Custodial Timeshares: Creating Schedules That Work

In California, there are two types of child custody orders: legal and physical. The latter calls for the establishment of custodial timeshare agreements, which indicate how much time each parent spends with their children and, consequently, how much child support the parent with primary custody is entitled to receive. If a parent has sole physical custody, then the child lives with them and unless circumstances Read More

The Difference Between Legal Custody and Physical Custody

Child custody cases can be confusing, and one of the questions we’re often asked is, “What is the difference between legal custody and physical custody?” Here’s our explanation. Both of these terms have to do with the parent’s, or legal guardian’s, rights regarding their children’s care. These child custody issues generally become an issue during a divorce, when new arrangements must be made regarding the Read More

Divorcing in California When Married Abroad

A frequently asked question in my family law firm: “I am Hindu, married in India. Can I get a divorce here?” In the years that I have been operating my law firm, the same questions have come up, time and time again. One of these common questions is regarding whether a couple can get a divorce here in the United States, if they were married in India. I’ll answer this question here, and explain exactly why it is the Read More

Moore Marsden Calculations: Dividing the Family Home in a California Divorce

Dividing the family home is arguably one of most of the most complicated and contentious parts of a California divorce. The matter of division becomes even more difficult when one spouse bought the home while single and had a mortgage that was partly paid off during the marriage. California family law grants the right for one spouse to be reimbursed for either (or both) of the following: Separate property Read More

The Benefits of Mediation in a Child Custody Dispute

Here’s a few reasons why mediation is beneficial in many divorce cases, especially those that involve child custody and visitation. Divorce is rarely an easy undertaking, but it becomes far more difficult when there are children involved. Luckily, there are ways to make the process go more smoothly. Mediation is one of these ways. What is Mediation? Mediation is when parents hire a neutral, confidential third Read More

The Dangers of Domestic Violence, and How You Can Help

What is domestic violence? Domestic violence occurs when physical assault and battery, willful intimidation, threats, controlling, and other harmful behaviors occur between people in a committed relationship. Both husbands and wives can suffer from domestic abuse, and if there are children in the home, the children often suffer as well—whether firsthand or secondhand. The dangers of domestic violence can be dire: Read More

California Division of Assets: How Restricted Stock Units Are Treated in a Divorce

Restricted stock units (RSUs) are becoming a more common type of equity compensation for California employees. Instead of getting the stock immediately, they receive it according to the terms of a vesting plan and distribution schedule after remaining with the company for a certain amount of time or achieving performance milestones. Upon vesting, they are considered income and a percentage is withheld to pay taxes. Read More

California Child Support: The DissoMaster

No one can deny that parents must support their children, so child support is a mandatory component of a divorce action. However, the exact amount ordered was a serious point of contention at one time when child support amounts were mostly at the discretion of the court. A California judge would review combined parental income and make an arbitrary decision on which parent should pay and how much. Without firm Read More

Guest Blog: What You Can Do to Create an Amicable Divorce?

By Michelle Farris Every parent worries about what divorce will do to their kids. It may keep you up at night or prevent you from leaving the marriage. But there are some things you can do to lessen the impact. Once you’ve decided to divorce creating a positive connection with your ex is the next best thing you can do. This blog will show you how to do that. Of course you may be saying “But you don’t know Read More

What You Need to Consider When Preparing a Visitation Schedule

Children of divorce can often have difficulty adjusting to the changes that come from their parents separating. When working out custody issues, it’s best to keep in mind that your child’s preferences and needs should be a top priority. There are many variations to a visitation schedule, allowing parents to get creative and adopt a routine that works well for everyone. Here are a few important elements to remember Read More