parents are divorced or they never were married. According to California Family Code §3900, parents have an equal duty to support their children. This duty is subject to the child support guidelines and other laws. In […]

June 26, 2020 / Property Division

Is My Spouse Entitled to My Inheritance When We Get Divorced?

California is a community property state. In most cases, your spouse receives one-half of all community property in a divorce case. While this law may appear to simplify property division in California divorce cases, property division is a highly disputed matter. The subject of litigation often centers on questions related to which property is community […]

June 18, 2020 / Child Custody

Requesting a Psychological Evaluation in a Child Custody Case

Generally speaking, it is best for all family members when parents can negotiate a mutually agreeable parenting plan. However, even when parents propose a custody plan to the court, the court has the power to revise that plan based on the best interests of the child. A child’s best interest is the overriding concern when […]

May 29, 2020 / Divorce

What Can a Process Server Do and What Can’t They Do?

When you file for divorce, your spouse has to be served with the divorce papers. In many cases, a process server is used to serve divorce complaints and other divorce pleadings. However, a process server must follow the law for serving legal documents in California. A process server cannot break the law when trying to […]

April 8, 2020 / Domestic Violence

Domestic Violence: When Should You Sue?

The statistics of domestic violence are staggering. In the U.S., it is estimated that almost 20 people per minute are physically abused by an intimate partner. The actual number may even be higher because many victims fear retaliation or further actions if they report their abuse. Remember though, you do have options if you are […]