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Divorce Mediation: Because No One Wins in Divorce

Divorce mediation: because no one wins in Divorce.

Family law is the area of law that governs the issues arising from the end of relationships.

There is no sugarcoating divorce: It sucks, and there are no winners.   I hear these phrases a lot in my practice: “It’s not fair, it’s not my fault!” “Why does he get half of the house?” “Why should I share the children when she’s the one who cheated on me?”  “What do I get out of this divorce?”

Preliminary Declarations of Disclosures: Be Diligent!

Preliminary Declarations of Disclosures (PDD’s) are exchanged within 60 days of the filing of the case, and are MANDATORY.  The Judgment cannot be entered without filing proof that you have properly exchanged these.  It is the law and you cannot bypass this requirement.  You may be inclined NOT to disclose an asset that you believe your spouse has no knowledge of.  This is a bad idea.  Your spouse’s lawyers has many methods and tools for retrieving information on your assets and debts.

No, California Does NOT Have Common Law Marriage

No, California does NOT recognize Common Law Marriage!

Common law marriage is when 2 people have lived together, acted in a manner suggesting they are married – for so long and in such a manner that the State recognizes and confers them the same rights of those who are legally married.  Currently, nine (9) states recognize common law marriage: Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, South Carolina, Texas,  and Utah.  (and New Hampshire for probate purposes).

California does NOT have common law marriage. 

Divorce and Custody of the Special Needs Child

Nothing is more challenging than going through a divorce with a special needs child.  Special considerations must be made.

· Which parent has been the primary caregiver since the special need or disability was diagnosed?

·  What is the daily schedule of the child?   What are the daily schedules of each parent?  Will either or both parents will be available for care for the child for all of his/her appointments?

· Are both parents involved in the child’s daily care: therapy,

The Misconception of No-Fault Divorce

The greatest misconception of no-fault divorce is that “fault” doesn’t matter in a marriage.  Several of my clients have interpreted this to mean that in the past, they would have “received more” if they can prove their husbands cheated.

This is incorrect.  The “fault” and “no-fault” as referred to in divorces has nothing to do with who is right or wrong.  Rather, it applies to the legal standard with which you can obtain a divorce.

Prior to 1969,