California Divorce

Published on: January 23, 2015

The Two White Elephants in Almost Every Child Custody Case

I would be filthy rich if I were given a dime for every time I was asked two questions: 1) How long is my child custody case going to take; and 2) How much is my child custody case going to cost me. My answer two these two questions have always been and will always be: “I don’t know.”

Only by acknowledging the White Elephants in a custody case can one better grasp how long and how much their custody case will cost. Make a cup of tea or coffee and continue reading. This blog article just might save you thousands of dollars in legal fees and therapy bills! Continue reading →

Published on: March 29, 2013

Child Custody— California Courts Consideration in Making Custody Awards —Part 3: Contact With Parents and Siblings, and Use of Controlled Substances or Alcohol

By Linda C. Garrett

This is the third entry in my blog series “California Court’s Consideration in Making Custody Awards.” As stated in Parts 1 and 2, (links) I am writing this series due to the number of emails and calls I receive in my California Family Law Practice on a weekly basis from California parents regarding custody cases. It’s my hope to help shed a little light on this issue so that my reader is better able to navigate his/her way in the legal system regarding their custody case. This blog focuses on issues relating to Contact With Parents and Siblings, and Use of Controlled Substances or Alcohol. These issues, and many others, are factors a California family-law judge will look at when making a determining on custody. Continue reading →

Published on: February 28, 2013

You Are in the Middle of a Divorce and You Just Found Out Your Spouse Sold the Community Property Home

By Linda C. Garrett

First, a little lesson on California law: California is a community property state. That means that everything acquired during the marital period is considered community property. The marital period starts from date of marriage and ends on date of separation. Now, for most folks, date of separation is a no-brainer. And for others, ascertaining the date of separation is not so easy. For this discussion, we will assume that husband and wife agree on what the date of separation is so that there can be no confusion of whether or not a party engaged in willful behavior. Property is characterized as either community property or separate property. Continue reading →

Published on: June 8, 2012

California Divorce 101

By Linda C. Garrett

As a California family-law attorney, I take for granted that the law related to family law is simple. For reasons that I need to keep reminding myself, it is important that I remember that not everyone knows the basics of the legal issues surrounding a California divorce. Knowing at least the basics about California law on divorces, is an important first step to understanding your divorce. Continue reading →