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California Family Law Blog

Three ways to help your teen while going through a divorce

As moody and uninterested as teens can be, they thrive in their daily routines. Your teen might act like they don’t want to talk about their feelings. They might spend their day glued to their phone. Going to the beach with friends is a priority. Don’t forget that their interactions with you are important, too.

Remind teens that you are divorcing your spouse, not them

Is There Difference Dealing With High Asset Divorce?

Divorce can be a contentious, time-consuming and often complex process. High net worth divorce compounds those complexities. With more assets to divide, it can take more time to reach a fair and reasonable divorce settlement, although prenuptial and post-nuptial agreements can help simplify the process.

How Can I Maximize a Successful Mediation Experience?

The most important thing to remember about family law mediation is that it is not an adversarial process. Mediation is the time to focus on solutions, compromise and resolution. Mediation isn't about resolving every issue, although it's a great opportunity to try to resolve as many as possible. When there's serious disagreement, some issues can't be negotiated and may require court intervention, but at least you can save money by settling what you can.

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 authority because those are issues that, as a matter of public policy, are not allowed to be changed by the parties from what the law provides. Many people put such provisions into a pre-marital agreement, but provisions impacting custody and child support are generally not enforceable, but most everything else is negotiable and enforceable.

Amicable Divorces Are Possible

While an "amicable divorce" may seem like an oxymoron, it's still possible to reach a divorce settlement in a peaceful way. Divorce is often the result of two people failing to see eye to eye; although if those two people can agree on treating each other with civility and respect and are willing to be transparent in their marital finances and also both want the best for their children, there's hope of an amicable divorce.

What is a judgment "set-aside?"

A "motion to set-aside" is a post judgment procedure that allows either party in a finalized divorce proceeding to ask the court to set aside the judgment. If the motion to set-aside is granted, the court will generally hold a new trial on the issues that have been "set aside" by the court, typically (if the entire judgment is set aside) that means all of the unresolved issues in the case. The motion to set-aside must be made within a reasonable time, not to exceed one or two years after the original judgment or order is issued depending on the basis of the claim.

Protecting Professional Practices In Divorce

When one or both spouses in a divorce have ownership in a professional practice, things can become complicated. Spouses who are partners, shareholders, or sole owners of a professional practice have likely invested a great deal of time meeting with attorneys and accountants to limit personal liability and taxes that arise from their practice. In these discussions, the possibility of divorce may have been contemplated and a prenuptial agreement or other pre-divorce plan was put into place to protect their business. Many, however, do not have any pre-divorce safeguards, which can put their professional practice at risk during a divorce.

How Child Support is Calculated in California

In any divorce where children are involved, child support is a very serious issue. Whether you are the parent paying or receiving child support, you want to ensure that your child will be provided for and receive all the support and benefits necessary for them to live a healthy and happy life. While the paying parent may feel like they get the raw end of the deal, it's important to remember that this money is not for the benefit of your ex-spouse; it's wholly for the benefit of your children.

What is a Bifurcated Divorce?

Given the number of issues that must be decided in a divorce, such as child support, child custody, spousal support (alimony), and division of assets, the divorce process can take a long time. If you and your spouse are unable to agree on some aspects of your divorce, but can agree on others, you or your spouse may be interested in filing a request for Bifurcation with the court. This is a process that can either be stipulated to (agreed with) by the two parties, or it can be made by one party over the objection of the other.

Calabasas Office
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Toll Free: 1-800-655-4766
Phone: 818-224-7900

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Toll Free: 1-800-655-4766
Phone: 310-859-7122

William A. Feinberg 1928 - 2001

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