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In California, there is a 60% divorce rate as of today according to Google. However, the rate of couples breaking up is higher than that. Couples sometimes file for legal separation, or even just separate without filing any documentation. We estimate that the break up rate in California is as high as 80%. So, how do we try and make sure that we are in the 20% success rate? During our course of practice, we have developed seven prongs that if met give your relationship a

Although the holidays are a great time for some people, unfortunately there are others where the holidays are full of stress and disappointment. If you fall into this latter category, there are things that you should think about. One, why am I feeling the way I am feeling? Is this something I can change or does it require my spouse as well? Will my spouse help me? Although we are divorce attorneys, we will NEVER pressure you into filing for divorce. If you are not happy

How do I know when I need an attorney for my divorce? Many attorneys will tell you that you need to hire an attorney from the onset of a divorce, and although that is preferable it is not necessary in certain situations. If you are going through a divorce for a second or third time and you are familiar with the process, you may not need an attorney for full representation. There are resources like a self-help center, or even a paralegal to assist you. However, be advised t

Under a legal separation you can still decide the factors that you would decide as if you are going through a divorce such as division of assets, child support, child custody, and spousal support (or spousal maintenance). However, the main difference between legal separation and divorce is that you are still married under legal separation and cannot remarry. People may choose to file for legal separation for religious reasons, or because they wish to be on each other’s heal

Spousal support is the support amount that you would have to pay monthly to your spouse. This amount is determined by a judge and usually lasts for half the duration of the marriage provided that you have been married under 10 years. If you have been married for over 10 years, other factors are taken into consideration. This may result in you having to pay your spouse for more than half the duration of the marriage and even possibly for life. A judge is likely to use the

I’m getting a divorce, what do I need to consider? In California, there is a 75% divorce rate. People are getting divorced for a variety of reasons and it appears as if this rate is going up. In our practice, we get divorce calls everyday. If you are considering divorce, please consider the following four areas: Division of assets Spousal support Child support Child custody Child support and child custody go hand in hand. There are two types of divorce – uncontested and c

Can I file for a bankruptcy right after filing for a divorce? There are two sets of laws here, one is federal law and the other is state law. If you get a divorce, and the divorce agreement transfers all of the debts to one party, while the other party keeps all of the assets and a bankruptcy is subsequently filed, a creditor or trustee may think that is some type of fraud occurring here. For example, you two only got a divorce to get rid of your debts. If this is the case

I am getting a divorce, do I need a trust? If you are going through the divorce process, it is always advised by our office to get a trust (also known as an estate plan). Having an estate plan will allow you the opportunity to choose people to make health care and financial decisions for you in the event that you cannot do so for yourself. Now that you will be single, this is always a good idea. Additionally, if you have minor children, you can include a guardianship provi

Unfortunately, in the state of California, there is a 75% divorce rate. Some experts are predicting that this rate increases over the next 5-10 years. The people who are going through a divorce are not only young people. In our practice, we see people who have been married 30 years or more, and people who have been married less than 10 years electing for divorce. We are also seeing the “young” people never get married in the first place. The young people (20-32 years old

The Divorce Process There are several steps to completing a divorce (dissolution). Often people seeking a divorce start the process themselves, however due to how cumbersome the process is, they often need the help of an attorney or family law facilitator to complete the dissolution. If the process is not completed in a timely manner, the court may dismiss the action and thus the parties would have to start it all over. The following are basic terms in the divorce proces