Divorce Blog

Latest from the Divorce Blog


What Are ATROS?

Automatic Temporary Restraining Orders (referred to as “ ATROS” for short) are mutual restraining orders found in Family Code Section 2040. ATROS automatically go into effect with the commencement of a dissolution action. The Petitioner is bound by the ATROS immediately upon the filing of the Petition and Summons, and…

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Three Tips to Completing Your Financial Disclosures

Completing your financial disclosures can seem daunting, but it is an important part of the divorce process. Here are three things you need to remember about financial disclosures in order to make sure that you complete them correctly and in a timely manner: TIP #1: It’s Your Duty! You and…

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What does “No-Fault” Divorce Mean?

California is a “no fault” divorce state, meaning the party filing for divorce does not have to prove wrongdoing on behalf of their spouse in order to get divorced. So in California, you don’t have to prove that your spouse had an affair or abandoned the marriage, you simply have…

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Do I Qualify for Summary Dissolution?

Summary dissolution is a simpler and faster way to get divorced in California. While most couples in California are not eligible for summary dissolution, spouses who do qualify can save on the time and expense of regular divorce by filing a joint petition for summary dissolution. In addition to meeting…

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When is the Right Time for Divorce Mediation?

If you and your spouse have determined that you cannot reconcile and you would like to move forward with the divorce process, you may agree that divorce mediation is an attractive alternative to the traditional adversarial system of litigation. The next question to consider is, “when is the right time…

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How to Find the Right Mediator or Attorney

Finding the right mediator or attorney to assist you is one of the most critical aspects of the entire mediation or litigation process. Here are three easy steps to help ensure that you choose the right professional(s) for you. 1). Do your research. When you begin your search for mediators…

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Is Divorce Mediation Right for Me?

Divorce mediation has become a popular alternative to litigation over the past few decades. As more and more divorcing couples are recognizing the attractive benefits that mediation provides, some couples are asking, “how do we know if this is the right process for us?” Here are three questions to consider…

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Why Can’t Mediators Give Legal Advice?

One of the most frequent questions I am asked when helping clients through their divorce is why I can’t provide legal advice as their mediator. It’s a fantastic question because after all, I am a licensed attorney in the state of California and I know the answer to their legal…

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Talking to Your Children About Divorce

Divorce is hard on the whole family, especially the children. As confusing as it may be for you and your divorcing spouse, your kids are grappling with their own emotions and need to talk to you. Children often lack the coping skills needed to deal with the changes brought about…

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Marital Reconciliation Among Divorcing Parents

Research suggests that in about 45% of couples, one or both partners were hopeful that the marriage could be saved. A recent study on the interest in marital reconciliation among divorcing parents revealed men were more hopeful in saving the marriage than women: 1 in 3 men indicated “yes” or…

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Real Housewife Porsha Stewart Heads for Divorce

According to Access Atlanta, former NFL player Kordell Stewart has filed for divorce from Real Housewives of Atlanta’s Porsha Stewart. The couple was just shy of reaching the two year mark; they were married on May 21, 2011. Viewers may find the news surprising because Porsha Stewart just recently appeared…

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What is Pet Mediation?

Part of divorce is determining child custody. Divorcing spouses can meet with a divorce mediator to create a parenting plan that both parents can agree is best for their children. But what happens to a couple’s furry best friend in the event of divorce or break up – is there…

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How Do I Get My Spouse to Try Divorce Mediation?

So you’ve made the decision to move forward with divorce mediation, but your spouse doesn’t want to participate. What are you supposed to do? Well, for starters, think of the reasons why you decided to use divorce mediation. You’ve probably done some research online, talked to friends who’ve been through…

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4 Common Misconceptions About Prenups

Let’s face it, prenups have a bad rep. The very idea that a couple would interrupt their pre-marital bliss to discuss finances and “what-ifs” seems reprehensible. After all, who would want to take a break from wedding cake tastings and dress shopping to talk about money? More importantly, who would…

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What is the Difference Between Divorce and Legal Separation?

Ever wonder what the difference is between divorce and legal separation? Here are five things that you need to know before you make any decisions: (1) Legal separations take effect immediately. In comparison, California law requires a mandatory waiting period of six months in order to get a divorce. This…

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Building a Collaborative Divorce Team

We’ve all heard of the proverb, “it takes a village to raise a child.” But did you know that it also takes a village to get through a divorce? Divorce is a tough process because while it is emotional and painful, it shouldn’t be rushed. The decisions you make in…

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What is a Prenup?

A premarital agreement (also known as a prenuptial agreement or “prenup”) is an agreement you and your future spouse enter before marriage that becomes effective upon marriage. There are two types of premarital agreements that couples typically create. The first type of premarital agreement has a default of no community…

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Why Celebrities Choose Divorce Mediation

In our age of social media, celebrities have to deal with having both their personal and career lives picked apart. As most recently demonstrated by reality TV star Bethenny Frankel’s filing for divorce, celebrity divorces are fodder for the tabloids. Unfortunately, the level of negative attention received from leaked details…

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How is Child Support Calculated?

In California, both parents of a minor child are responsible in financially supporting their child. Child support is the ongoing monetary expenditures and payments needed to cover a child’s living and medical expenses. So how is child support determined in California? The law provides guidelines based on each parent’s net…

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Celebrating the Holidays After Divorce

The holidays are a time when everything slows down and we have the opportunity to spend quality time with our children. But what happens after or in the midst of a divorce, when the holidays come around and you and your former spouse can’t agree on who gets the children?…

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