Divorce Articles
The value of premarital agreements in a California divorce
In the not-so-distant past, prenuptial agreements (also called prenups, premarital agreements or premarital contracts,) were seen as being only helpful for the very wealthy. These agreements were sometimes stigmatized by the media and spun in a negative light as a shady means of keeping a poorer spouse from getting his or her fair share after divorcing someone much richer. Read More
Children and divorce in California: How to successfully co-parent
With few exceptions, children in Orange County, and throughout California, benefit from having both of their parents in their lives. By the same token, parents' responsibilities towards their children do not go away simply because they have decided to divorce. Read More
Surviving Divorce: 10 Helpful Ways To Cope With The Ending Of Your Marriage
Whatever the circumstances, the end of any marriage is often painful and creates challenges that seem difficult, if not impossible to overcome. Making the decision to divorce is often fraught with issues and situations that were never anticipated, and there are no clear guidelines for how to dissolve the relationship gracefully. Read More
An Alternative To Adversarial Divorce
In the last few years, a new technique has arisen in the practice of divorce law that attempts to resolve a divorce by both parties agreeing not to go to court. Collaborative Divorce ("CD") is a way of going through the divorce process which minimizes the emotional impact on the family with the help of a team of professionals. Read More
Protecting A Business During A California Divorce
The divorce of Kim Kardashian and Kris Humphries made headlines at the end of 2011. Many question whether the divorce after just 72 days hurt the Kardashian brand. However, in the reality television business, the drama from Kim's divorce may not necessarily be bad for a family business that benefits from publicity. Read More
Taxes Following A Divorce Or Separation
Recent separation and divorce has an impact on California couples' tax returns. The first important distinction to be aware of is filing status. For a separated Orange County couple, husband and wife must file as married, unless they have obtained a final divorce decree or decree of separate maintenance by the last day of the tax year (December 31). Read More
Can A Trust Protect Assets In A California Divorce?
Small business owners and other individuals with sizable assets have worked hard for their successes and need to protect what they have earned. Sometimes, however, these hardworking individuals fail to safeguard their assets when they get married. Read More
A Forensic Accountant's Role In High Net Worth Divorces
What does your family balance sheet look like? If you are not in charge of the family finances, you may not have a good idea of your exact assets and debts. When a spouse has a controlling share in a business, it can be even more difficult to itemize all assets. Read More
The Benefits Of Technology In Post-Divorce Co-Parenting
It can be difficult to communicate with your former partner after a divorce. How can you amicably correspond without getting into a major argument? While life after divorce may be challenging, if children are in the equation, open dialogue with your ex is necessary when it relates to specific child rearing issues. Read More
Alternative Dispute Resolution: Mediation For Divorce Settlements
Many couples decide to end their relationships in an amicable manner. With the complexities involved in a divorce, there will undoubtedly be issues that are sticking points. For some couples working through the alternative dispute process may provide an alternative to a long drawn out court trial. Read More
Dealing With A Mortgage During And After A Divorce
When there's a divorce there are typically a million decisions that need to get made. Debt allocation, child custody arrangements, alimony, and property distribution are all common issues faced by divorcing couples. The most important decision, however, usually involves the couple's primary residence. Read More
Understanding The Signs Of Parental Alienation Syndrome In A Divorce
It's simply inevitable that a divorce will have an impact on any children involved in the marriage. However, the extent of that impact-whether positive or negative-depends on the couple and situation. Read More
How Pet Custody Is Addressed In A Divorce Proceeding
When there's a divorce, determining who gets the family home or dividing a 401k, for instance, are just a couple of common issues that need resolving. However, figuring out pet custody issues are just as essential. According to the U.S. Census from 2010, over 70 percent of U.S. homes own a pet. Read More
The Emerging Legal Issues Surrounding Same-Sex Marriage And Divorce
While it is true that same-sex marriage was briefly legal here in California several years ago - and is now legal again thanks to a landmark ruling by the United States Supreme Court back in June 2013 - it is still "young" in judicial terms. Read More
Understanding The Role Of Technology And Social Media In Divorce In CA
Many people who are going through a divorce in Orange County, California, do not realize how much of a role technology and social media can play in setting the final terms. Today, anything from a breach of prenuptial agreement to a lack of financial disclosure can be proven or at least uncovered thanks to texts, emails and social media postings. It is important for Californians who are in the process of divorcing to be extremely careful of what they share with the world. Read More
Caution Urged When Splitting Retirement Funds In A Divorce
Orange County couples who are working through a divorce must address many issues. The emotional nature of determining child custody and support, spousal support and the division of marital property and assets can take a toll on people. Read More
Family Law Articles
Properly Dividing Assets Can Be Difficult During CA Gray Divorces
"Gray divorce," or divorce after the age of 50, is becoming increasingly common in Newport Beach. According to USA Today, in 2010, one-quarter of recently divorced spouses belonged to this age group. To some people, these divorces may seem fairly straightforward, since spouses don't have to address divisive issues such as child custody. Still, gray divorces aren't always free of complications. Read More
How Can You Recover Past-Due California Child Support Payments?
Over half of the parents owed child support do not receive the full amount they are owed. Almost 24 percent of the parents owed child support received absolutely nothing, according to data from the U.S. Census Bureau. Read More
California Protective Order Registry Increases Safety
In February of 2008, the California Courts started a project to create a Protective Order Registry (CCPOR). The registry provides trial courts and law enforcement officials with protective and restraining orders from across the entire state. Since 2008, the CCPOR has become available in 22 California counties. The rest of the state will have access by 2013. Read More
The Impact Of Alimony And Child Support On Taxes
Everything in your life changes after a divorce - and the way that you will handle your taxes is no exception. This is particularly true when alimony or spousal support is involved. Whether you are receiving alimony or paying it to an ex-spouse, there are tax implications. Divorce tax issues must be considered during the divorce process, so that no financial surprises come up following completion of a divorce. Read More
Continuing Financial Reporting Requirements For Child Support
California law places a strong priority on ensuring that children have adequate financial support following a divorce. Indeed, the law even goes so far as to specifically state that "a parent's first and principal obligation is to support his or her minor children according to the parent's circumstances and station in life." Read More
Navigating Child Support Orders Between Two States
Enforcing a child support order can be difficult, especially when the person who should be paying lives outside of California. Luckily, the federal government successfully pushed every state to adopt the Uniform Interstate Family Support Act (UIFSA), which requires states to work together to create and enforce child supportorders. Read More
California Community Property And Spousal Support
California is a community property state, meaning that property acquired during a marriage is considered marital property belonging to both spouses. It also means that most debts incurred during the marriage are attributed to both spouses when the time comes to pay them. Read More
California Move-Away Requests Settle Custody Issues After Relocation
As the economy continues on a path to recovery, more jobs are again being created in California and across the country. However, a move across the state or country is sometimes required for the right job. Read More
California Courts Review Of Disability In Child Custody Decisions
Going through a divorce is one of the most stressful events. Difficult decisions involve where a child will live and when each child will spend time with each parent. For a parent with a mental or physical disability there may be questions or fears surrounding negotiation of child custody. Read More
Understanding Spousal Support Calculations In California
When a divorce happens, many decisions need to be made that affect both parties. Spousal support, known commonly as alimony, is just one of them. It provides financial support to a party who was a non-wage or low-wage earner during the length of the marriage. Read More
New Research Offers Insights Into Ways Family Conflict Can Affect Kids
Most parents who are going through a divorce in Orange County, California, worry about how the divorce will affect their children. Even before important issues like custody and level of child support come up, however, the changing dynamic in the relationship between parents can have profound impacts on children. It is important for parents to understand these effects as well as the steps that they can take to shield their children. Read More
Child Custody: The Judicial Challenges Domestic Violence Victims Face
In Orange County there are women every day who are victimized by their domestic partner and, to complicate matters further, many of these women are mothers. While domestic violence has come out of the shadows over the last several years many victims remain trapped in a world of intimidation and harassment, especially when their abusers are their spouses. Read More
Property & Finances Articles
Your Finances: The Dividing Line
Going through a divorce can be an emotionally painful and difficult time. While this experience is never easy, it is important to think about the financial consequences of separating from a spouse. There isn't much you can do to be prepared emotionally for a divorce, but there are a few things you should look at that can help to keep your finances in order during this tough time. Read More
Florida Governor Vetoes Bill That Would Have Ended Permanent Alimony
When a marriage ends in divorce, many Orange County spouses are concerned about their financial security. To combat this issue, many individuals are required to provide their previous spouse with financial assistance in the form of alimony payments. However, new trends in alimony are arising. Read More
Business & Career Articles
Mother's Relocation For A Job Was Not In The Best Interests Of Children
After a divorce, one child custody issue that may arise is the question of relocation. One parent may wish to relocate, for example, due to employment opportunities, or to receive help from family members that live elsewhere. Read More
Books To Help Divorcing Parents And Their Children:
- My Mom and Dad Are Getting a Divorce by Florence Bienenfeld
- Mom's House, Dad's House by Isolina Ricci, Ph.D.
- Co-Parenting by Miriam Galper
- When Living Hurts by Gordon Sol
- Megan's Book of Divorce: A Kid's Book for Adults by Eric Jong
- Child Custody: Building Agreements That Work by Mimi E. Lyster
- The Parental Alienation Syndrome: A Guide for Mental Health and Legal Professionals by Richard A. Gardner, M.D.
Community Resources:
A variety of nonprofit social services agencies provide counseling services to divorcing families in the areas of domestic violence, marriage, family and children, and drug and alcohol abuse. Legal assistance is also available. For a list of these community resources, please contact Family Court Services at 714-935-6550.
Direct Numbers Of Additional Community Resources:
- Parenting Classes and Counseling Referrals, Infolink: 714-955-2255
- Child Abuse, Child Abuse Registry: 714-938-0505
- Domestic Violence, Domestic Violence Hotline: 714-992-1931
For a consultation with an Orange County attorney at the Burch Shepard Family Law Group, call (949) 565-4158 or contact us online.
