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Recent Posts in Family Law Category

  • Domestic Partnerships in California: What You Need to Know

    In July of 2019, California Governor Gavin Newsom signed legislation allowing heterosexual couples to engage in domestic partnerships. Previous to this legislation, domestic partnerships were restricted to same-sex couples or heterosexual couples over the age of 62. Given this change, couples or individuals interested in an alternative to marriage should know the ins and outs of California's ...
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  • What Are the “Best Interests” of a Child in a Custody Case?

    The best interests of a child are the primary focus of any custody case. It is a term that encompasses a vast array of factors, which a judge will carefully consider before rendering a decision that most effectively supports a child’s best interests. If you are vying for custody of your children, you must familiarize yourself with this term’s meaning, so you can best embody it, giving yourself the ...
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  • How Can I Prepare for My Divorce?

    If you are planning on filing for divorce, there are some crucial steps you must take before you get the ball rolling and filing a complaint. The more prepared you are going into this situation, the smoother the process will be. Moreover, your divorce attorney will better understand your case if you are organized and managed to collect most or all of the necessary documents regarding your ...
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  • What Can I Do if My Ex Fails to Pay Child Support?

    If you and your former spouse have children, you also have a child support order in place, since it is the obligation of both parents to continue to provide financial support. Since children spend the bulk of their time with the custodial parent, the non-custodial parent must faithfully make these child support payments. However, not every parent willingly fulfills this obligation. If your former ...
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  • How Are Debts Divided in a Divorce?

    During the divorce process, all marital assets and property are subject to division. However, in addition to divvying up their assets, spouses must also split the debts they incurred throughout their marriage. Of course, having to divide debt can make anyone uncomfortable, especially if you have concerns about taking on debt that you believe you should not be responsible for. If your debts are not ...
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  • If My Spouse Had an Affair, Will it Affect Custody or Alimony?

    Finding out your spouse cheated on you can feel like a punch to the gut. Understandably, you are probably wondering if this bad behavior will result in any consequences as you move forward with the divorce process. However, as satisfying as it would be to see your spouse suffer some serious penalties due to infidelity, punitive damages are not imposed on unfaithful spouses. That said, there are ...
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  • Reduce Conflicts with Your Co-Parent this Holiday Season

    The holiday season is supposed to be a time of love, joy, and togetherness. In reality, for many, it is often a hectic and stressful time, especially for divorced parents who are learning how to navigate the challenges presented by their new circumstances. One of the most important steps you can take to reduce conflicts this holiday season is to review your holiday parenting schedule so you can ...
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  • Am I Eligible for Spousal Support?

    Spousal support is one of the most confusing concepts in a divorce. Every state has its own rules, which dictate how or if spousal support should be awarded. Therefore, what you might have heard from friends or family members in other states or seen on TV might be entirely different from your situation. If you are employed, you might be particularly concerned about the impact it might have on your ...
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  • How is Child Support Determined?

    In California, the court determines how much the noncustodial parent will pay every month to the custodial parent for the expense of raising their children. It is done based on the state’s guidelines and an examination of each party’s sources of income. Although this legal process seems clear-cut, it is also inherently emotional, which often makes this matter substantially challenging. Child ...
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  • Co-Parenting, Part 2: What Can I Do if My Ex Breaks the Child Custody Order?

    Last week , we discussed ways for former spouses to rebuild their relationship as co-parents. For the second half of our two-part blog series, we will review your legal options when dealing with an uncooperative co-parent. Co-parents should not constantly use the court system as a referee in their relationship, but there are some circumstances in which legal action is the only way to protect your ...
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  • Co-Parenting, Part 1: Working on Your Relationship with Your Co-Parent

    This month, Myers Family Law is focusing on co-parenting relationships in a two-part blog series. Today, we are discussing the importance of rebuilding your relationship with your co-parent. If you have a dysfunctional relationship with your former spouse, your first instinct might be to take the issue to court. However, you should first consider working on rebuilding trust in your relationship to ...
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  • Common Financial Concerns in a Gray Divorce

    A gray divorce , which involves spouses over the age of 50, is unlike most other divorces, given the unique issues older individuals face. If you are over the age of 50, you are closer to the age of retirement and, unlike younger individuals, you will not be able to financially bounce back as easily. Therefore, divorcing later in life is substantially more complex and requires the experienced ...
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  • Mistakes That Can Raise the Cost of Your Divorce

    It is no secret that divorcing your spouse can sometimes be a little pricey. If it goes through litigation, involves a substantial amount of assets, or a family business, things can get particularly hairy. However, you can keep the cost of your divorce down by avoiding certain mistakes and hiring an experienced divorce attorney. Save Yourself Money by Avoiding These Mistakes The divorce process is ...
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  • How to Professionally Address Your Divorce with Your Boss

    Divorce is a very personal topic, but despite the private nature of it, it would be a good idea to have a conversation with your boss regarding this major life change. Of course, it is not required, but it will be helpful to keep your boss informed since you will likely have to miss some time from work to attend mediation sessions or court dates. Keeping your boss in the know will ensure you do ...
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  • Tips to Remain Productive at Work During the Divorce Process

    Going through a divorce is rarely an easy experience for anyone, even under the most amicable circumstances. As a result, it might seem like a challenge to stay focused at work and continue to be productive. The last thing you need at this time is for your job to be compromised because you are going through a difficult personal situation. Unfortunately, it is easier said than done. It might feel ...
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  • The Benefits of Choosing a Collaborative Divorce

    If you are going through a divorce, you might be anticipating a long and combative courtroom battle with your soon-to-be former spouse. However, the truth is that many divorces are actually able to settle out of court through other, less adversarial means, such as collaborative divorce. Collaborative divorce, much like mediation, gives spouses the power to negotiate the terms of their divorce ...
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  • Why Do Some Choose to Legally Separate Instead of Divorce?

    Choosing between legal separation and divorce is a very personal decision that must be made based on the circumstances of a couple’s situation. In some cases, legal separation might make more sense for a couple instead of divorce. Although many of the same issues are addressed during the separation process, the two options still have some very distinct differences that play a role in a couple’s ...
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  • Who Has the Advantage in a Move-Away Case?

    Move-away cases arise after a divorce has already been settled, and both spouses have agreed on matters such as child custody and visitation . As circumstances change, one parent may decide that it is more beneficial for themselves or for the child to pick up and move elsewhere. However, one may not simply relocate with their child to another city, country or state without ensuring this move is in ...
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  • Is It Difficult for Stepparents to Adopt?

    When two parents go through a divorce and one of those parents later chooses to remarry, the child’s new stepparent often wants to legally adopt the child . This can be a joyous occasion, in which a new family finally becomes whole in the eyes of the law. However, it can also be a difficult area to navigate legally, depending on the feelings of the child’s other biological parent. While a ...
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  • Can I Change My Mind and Divorce After Separation?

    In practice, legal separation shares a number of similarities with divorce – but in the legal system, these are two different processes with unique requirements. Fortunately, California law allows couples to convert a legal separation into a divorce, or to change their minds during the separation proceedings. However, it can often be tricky to navigate this kind of change without the help of a ...
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  • When Can I Modify a Child Support Order?

    Once a court has ordered you to pay regular child support, you are legally obligated to make those payments. But what happens if you lose your job, or face another serious obstacle to paying support? While it can be difficult to change these payments, the state of California does allow you to petition for child support modifications if your financial circumstances change. Whether you’re the one ...
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  • The Difference Between Annulment & Divorce in California

    When English ruler Henry VIII left his wife for noblewoman Anne Boleyn, it became one of the most infamous and controversial divorces in history. However, this famous split was technically not a divorce at all: It was an annulment. Although the modern American legal system bears little resemblance to Tudor England, divorce and annulment are still considered distinct legal concepts. At Myers Family ...
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  • Key Factors in Child Custody Decisions

    Child custody cases can be the most difficult and emotionally exhausting part of any divorce. Because of the high stress and emotional strain put on children when their parents separate, courts are legally and morally obligated to always put the child’s best interests first when determining child custody arrangements. However, there are also a few other factors that you’ll want to keep in mind ...
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  • What Are the Different Types of Spousal Support?

    Once almost exclusively called alimony, the process of requesting money from your spouse after a divorce has gone by many names over the years. From alimony to spousal maintenance to spousal support, these terms can be dizzying – and confusing, especially for non-lawyers. Although these terms mostly mean the same thing, there are some slight differences in the types of spousal support a judge can ...
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  • Identifying Common Abuser Tactics

    When you’re in an abusive relationship, you may doubt yourself and your own feelings. That’s because abusers attempt to control others by instilling self-doubt, and using emotionally manipulative tactics to supplement their use of physical violence. But how can you identify abusive patterns of behavior, and learn how to find freedom from the cycle of abuse? At Myers Family Law, our Granite Bay ...
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