Divorce Archives

Breach of Fiduciary Duty

In the thick of a divorce, tensions often run high. Each spouse may wish nothing but pain and misery for the other. Such feelings, though unfortunate, may be unavoidable. Even the most agreeable people can become petty and mean in the midst of divorce.

What a Child Wants

A child whose parents are divorcing may feel as if he needs his own lawyer-someone to articulate his feelings of confusion and sadness, someone to make his parents aware of what he needs to grow into a healthy, well-adjusted adult. While minor's counsel may be appropriate in certain situations, their job is to represent the children's best interests to the court, not the best interests of the parents. Therefore, parents must take it upon themselves to understand their children's fears and wishes and then be prepared to address them in a compassionate and child-focused manner.

Is Mediation An Option In My Divorce?

Do you hate your ex?  Does the thought of your spouse make your blood boil?  Do you feel like breaking anything in sight at the mere mention of his or her name?  These are not unusual feelings to experience during divorce.  Spouses often experience feelings of anger and hostility toward an ex-partner. These feelings can be especially bitter depending on the reasons for the divorce and the issues to be addressed, such as significant assets, debts or most importantly, children. Couples may find themselves unable to speak with one another or even be in the same room together. This is the sad reality of many divorcing couples today.   

Does Your Spouse Lie To Your Children?

Are you dealing with a spouse who is telling lies to your children? If you are, you are not alone. Unfortunately, some divorcing spouses engage in dirty, underhanded tactics. A husband, for example, may lie in court, claiming that his wife is a drug addict and incapable of looking after their children. A wife, in turn, may falsely claim that her husband abused her during the marriage and he continues to stalk her.

"Essentials of California Family Law" Fourth Edition now available!

The updated 2013 Fourth Edition of The Essentials of California Family Law by Marshall W. Waller, CFLS, is available for purchase just in time for the upcoming October 2013 California Certified Family Law Specialist Exam.

Parenting in the Wake of Divorce

Getting a divorce does not mean that you must now stop being a good, responsible parent. You can still care for your children, and help them grow into confident, mature adults. The best way to do this is with a clearly defined parenting plan. A parenting plan outlines regular visitation times for you, your children, and your ex. In doing so, the plan takes the mystery out of when you see your child, provides a minimum schedule of time with the children, and in turn provides you an additional tool to help you to b the best parent possible.

Cut to the Chase: Divorce Mediation

Not every divorce has to be a long, brutal fight in court. If you and your spouse are not on good terms, it may be tempting to take this route in order to make your ex suffer. Most people, however, are less concerned with revenge, and more concerned with keeping their legal fees low and moving on with their lives. If you're in this boat, you probably view the divorce process as a figurative bump in the road that is best moved on from as quickly as possible.

Divorce on Steroids

Being rich changes everything. With the right finances, you can find yourself granted access to a lifestyle of which others only dream. Such a lifestyle often includes extravagant properties, exotic vacations, celebrity friends, and the regular occurrence of opportunities that would typically be deemed "once in a lifetime."

What Your Child Wants Most

While your decision to obtain a divorce may be out of the question, your child may still want you and his other parent to stay together. This trying-and common-dilemma can potentially lead to animosity between you and your children, but this is not your only option. Unless your child harbors bitterness towards you or your co-parent, he or she likely wants you and your co-parent to work together peacefully. Cooperating with the other parent and taking equal responsibility for your child's life and growth will show your child that you still see him or her as an important, valuable part of your life.

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