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What if I Don’t Want a Divorce?

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If your spouse has indicated that they want a divorce, or if you have been served with divorce papers, but you don't want a divorce, there are a couple of options for married couples, both with and without the Court's involvement. Licensed Marriage and Family Therapist (LMFT) Licensed marriage and family therapists (also commonly known as marriage counselors, marital therapists, family counselors, or family therapists) are trained to aid couples with difficult relationships or marriages move forward in their relationships. This could mean working to stay married or, if necessary, help both you and your spouse talk about a new life as...

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Is There An Age Child Can Refuse Visitation California?

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in Visitation Rights

Children can decide where to live only when they turn 18. It is a myth that children can choose which parent to live with once they reach 12 or 14 or even 16. Family court must consider all factors when there is a contested custody issue, but a child's stated custodial preference is a strong factor in California Courts when making custody and visitation orders. California law states that a child can express their preference regarding custody and visitation so long as they are of sufficient age to state an intelligent preference regarding the visitation arrangement. Normally a mediator will interview the...

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What is Supervised Custody in California?

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in Child Custody, Divorce

Supervised custody, often called supervised visitation, is where a non-custodial parent is monitored during their parenting time by a third party. The Court generally starts with a presumption that it is best for the child to maintain contact with both parents, but If there is any concern to the safety of a child, a judge may order supervised visits. There are many reasons why a judge might make a court order for supervised visitation, such as allegations of physical or sexual abuse of the child, mental illness of a parent, domestic violence, or concerns about a parent's suitability. THE BEST INTEREST OF THE...

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Dividing Property In a California Divorce. Is Everything Split 50/50 In a Divorce in California?

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in Divorce

Why is Community Property Important? Generally, anything that the Court determines to be community property or community debts are divided equitably in a California divorce. Read on to better understand how living in a community property state could impact your divorce in California. There are nine community property states in the U.S., and California is a community property state. Here, there is a presumption that property, debts, and other assets acquired by a married couple during the marriage are community assets. In plain language, community property is assets and debts acquired that each spouse owns an equal, one-half interest in. Most assets acquired during...

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Considering a Divorce? Read This First

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in Divorce, Divorce Law

Can you think of anything quite as emotion-draining, anxiety-inducing or stress-enhancing as a divorce? Among the most displeasing, uncomfortable things in life we have to deal with as adults, the process of separating after marriage ranks up there with the worst…and for good reason. Add children into the mix, and you have a recipe for unimaginable angst, jealousy, rage and a whole plethora of other emotions. But in some rare circumstances, this can be a relatively placid process, particularly if a couple doesn’t have children or many assets together; still, it will always involve a myriad of rules and paperwork –...

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The Basics of Visitation Rights as They Relate to Child Custody

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in Child Custody, Visitation Rights

Couples with children will be faced with several important decisions to make in the event of a divorce or separation proceeding, and this can run the gamut from who will gain custody of the children to what type of custody rights each parent will retain and, depending on the situation, the arrangements regarding children visitation. In a general sense, the term “child custody” refers to the legal rights and responsibilities that a parent has over the control, care, and upbringing of a child; into this foray comes the further complexity of ways to split custody rights, something we here at McKean...

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Domestic Abuse Against Men: It Happens More Often Than You Would Think

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in Domestic Violence

With the Johnny Depp/Amber Heard trial all the rage on the networks and in the media these days, we thought it was as good a time as any to focus on domestic abuse against men – a phenomenon that happens more often than people think. Domestic abuse against men isn’t always easy to identify, to be sure, but regardless, it can be just as serious a threat as the more common violence towards women. Domestic violence – sometimes referred to as “intimate partner violence” – takes place between people who are (or who have been) involved in a close relationship, often...

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Alimony and Palimony: What’s the Difference?

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in Alimony, Divorce

Just about everyone has heard the term “alimony,” but “palimony” isn’t quite as well-known to the general public. While the terms sound similar, there is very little about them that are the same. Alimony, in California, referred to as "spousal support" by the court, refers to a court-ordered payment that one spouse pays another spouse as part of a divorce settlement, while palimony is support that is paid to a cohabitating but never-married partner at the end of a relationship. Related: Dividing Assets In Divorce McKean Fun Fact: Palimony is not recognized in California under the family code. If you want support from...

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What You Need to Know About Child Support Laws in California – and the Responsibilities

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in Child Support, Family Law

Child support can be best defined as the ongoing contribution of money to help pay for the living and medical expenses of a child or children until they reach adulthood. The amount that must be paid is known as the child support order, and under federal law, both parents share a legal duty to provide financial support for their children. Of course, the overall goal in these kinds of domestic situations is to let children share in the standard of living both parents engage in, and as such, the court may order either or both parents to pay support. When it...

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What You Need to Know When Divorce is Not Amicable

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in Divorce, Divorce Law

Make no mistake – every divorce causes some kind of pain, namely in the emotional realm, and so-called “amicable” types aren't immune from this. However, an amicable approach is more civil in nature and, as such, involves negotiating instead of litigating; this, of course, brings with it some upsides, such as fewer court visits, less trauma on children, reduced legal costs, and quicker resolution of the separation. In collaborative separations, both spouses retain lawyers, but the attorneys work as negotiators for the two of them, with the negotiations handled outside of the court. When non-amicable cases go to court, the judge...

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