The Physical Effects of Divorce on Children
No one files for divorce lightly, but few California couples realize how traumatic divorces can be. Ending a marriage can cause a lot of stress and cost a lot of money. For children, the divorce of their parents can have even more serious effects. Research suggests that divorce can actually affect children’s physical health. Statistics […]
What if my former spouse is undermining my parental rights?
The end of a marriage can bring out significant conflicts between the two parties. It is not easy to reach decisions about important child custody issues, and sometimes, these disputes can carry over long after the divorce is final. For some California parents, they may find that issues with their former spouses can continue to […]
“Essentials of California Family Law” Seventh Edition Now Available!
The updated 2017, Seventh Edition of The Essentials of California Family Law by Marshall W. Waller, CFLS, is available for purchase just in time for the upcoming October 2017, California Certified Family Law Specialist Exam. Marshall W. Waller originally compiled the text while studying for certification as a California Family Law Specialist. The book has […]
I’m About To Remarry, Can We Do Our Own Pre-Marital Agreement?
Pre-marital (sometimes called prenuptial) agreements are a great way to negotiate the financial terms of the relationship between you and your partner both during the marriage and after, rather than leaving everything to the rules imposed by the State. Some issues, such as child custody and child support can’t be negotiated outside of the court’s […]
Parental Alienation in CA
In the aftermath of a custody battle where one parent was awarded sole or primary custody of the child, the noncustodial parent often feels devastated. Moreover, the custodial parent may use the custody award to reinforce their superiority over their former spouse. These misguided aspirations can be taken to the extreme by taking actions to […]
Breach of Spousal Fiduciary Duty
Just like business partners, spouses owe each other certain fiduciary duties, or legal obligations to act in another party’s interest. In the context of marriage, this means that each spouse owes the duties of mutual respect, fidelity, and support. This may sound rather unimpressive, but as it turns out, this is an area of family […]
Common Mistakes In Asset and Business Valuation
When there are substantial assets or business interests subject to division in a divorce proceeding, both spouses agree on the value of the assets (or a judge needs to make the decision) before they can be divided. This is assuming, of course, that you and your spouse have been unable to reach an agreement otherwise. […]
How Can Child Support Be Made Non-Modifiable?
If I agree to pay for college in the good times, years later when that event actually happens, can that order be modified? This very question came up in a new case, Drescher v. Gross (2014) 225 Cal.App.4th 478. In this case, both husband and wife were practicing lawyers when they divorced in 2001, both […]
How Can I Protect Myself with Restraining Orders
Are you afraid of your ex? Do you worry that you are being followed or your spouse is looking to attack you in the wake of a break-up? If so, you should consider a restraining order. A restraining order is a legal device that offers protection against threatening spouses and anyone else whose presence you […]
Telling Your Children about Infidelity?
Infidelity is a complex issue for all parties involved. Those who have had an affair must decide whether to continue the outside relationship or end it entirely. The situation is similarly complex between married spouses. When infidelity is discovered, spouses must determine how they will move forward and if the marriage can survive. These situations […]