Blog Posts in November, 2015

Commonly Used Acronyms and Terms in Family Court

Reading about legal matters and family court processes can mean coming across unfamiliar words and abbreviations. The terms and acronyms explained below are commonly used in family court. Arrearage Child or spousal support that is overdue or unpaid. A party that has arrearages is “in arrears.” ATRO’s: Automatic Temporary Restraining Orders Orders that go into effect upon the filing of a petition ...

Update: California Court Orders Destruction of Frozen Embryos

In California’s first decision to address the fate of frozen embryos after a couple’s divorce , a state judge in San Francisco on Wednesday ordered the destruction of five embryos after a man challenged his ex-wife’s right to use them. The woman, Mimi C. Lee, a 46-year-old cancer survivor, argued that she would not have another chance to bear biological children. Dr. Lee, an anesthesiologist, ...

Can Parents Waive Child Support?

Parents often ask if it’s possible to waive child support from their ex-spouse. The reasons for waiving child support vary: Some parents want to come to a settlement as quick as possible, and want to avoid a long argument over the child support amount. Others fear that if they request child support, the other parent will want to increase their custody timeshare , or decrease spousal support . Some ...

When One Spouse Sells the Family Home During a Divorce

California is a community property state . This means that everything acquired during the marriage is considered community property. The marriage starts from date of marriage and ends on the date of separation. If property is not characterized as community property, then it is characterized as one spouse’s separate property. Regardless of the characterization of the property, once a Petitioner for ...

Creating a Parenting Plan

“What a distressing contrast there is between the radiant intelligence of the child and the feeble mentality of the average adult.” – Sigmund Freud Children need love, affection and guidance from both parents. During a divorce , many parents can lose sight of their children’s needs and become more focused on “winning” custody. What they must remember is that their children cannot be won and ...