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Recent Posts in Family Law Category

  • How Do You Divide a Business in a Divorce?

    What happens to a family business during a divorce ? If this question keeps popping up in your head, you are not alone. In California, a business is considered an asset, which is subject to division during a divorce if considered marital property. Determining the value of a business requires the assistance of seasoned professionals, including accountants and appraisers. Today, we go over the ...
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  • Reasons a Judge Will Modify Child Custody in California

    What happens if you need to change your child custody order in California? Certain court orders are modifiable by the California courts after a final judgement has been made. The most common areas for post-judgment modification of orders include child custody/visitation orders, child support orders, and spousal support orders. Today, we go which reasons are acceptable for requesting a modification ...
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  • How to Practice Self-Care While Going Through a Divorce

    If you are going through a divorce , you may be feeling overwhelmed, exhausted, and emotional. These feelings may come and go and intensify during certain parts of the divorce process. It is totally normal to feel some sort of emotional fallout or like even the most mundane tasks are hard to complete. So, how do you get through this time in your life? Practicing daily self-care can help you make ...
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  • FAQ: Child Support

    At Myers Family Law, we understand that child support cases can be difficult to navigate if you aren’t familiar with the law. Below, we answer some of the common questions that our clients frequently ask us about child support matters . Question #1: How Do Courts Calculate Child Support? Judge’s use both parent's net disposable income to calculate how much child support is appropriate for the ...
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  • Can I Get a Restraining Order Removed?

    Restraining orders are usually issued by courts in cases involving domestic violence , sexual assault, assault and battery, harassment, and stalking. Restraining orders are used to prevent an alleged abuser from being able to contact, visit, or come near a protected party. When a restraining order is issued and the defendant and victim still live together, then the order basically forces the ...
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  • The Importance of Consistent Rules for Kids After a Divorce

    Raising children can be a challenge even under the best of circumstances. For divorced parents, it is often exponentially more difficult. Creating consistent rules and routines across both households can help minimize potential conflicts between you and your former spouse as well as your children. Moreover, the presence of stability in your children’s lives will reduce their anxiety and fears ...
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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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  • 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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