Can you force one spouse to move out of the house or do you have to stay together? How does that work, regarding somebody’s home?
Legal Issues
Do both spouses have equal rights to being in the house?
They are both equal occupants with equal rights in that piece of real estate and everybody is entitled to have a roof over their heads. If there’s only one roof, then the spouses have to learn how to uncomfortably co-exist under that one roof while the divorce is pending. I find, as a matter of […]
Do children ever appear in court to testify in custody cases?
That is very, very, very rare. Most judges and family law layers would say that the worst place you can put a child is on a witness stand in a courtroom where that child is forced to testify right in front of mom and dad. The potential for emotional damage is overwhelming and we really […]
How is custody of the children handled in a divorce? What’s the process for that?
Remember that everything in a divorce is negotiable. We would certainly hope that, through negotiation, the parents themselves could come up with their own solutions for their children. Who better to decide the fate of children than their own parents? Unfortunately, that doesn’t always happen because we see thousands of cases in courtrooms in California […]
How long does a divorce normally take?
Every divorce is unique, but the average length of time that they can expect to have their case pending in the California court system is eighteen to twenty four months. Now, that sounds like an awful long time and I have to explain that the case isn’t in front of a judge for that entire period […]
In cases involving an extramarital affair, is there any remedy for what money might have been spent as a result of that affair?
In cases involving an extramarital affair, is there any remedy for what money might have been spent as a result of that affair? Can the innocent spouse get some of the money back?
What does neutrality mean in the context of mediation?
Neutrality is different than telling the client, or the party of the mediation what he or she wants to hear. And that is where the participants in the mediation sometimes feel that there is a lack of neutrality. In response to information that they don’t want to hear, it’s much simpler to say, “Neutrality is […]
Is there a consequence if somebody doesn’t disclose assets and they are found out as not having disclosed those assets?
Absolutely, and they can be quite severe under California law. For the most part, California is what is called a no-fault state. The court isn’t going to spend a lot of time asking why the parties are going to get divorced. They are just going to accept the representation that the marriage is at an […]
What happens when one spouse has been the stay-at-home spouse and the other one has been out working…
What happens when one spouse has been the stay-at-home spouse and the other one has been out working, and the one that’s working feels they shouldn’t have to give half of their assets to their spouse. Is there anything they can do about that?
Podcast: How do I know if my spouse and I are good candidates for divorce mediation?
Is there a criterion for how a mediator would qualify someone as an ideal candidate for mediation?
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