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Can You Lose Custody for Not Co-Parenting in California?

Co-parenting after a separation or divorce can be challenging, but it’s a necessary part of making sure your child thrives. Sometimes, parents struggle to cooperate, and this typically leads to bigger issues—especially regarding child custody.

So, can you lose custody for not co-parenting in California? The short answer is yes, it’s possible, and we’ll explain why.

The Importance of Co-Parenting in California

Co-parenting is essential in California custody cases, as it promotes a stable and supportive environment for the child. Courts favor arrangements where both parents work together, showing they prioritize the child's well-being over personal conflicts.

The Best Interest of the Child

In California, family courts are guided by one central principle: the best interest of the child. Judges look closely at how well each parent fosters a healthy, stable environment when making decisions about custody. One key factor is whether parents are willing and able to co-parent effectively.

Courts generally believe that children benefit from having strong relationships with both parents. This is why California law encourages shared custody and frequent contact with both parents, as long as it’s in the child’s best interest.

If one parent refuses to cooperate or makes it difficult for the other parent to be involved, it can negatively affect their standing in custody matters.

The Expectation of Cooperation

You must work together, even if you and your ex don’t see eye to eye on everything.

This includes communicating about your child’s needs, respecting the other parent’s time with the child, and making decisions together when necessary. The court expects both parents to put aside personal differences to create the best environment for the child.

Parents who actively work against each other or refuse to share important information about their children are not considered to be fostering a healthy co-parenting relationship. When this happens, it can raise red flags for the course, and when parents fail to meet these expectations—it can result in unfavorable consequences.

The Impact of Non-Cooperation

Non-cooperation in co-parenting can lead to serious consequences. Courts want to see that each parent is doing their part to make sure the child has a strong, positive relationship with the other parent.

If one parent consistently undermines that, the court may take action to protect the child’s well-being.  Neglecting to co-parent could be viewed as harmful to the child, and in extreme cases, it may result in changes to custody arrangements.

When Non-Cooperation Affects Custody

Non-cooperation in co-parenting can negatively impact custody arrangements, as the court views it as harmful to the child.

Examples of Problematic Behavior

Not co-parenting effectively doesn’t necessarily mean you’re going to lose custody overnight, but certain behaviors can hurt your case. Here are some examples of non-cooperative behavior that courts may take into account when deciding custody cases. :

  • Refusing to share information: If you’re not keeping the other parent informed about important aspects of your child’s life—like medical issues, school events, or extracurricular activities—that can be seen as a lack of cooperation.
  • Limiting visitation without cause: Consistently denying the other parent’s right to visitation without a valid reason can be considered interference and negatively impact your standing.
  • Making unilateral decisions: If you’re making major decisions about your child’s education, health, or religious upbringing without consulting the other parent, this can be viewed as disregarding the co-parenting arrangement.
  • Parental alienation: If you’re actively trying to turn your child against the other parent—by badmouthing them or discouraging the child from spending time with them—the court may see this as harmful and take action.
  • Ignoring court orders: Violating existing court orders about custody or visitation can result in serious repercussions, including modifications to your custody rights.

Consequences of Failing to Co-Parent

Poor co-parenting can lead to serious consequences, including changes to your custody arrangement.

Modification of Custody Orders

If your failure to co-parent is significantly harming your child or disrupting the other parent’s ability to maintain a relationship with the child, the court can modify your custody arrangement. This might involve reducing your time with the child or placing restrictions on your custody, such as supervised visitation.

Loss of Custody

In extreme cases—such as repeated violations of court orders or severe parental alienation—the court may take more drastic measures. If your actions are determined to be damaging to your child’s well-being, you could lose custody altogether, with the court awarding sole custody to the other parent.

Other Legal Repercussions

Failing to co-parent effectively could also lead to other legal issues, such as being held in contempt of court for violating custody orders. In some cases, failure to cooperate may be seen as neglect if it harms the child. These legal consequences can be severe and have lasting effects on your custody rights.

Seeking Legal Guidance

If you find yourself struggling with co-parenting, it’s important to seek legal guidance sooner rather than later. An experienced family law attorney can help you understand your legal obligations and work with you to find solutions that keep your custody arrangement intact.

They can also help you address any concerns about the other parent’s behavior, such as filing motions to enforce visitation or address non-cooperation.

Alternative Dispute Resolution

If co-parenting conflicts are becoming too much to handle, you might consider alternative dispute resolution, which include methods like mediation or collaborative law, may offer a way to resolve conflict without going to court.

Moreover, this could help to improve communication for the child’s sake.

Facing Co-Parenting Challenges? We Can Help

If you don't know how to go about co-parenting or are worried that your custody arrangement is at risk, Holstrom, Block & Parke, APLC is here to help.

With over 300 years of combined experience in family law, our team of Certified Family Law Specialists understands the complexities of co-parenting and custody issues in California.

We can help you address any legal challenges you’re facing, whether it’s ensuring your custody rights are protected or advocating for changes if the other parent isn’t cooperating.  Contact us at (855)-426-911 we're here to provide the guidance you need to navigate these tough situations and protect your child’s well-being.

Co-Parenting

How to Legally Avoid Spousal Support Payments in California

Spousal support, or alimony, is often one of the most contested issues during a divorce. Being financially responsible for an ex-spouse long after a marriage has ended can seem unfair, especially if the relationship concluded on less-than-amicable terms.

However, you can possibly minimize or even legally avoid alimony payments in California. The state’s spousal support laws can provide pathways for freeing yourself from questionable alimony payments.

Holstrom, Block & Parke, APLC brings over 300 years of combined experience to the table and is backed by numerous Certified Family Law Specialists who are well-versed in California’s nuanced legal matters.

With our deep understanding of family law, we’re here to guide you through the complexities of spousal support and help you explore strategies that might work in your favor.

Let’s explore some options together.

Strategies to Legally Avoid or Minimize Spousal Support in California

Minimizing or potentially avoiding spousal support is at the forefront of anyone’s mind when facing divorce. Below, we explore several strategies that could help you achieve this goal, each rooted in California law and aimed at protecting your financial future.

Prenuptial and Postnuptial Agreements

One of the most effective ways to preemptively address spousal support is through a prenuptial or postnuptial agreement.

By clearly outlining the terms of spousal support (or the lack thereof) before or during the marriage, both parties can avoid disputes later on.

These agreements need to be drafted with care and precision, considering the specifics of California law.

As per California Family Code Sections 1610-1615, prenuptial and postnuptial agreements must meet certain criteria to be enforceable.

Both parties must fully disclose their assets, and each generally must have independent legal counsel to ensure the agreement is not only fair but also legally binding.

If these requirements are met, these agreements can significantly reduce or even eliminate spousal support obligations.

Demonstrate Spouse's Ability to Be Self-Supporting

Another approach to minimize or avoid spousal support is to demonstrate that the other spouse is fully capable of supporting themselves.

This can involve showing that your spouse has a significant earning capacity, is currently employed, or has moved in with a new partner who contributes to their living expenses.

California Family Code Section 4320-23 specifically addresses such situations, noting that cohabitation or the ability to be self-supporting can be grounds to reduce or terminate spousal support.

For instance, if your ex-spouse is in a stable, long-term relationship, you might argue that their new partner’s financial contribution reduces or negates the need for spousal support from you.

Shortening the Length of Support

The duration of spousal support can also be negotiated. In marriages that lasted less than 10 years, California law generally limits the duration of spousal support to half the length of the marriage.

This means that if you were married for eight years, you might only be required to pay spousal support for four years.

However, even in longer marriages, it is possible to negotiate a shorter duration. By proposing a lump-sum settlement or offering to provide temporary support until your ex-spouse becomes self-sufficient, you can sometimes avoid a lengthy spousal support obligation.

Focus on Equitable Distribution of Assets

Another method to reduce or avoid spousal support is through the equitable distribution of marital assets. By ensuring a fair and balanced division of property, you can argue that your ex-spouse doesn’t require additional financial support.

Under California Family Code Section 2550, all community property must be divided equally. However, if your spouse receives a substantial share of the marital assets, it might be possible to reduce or eliminate the need for ongoing spousal support payments.

For instance, if your ex receives the family home or a significant portion of retirement accounts, you could argue that these assets should offset any need for spousal support.

Seek Legal Guidance from Experienced Attorneys

Navigating the complexities of spousal support requires more than just a basic understanding of the law.

It involves strategic planning and, often, a thorough understanding of financial and personal circumstances. This is where an experienced family law attorney becomes indispensable.

At Holstrom, Block & Parke, APLC, our team of attorneys brings over 300 years of combined experience to the table. We understand the intricacies of California’s family law system and have successfully helped many clients minimize or avoid spousal support obligations.

Our Certified Family Law Specialists are well-versed in crafting agreements and negotiating settlements that protect our clients' financial futures.

Addressing Common Concerns about Spousal Support

Is Spousal Support Mandatory in California?

No, spousal support is not mandatory in every California divorce case. Whether or not spousal support will be awarded depends on a variety of factors, including the length of the marriage, the standard of living during the marriage, and each spouse's ability to support themselves post-divorce.

Courts consider all relevant circumstances before deciding on spousal support, and it’s not guaranteed in every case.

Can Spousal Support Be Modified or Terminated?

Yes, spousal support can be modified or even terminated under certain circumstances. If there has been a significant change in either party’s financial situation, such as a loss of income or remarriage, the court may adjust the support amount.

To request a modification, you would need to file a formal motion with the court and provide evidence of the changed circumstances.

What Happens if My Spouse Cohabits with Someone Else?

If your ex-spouse begins living with a new partner, it could impact your spousal support obligations. California law recognizes that cohabitation often reduces the financial need for spousal support, as the new partner may contribute to the household expenses.

This could lead to a reduction or termination of spousal support payments, but it would require a formal request to the court.

Don't Navigate Spousal Support Alone: Let Us Help

The complexities of spousal support laws in California are not something to tackle without proper guidance.

Whether you’re facing a potential obligation to pay spousal support or seeking to minimize or avoid these payments, understanding your options is crucial. At Holstrom, Block & Parke, APLC, we’ve seen firsthand how overwhelming these challenges can be.

Our team of experienced family law attorneys is committed to providing personalized guidance tailored to your unique situation. Our attorneys will work tirelessly to protect your rights and ensure the best possible outcome for your financial future.

If you’re concerned about spousal support and want to explore your legal options, don’t hesitate to reach out. Call us at 855-939-9111 or contact us online today to schedule a consultation.

Child Support

Can You Waive Your Right to Alimony in a Prenuptial or Postnuptial Agreement in California?

Alimony—which is officially known as spousal support under California law—can be difficult to predict even when parties believe they have established a legal contract covering the issue. In theory, it is possible for someone who is planning to get married to waive their right to seek alimony if the marriage ends in divorce. It is also possible for someone who is already married to agree in a postnuptial agreement not to seek alimony in case of divorce. But courts will not always uphold these agreements.

Whether you are preparing for marriage or contemplating divorce, it is important to understand how marital agreements can affect the ability to obtain alimony.

Attorneys Should Be Involved in the Creation of an Agreement if You Want it to be Enforceable

California law does not require people who are getting married to work with an attorney when they create a prenuptial agreement. And even though spouses are often giving up defined rights when they execute a postnuptial agreement, an attorney is not required for that either. However, if both parties do not receive advice and guidance from their own independent legal counsel before signing a prenuptial or postnuptial agreement, then certain terms in the agreement may not be enforceable.

Specifically, Section 1612(c) of the California Family Code states that provisions regarding spousal support, including waivers of alimony, are not enforceable if the spouse who would lose out was not represented by their own attorney at the time they signed the agreement. When someone signs a prenuptial or postnuptial agreement without seeking advice from an experienced family law attorney, the court may assume that the fiancé or spouse did not understand what they were signing and what they were agreeing to give up, and the court may then decide that they should not be held to the terms of the agreement. To protect the interests of both parties, each partner should hire their own attorney focused on protecting their interests and review the agreement in detail with that attorney.

Alimony Provisions in a Prenuptial or Postnuptial Agreement Can’t Be Grossly Unfair

If there is a provision in a prenuptial or postnuptial agreement waiving the right to request alimony, or a provision that sets some type of limit on alimony, and the court believes it would be “unconscionable” to enforce this provision, then the provision will have no effect. What does that mean? “Unconscionable” is a legal term that is generally interpreted as grossly or shockingly unfair. It offends the conscience and just seems wrong.

This is a very vague standard, and one that may be hard to assess at the time you are creating a prenuptial or postnuptial agreement because the court will be looking at the circumstances at the time of enforcement, not the time of creation. If a couple had a low income and very simple standard of living at the time they got married but were spending $50,000 a month on basic living expenses at the time of the divorce, the court might find an agreement limiting alimony to $500 a month to be unconscionable and refuse to enforce it. Or if both spouses agreed to waive alimony at a time when they were earning equal amounts but by the time of the divorce one spouse had given up their career to raise children or because of a medical condition, the court might find it unconscionable to prevent that spouse from requesting alimony. No one has a crystal ball to view the future, so provisions that might seem reasonable at the time of the agreement may seem grossly unfair to the court at the time a party gets divorced.

If limitations are based on a percentage of income or average expenses instead of an absolute number, then a court might be less likely to reject it as unconscionable.

Holstrom, Block & Parke Fights to Protect Your Interests in an Alimony Determination

With over 300 years of collective experience protecting clients in California divorce cases, the team at Holstrom, Block & Parke, APLC understands how to create prenuptial and postnuptial agreements in a way that enables parties to understand their rights and with terms designed to remain enforceable. Parties can agree to change the terms of a prenuptial agreement or create a postnuptial agreement after marriage, so if your circumstances have changed and you want to create an agreement that reflects these changes, our team would be happy to assist. Just schedule a consultation to get started. 

Alimony

Legal Separation In California—How Is It Different From Divorce?

Divorce ends a marriage no matter where you go, but legal separation is a concept that is different in every state. So what does it mean in California? Is a legal separation a step on the way to divorce? Is it a separate status? Is it easier to get a legal separation than to get a divorce in California?

Since family law attorneys handle legal separations as well as divorce, the team at Holstrom, Block & Parke, APLC gets a lot of questions about legal separation in California. We can explain the benefits and drawbacks in your particular situation, but here is some helpful background information to consider.

In California, Legal Separation is a Status

Some jurisdictions treat separation as a requirement for divorce while others don’t recognize a concept of “legal separation” at all. California is different. In our state, legal separation serves an actual legal status like, married or divorced.

Because it is a legal status, to become legally separated, you need to go through most of the same formalities as you would for a divorce. Couples who go through the legal separation process have their lives separated with respect to financial matters. One partner may obtain alimony. And if there are children, the court can issue orders assigning custody and visitation time, as well as child support obligations.

The Marriage Remains

When a couple is legally separated, they are still married even though they live apart and have disentangled many aspects of their lives. This means that neither spouse may remarry unless they obtain a divorce.

Some couples choose legal separation for personal or religious beliefs. Others choose to file for legal separation because they can live apart while continuing to enjoy tax benefits and a spouse can still benefit from the other spouse’s insurance coverage. Couples who are legally separated are considered married for Social Security purposes, so some couples might elect to file for legal separation until they have been married for ten years, which would make one spouse eligible for derivative benefits based on the other spouse’s work history. However, time spent in legal separation will not generally count toward the “ten-year rule” for assessing alimony obligations in California because the law allows for the subtraction of time a couple lived apart.

Legal Separation Can Be a Stepping Stone Toward Divorce—But Doesn’t Have to Be

For various reasons, many couples choose to use legal separation as a stage on their way to a divorce, although this is not required in California like it is in some states. One reason couples file for legal separation is that they do not yet qualify for a divorce. To get a divorce in California, at least one member of the couple must have lived in the state for the past six months or more, and they must have been a resident of the county where they are filing for at least three months. There is no equivalent length of residency requirement for a legal separation and no waiting period. One spouse must live in California to file for legal separation, but there’s no minimum time requirement.

Before a legal separation is finalized, it can be changed to a divorce. For instance, the petition can be changed to divorce once the residency requirement is satisfied or if one spouse changes their mind.

You Still Need an Attorney

Even though a couple is legally still married when they obtain a legal separation, they establish legally binding arrangements that affect their lives going forward just as they would in a divorce. That means you need advice and representation from an experienced attorney to protect your interests when you are seeking a legal separation. It is important to understand your rights with respect to:

  • Which property is classified as community and which property is separate
  • A plan for the fair and reasonable division of community property and debts
  • Whether one spouse will pay domestic partner support (alimony), how much payments will be, and how long they will last
  • Whether one spouse will cover insurance or other expenses
  • How tax credits may be allocated
  • Parenting plans for custody and visitation
  • Child support obligations

Once you resolve these issues through a legal separation, your finances will be protected going forward. If you later decide to divorce, it will not be necessary to revisit all of these issues, so the process will be much less difficult than starting a divorce from scratch.

Holstrom, Block & Parke, APLC Helps Secure the Best Terms in Legal Separation and Divorce

If you are considering legal separation, divorce, or both, our team would be happy to explain the ramifications in your particular situation. With 300+ years of experience in family law, we understand the most effective ways to protect your interests. To get started, contact us today to schedule a consultation.

 

General

Divorce Based On Irreconcilable Differences—What Does That Mean?

When you want to get a divorce in California, you need to provide a reason for ending your marriage. However, the reason does not need to involve fault. You don’t have to prove someone did something wrong. You can request a no-fault divorce on the grounds of “irreconcilable differences.”

What does this mean and how do you prove it? As a legal team with over 300 years of combined experience protecting the interests of clients during and after divorce, we have seen a wide range of situations that qualify. In this post, we will explain what irreconcilable differences are in a legal sense and the effect of using these differences as the grounds for your divorce.

Looking at the Statute

To determine legal obligations, it is usually necessary to look at both statutes governing an issue and the way that the courts have interpreted those statutes. With regard to the grounds for divorce, Section 2310 of the California Family Code specifies that there are only two reasons a court can grant dissolution of marriage, which is the official term for divorce. A spouse who wants a divorce must either request a dissolution based on “irreconcilable differences” or “permanent legal incapacity.” Since most divorces take place between spouses who are legally competent and coherent, that means that most divorces in California are based on irreconcilable differences.

The statutory section that lists irreconcilable differences as one of two grounds for divorce describes these differences as factors which “have caused the irremediable breakdown of the marriage.” In the next statutory section, lawmakers further explain that “[i]rreconcilable differences are those grounds which are determined by the court to be substantial reasons for not continuing the marriage and which make it appear that the marriage should be dissolved.”

Neither of these descriptions is very specific. So, to discover what irreconcilable differences are in real life, it is helpful to look at some examples from the courts.

What are Irreconcilable Differences?

The term irreconcilable differences as interpreted in California can include a wide range of circumstances. Essentially anything that can justify ending a marriage can be considered irreconcilable differences.

Some examples include:

  • Disagreements over spending or debt
  • Loss of trust
  • Religious differences
  • Excessive conflict
  • Inadequate communication between spouses
  • Infidelity
  • Disagreement on parenting issues
  • Physical separation due to work
  • Intimacy issues
  • Disagreements over family matters
  • Too much focus on work over personal life

Basically, if you can articulate a reason that you want a divorce, then you can show that you have irreconcilable differences that justify a divorce. You don’t actually need to prove those differences to the court—you just need to tell the court truthfully that such reasons exist. Even if your spouse believes the difficulties can be resolved and disagreements reconciled, if you do not, you can still be granted a divorce.

What Happens When You Divorce on Grounds of Irreconcilable Differences?

One party will start the divorce process when their attorney files a divorce petition in court and legally serves the official paperwork on the other spouse. That party then has a chance to file a legal response.

Both partners will be required to share financial information so that decisions can be made about classifying and dividing property, alimony, child support, and other issues. If your spouse does not want a divorce, they may try to delay the process or refuse to provide information, so your attorney may need to use legal discovery tools to gain the important information.

With that information, attorneys for each spouse can negotiate agreements on all the issues involved. If they can’t reach a mutually agreeable solution on some issues (or any issues) then they will present information to enable the judge to make a decision. Even in a “no-fault” divorce, one spouse can try to bring up bad behavior on the part of the other spouse to try to gain an advantage. It is important to share information honestly with your attorney so that your legal advocate is prepared to make the best arguments to support your goals for property classification, alimony, custody, and other issues.

Experienced Divorce Advocates Work to Secure the Best Possible Outcome in Divorce

At Holstrom, Block & Parke, APLC, we know how to leverage our extensive knowledge and experience into persuasive arguments to gain your objectives in divorce. Irreconcilable differences can make it challenging for spouses to develop mutually acceptable terms for their divorce, but we know how to facilitate productive conversations and negotiate advantageous agreements to achieve a beneficial outcome without unnecessary delays. For a confidential consultation to discuss your needs, call us at  855-426-9111 or contact us online today.

Divorce

When Does Child Support Begin After Divorce?

If you are planning to get divorced and you have children, you know that child support is likely to be a part of your future. Even when parents share physical custody 50/50, the parent that earns more money will probably need to make payments to the parent who earns less in order to maintain the child’s standard of living.

But when does the obligation to pay support begin? If you need support payments to provide a home for your child, when will you start getting money?

Child support is one of the first issues you should discuss with your divorce attorney if you have children under the age of 18. At Holstrom, Block & Parke, APLC, our Certified Family Law Specialists and associates help clients secure the right arrangements for child support, including modifying orders and enforcing obligations when necessary. Here we explain some of the basic guidelines for initiating child support and when courts may deviate from those terms.

Support Obligations Exist from the Day a Child is Born

One crucial feature to understand about California law is that both parents are obligated to support their child financially regardless of whether they are married. The duty to support a child belongs equally to both parents.

However, when one parent has custody of a child, there is an assumption that they are expending money in the child’s care. The parent who spends less time with the child may be expected to pay support to the parent who is with the child more, but support obligations take income into consideration as well as time spent with the child, so it is possible for a parent with a smaller amount of parenting time to still require financial assistance from the other parent to help support the child during the time that child is with them.

Temporary Support Can Be Ordered While a Divorce is in Progress

One spouse can ask the court for temporary child support to help meet needs during the months while divorce terms are being resolved. The support order takes effect after the court holds a hearing on the issue, but the judge can order payments to be made retroactively back to the date the request for support was filed.

Usually, a parent files a support, has a copy served on the other parent, and then that parent has nine days to respond. After that, a hearing is scheduled for the court to determine temporary support obligations.

Even if there is not a divorce case in progress, one parent can request temporary support in an emergency situation, such as if the parent takes the child out of the home to escape an abusive situation. If parents are not married, it may be necessary to legally establish parentage before support obligations can be ordered.

Parents Can Develop Their Own Plan

Regardless of whether a temporary support order is in place, parents are free to come up with their own plan for child support. However, before approving the plan, the judge is still likely to want to know what the amounts would be if calculated under the state formulas. This is referred to as the guideline amount. If the proposed agreement deviates substantially below guideline amounts, parents will need to be prepared to show justification and plans to ensure that the child’s needs will be met. For instance, the parent paying support may also be undertaking numerous other obligations on the child’s behalf or may have set up a trust fund to provide ongoing support. Overall, the agreement must serve the best interests of the child, not the parents.

Long-Term Child Support

The final divorce decree will contain a permanent support order which may be the same as the temporary order or could differ substantially. While this is referred to as a permanent order, the obligation to provide support terminates when a child turns 18 if they have graduated high school, or when  they graduate or reach the age of 19.

Permanent support orders can also be modified if one parent presents evidence of a change in circumstances that justifies amending the order.

Holstrom, Block & Parke Helps Parents Establish the Right Support Orders

Child support can be a complicated subject, and if parents do not follow the rules, they can suffer severe financial consequences. The team at Holstrom, Block & Parke, APLC has 300+ collective years of experience helping parents gain the support terms that best meet the needs of the family. Schedule a consultation today to learn how we can help you ensure that all the factors that weigh in your favor are given full consideration in child support determinations.

After Divorce

What is the Definition of Community Property in California?

California is a community property state, which means that assets and debts considered to fit the definition of community property are divided equally between spouses in divorce. So that leads to the question, what is community property? How is it defined in California?

The answer seems simple at first glance, but it can be a surprisingly complex question when put into practice. In this post, we’ll explore how courts have classified property in different California divorce situations.

The Basic Definition

To understand community property, you also need to consider its opposite, separate property. All property owned by a married couple is either jointly-owned community property or separate property belonging solely to one spouse. Since the separate property is kept by one spouse while community property is divided, the process of classifying property into categories is vitally important in a California divorce.

The general rule is the property and debts acquired by either party while they were married is community property. This is true even of wages and benefits earned by one spouse or an asset purchased by one spouse that only has one name on the title. The timing of the acquisition is the deciding factor. This can get complicated when you consider the date of the end of the marriage, because in California it is based on the date of separation rather than the date a spouse filed for divorce or a divorce became final.

Separate Property Exceptions

Generally, separate property consists of property one spouse owned before the marriage, but there are also instances where property acquired during the marriage can be treated as one spouse’s separate property.

If one spouse received an inheritance or gift that was given to them personally, not as a joint gift or bequest, then that property is initially considered that spouse’s separate property. A gift from a spouse, however, is marital community property.

Factors That Blur the Lines Between Separate and Community Property

It is often far from clear whether property should be considered separate property or community property for several reasons. This can lead to assets being treated as a hybrid, where part of the value is divided and part of the value is kept solely by one spouse.

One factor that complicates the determination about community property is the date of acquisition. Spouses may have different memories about an asset, so it may be necessary to dig back decades to look for evidence to show that a spouse owned a particular asset before the marriage. For property and debts taken on near the end of the marriage, it can raise disagreements about the date of separation. Generally, that is considered to be the date one spouse let the other spouse know, either through words or actions, that they wanted to end the marriage, assuming that their actions after that were consistent with seeking a divorce.

If both spouses remember a conversation, or one spouse definitively moved out, the date of separation may be simple to determine. But spouses might disagree about the interpretation of a conversation. Or a spouse who moved out might come back so frequently that it can be difficult to determine whether a true separation has taken place. It is important to gather as much evidence as possible and ensure that your attorney is prepared to make the best arguments in your favor to show why certain property was or was not acquired during the marriage.

Another issue that can cause ambiguity is the intent behind a gift or inheritance. For instance, a check may only have one spouse’s name on it because that is easier to write and to cash. But the giver may have intended it as a joint gift.

The biggest area of contention when it comes to classifying assets as community or separate property probably involves separate property that transforms wholly or partially into community property.

Transmutation and Commingling

Property can start out as one spouse’s separate individual property and turn into community property in a couple of different ways in California. In the process of transmutation, both spouses agree that separate property will become community property, and the spouse who held the property as separate must agree to the change in writing.

What happens more often is that separate assets are commingled with marital assets and lose their separate character. For example, a spouse can use money they earned while single or funds received through an inheritance as the downpayment on a house. If the couple lives in the house and makes mortgage payments with marital funds, then the separate property and marital property have been mixed together. The spouse who contributed separate property may be able to claim their share of the equity as separate property if they present the right evidence, but it often requires considerable effort.

Holstrom, Block & Parke, APLC Protects Your Property Rights in Divorce

When you are divorcing, you need to work with an attorney who understands how to locate and present the right evidence to obtain an advantageous property settlement. At Holstrom, Block & Parke, APLC, we have over 300 years of combined experience in protecting property rights, and we are ready to put our knowledge and skills to work for you. Contact us today to learn more about how we can safeguard your interests in divorce.

Community

What is Legal Custody in California?

When parents live apart, the issues surrounding custody of their children often become very stressful and contentious. It is only natural to want to maintain the connection with your children and to be as much a part of their lives as possible.

With regard to custody in California, parents need to consider both physical and legal custody. Physical custody is what most people think of when they hear the word “custody.” It involves the child’s living arrangements and visitation schedule, often referred to as parenting time.

Legal custody is quite different, but just as important. In this post, we’ll explore what it means to have legal custody in California and how parents can protect their right to legal custody.

Legal Custody Gives You Authority Over Important Decisions in Your Child’s Life

Parents make numerous decisions that affect the course of their children’s lives, often without even realizing it. They decide where their child will go to school, at what age they should receive particular vaccinations, whether their child will attend church, and a host of other issues. Having the right, ability, and authority to make these types of decisions is what constitutes legal custody.

Examples of issues that are included with legal custody include deciding:

  • Where a child should attend daycare
  • Which doctor will be a child’s primary physician
  • Whether a child can participate in contact sports such as football
  • Which school program a child should be enrolled in
  • Whether a child will be allowed to go on a school field trip out of state
  • Which dentist will care for the child’s teeth and what age they should have their first check-up
  • Whether a child needs therapy or counseling, and who they should see
  • How to respond to a disciplinary problem at school
  • Whether a child will attend Sunday School or vacation Bible school
  • What types of medication a child is allowed to receive

Legal custody can involve so many issues that it can be difficult to reconcile for parents who do not cooperate well.

California Often Grants Joint Legal Custody to Parents

Even when physical custody is granted solely to one parent, California courts often share legal custody between parents. In theory, this gives parents an equal say in the important decisions affecting their child’s upbringing. It allows both parents to play a key role in a child’s life. It also should prevent one parent from making a sudden change that the other does not approve of, such as removing the child from the school they’ve attended for years to switch to an experimental alternative program.

Joint legal custody should give parents an equal role in determining their child’s future. As a practical matter, if one parent is determined to have their way, that can either lead to painful conflict or a situation where the other parent is shut out of decision-making.

In a shared legal custody arrangement, your attorney can take steps to protect your parental rights. For instance, you might establish an agreement that gives one parent authority over particular decisions and the other parent authority over other decisions. Or an agreement might specify that certain major decisions must be mutually agreed on while other decisions can be made by the parent who has physical custody of the child at the time. As an example of how that might work, parents would have to agree regarding which school the child attends, but the parent who has the child at the time could make the decision about whether a child could attend a field trip.

When Legal Custody is Granted to One Parent Only

In some situations, courts will grant one parent sole legal custody, as well as sole physical custody. The other parent may have visitation rights, although the visitation may be supervised.

Often when a parent is granted sole legal custody, it is because the court believes the other parent has done something wrong or that the other parent is incapable of making decisions that are in a child’s best interests. If one parent is abusive or mentally unstable and evidence of this is presented to the court, then the other parent is likely to be given sole legal custody. If you are in a situation where you are attempting to co-parent with someone who you believe poses a danger to the child’s wellbeing, or if you are a parent who has been falsely accused of abuse or other misconduct, it is important to work with an attorney who can protect your parental rights and your child’s best interests.

Holstrom, Block & Parke, APLC Helps Achieve Your Goals for Legal Custody

The Certified Family Law Specialists and associates at Holstrom, Block & Parke, APLC understand how to help you gain legal custody and how to establish arrangements that enable you to exercise decision-making authority effectively in all types of situations. For help with legal custody or any other family law matter, call 855-426-9111 or contact our team online today to schedule a confidential consultation.

Child Custody

Questions To Ask Your Divorce Lawyer in California

Divorce is an intense process that can leave deep emotional and financial scars. You can protect yourself during this process if you gather as much information as possible so that you are prepared to make the right informed decisions for your future. Much of the information you need can be provided by your divorce attorney–but you may need to ask to get it.

At Holstrom, Block & Parke, APLC, we understand the emotional and legal complexities involved in divorce. With 300+ years of collective experience, we can anticipate many of the questions our clients have, but every situation is unique, so there will still be concerns that go unaddressed if clients do not bring them up.

The bottom line is that we encourage you to ask questions to protect yourself. Here we provide some essential questions to start with, but we urge you to add to this list so that you will be able to gain the information you need to come out ahead in your divorce.

Understanding Your Case and Its Potential Outcomes

Many of the essential questions center on one common theme: What are the likely outcomes of my divorce case? Knowing this information helps set realistic expectations. Every divorce is unique, characterized by its circumstances, challenges, and goals. Understanding the potential legal and financial outcomes early on can provide clarity and peace of mind throughout what can often be a complex process. When discussing your case, consider asking your attorney about how the following factors could influence the outcome:

  • How will your strategy for my case be tailored to my specific situation? Our approach is always personalized, considering the nuances of your case, from child custody to asset division, but not every attorney follows this type of approach. Asking about strategy ensures you're on the same page with your lawyer.
  • How are our assets and debts likely to be divided? California's community property laws will affect your future financial situation in a number of ways. You should find out which property can be classified as your separate property and which property will be divided as marital property. It is also a good idea to ask how your lawyer will work to protect your separate property and obtain your share of marital property that your spouse might claim should be their separate property.
  • How long do you expect my divorce to take? Timelines can vary, but we try to give our clients an estimated timeline based on our experience with similar cases, to help plan for the future. Ask your attorney for an overview of the process and the factors that could cause your divorce to procced more quickly or take more time.
  • How do you foresee child custody and support being determined in my case? To get an accurate answer, you will need to discuss factors influencing custody decisions and support calculations. When parents agree on arrangements that serve their child's best interests, the process is less contentious and more cost-effective, and often leads to a plan that meets the needs of everyone involved.
  • Am I eligible for spousal support, or will I have to pay it? Your attorney should evaluate your situation to provide insights on potential spousal support outcomes. You should prepare to discuss the factors the court considers when determining spousal support, such as the standard of living during the marriage and each spouse's earning capacity. Follow up questions can focus on how much alimony payments might be and how long they should last. This will depend on a variety of factors including the length of your marriage.
  • How do you handle disputes that arise during the divorce process? Understanding your attorney’s preferred approach will be crucial to establishing your expectations about the process. At Holstrom, Block & Parke, APLC, we aim to negotiate amicably while being prepared to represent your interests assertively if disputes become contentious. This includes implementing effective negotiation tactics to achieve favorable agreements on contentious issues and developing litigation strategies designed to achieve the best possible outcome in court.

Communicating with Your Lawyer

Your lawyer can serve as a lifeline in many ways during the stress and uncertainty of the divorce process. You need to ask the right questions to keep your relationship on track.

  • How will we communicate throughout my case? At Holstrom, Block & Parke, APLC, we prioritize clear and timely communication, ensuring you're informed and involved at every step. But some attorneys set limits on the timing of questions and the preferred mode of communications. For instance, they might prefer that you limit your questions to email on Tuesdays or phone calls on the second and fourth Wednesday of the month.
  • What is the estimated cost of my divorce? While predicting the exact cost is challenging, your attorney should be able to provide an estimate or range after considering various factors such as the case's complexity and duration.
  • What are the payment expectations? If you understand when and how payments should be made, you will prevent potential problems later that could interrupt the procession of your case.

Feel Free to Contact Holstrom, Block & Parke, APLC with Your Questions

Divorcing in California presents many legal challenges, especially when significant assets or children are involved. Holstrom, Block & Parke, APLC is here to help if you need guidance through this complex process. Call us today at 855-426-9111 or online to schedule a consultation with our team. Let us ensure your rights and interests are protected every step of the way.

Divorce

How Long Does a Divorce Take in California

While it may feel like a divorce drags on forever, in California, most couples don’t have to wait quite that long until their divorce is finalized. However, there are four major stages to get through, as well as a built in waiting period.

After your divorce attorney has a good idea of what will be involved in your case, your legal advisor should be able to give you a reasonable estimate of the time your divorce will take to conclude. Factors that will impact the length of the process include the degree of conflict involved, the complexity of assets to be divided, the number of complicating issues to be addressed (such as custody, child support and alimony), the need to fulfill residency requirements, and the degree to which each spouse is organized in producing and sharing financial data and other information.

Four Stages to Complete

Couples who are divorcing in California, as well as those who are ending a domestic partnership and obtaining a legal separation, must complete four stages as part of the divorce process. These four stages do not include pre-divorce counseling, which is an excellent way for a spouse to understand what to expect and get a jump start on preparation.

  • Initiating the Process

One spouse starts the divorce process by preparing a Petition for Divorce and other required paperwork and filing the documents with the court in the county where they have lived for at least three months. Then that spouse has the Summons legally served on the other spouse, and the other spouse will have 30 days to file a response. Either spouse may ask the court for a temporary order addressing issues such as alimony and custody.

  • Sharing Financial Information:

In the next stage, both spouses are expected to compile information about what they earn, how much they spend, how much debt they have, and how much property they own. Some spouses are ready to provide this information quickly while others drag their feet either due to lack of organization or because they want to make the process difficult. Sometimes, spouses attempt to hide assets or unrealistically inflate their expenses, particularly if they own their own business. If this is a potential concern, it is important to work with an attorney who understands how to use forensic accounting and other techniques to discern hidden property.

Initial disclosures are supposed to be due within 60 days of filing the petition and response, but parties may request an extension and may also need to prepare another declaration later.

  • Reaching Decisions

Once each spouse has information, then they need to make decisions about issues such as how property is classified and divided, parenting plans for custody and visitation, whether one spouse will pay alimony, amounts of child support, and other matters. Couples can negotiate their own arrangements through various processes with the help of an attorney.

When a couple cannot agree on some or all issues involved in the divorce, they will need to take the issues to trial and have the judge make the decision. This makes the process take considerably longer.

  • Finalizing the Divorce

At the end, all the agreements reached, earlier court orders, and other documents are submitted to the court. A judge will review all the paperwork to ensure it is legally acceptable. If there are no problems, the judge will sign a judgment that specifies the date the marriage will come to an end.

Six Months is the Minimum

Even if everything proceeds with lightning speed, a divorce in California will take at least six months because there is a six month waiting period after the filing of the divorce petition. This waiting period cannot be waived. (There is no waiting period for a legal separation, which is why some couples choose this option instead.)

During the six-month waiting period, the spouses can work through the process of sharing information and settling the terms of the divorce so that they are ready to file final paperwork at the time the waiting period is up. As a practical matter, the process rarely concludes this quickly. The average time to complete a no-fault divorce is approximately 15 months. When issues are hotly contested and the court must make most of the decisions, the process can last for years.

The Right Divorce Attorney Can Help You Streamline the Divorce Process

At Holstrom, Block & Parke, APLC, we protect our clients’ interests and keep mindful of their priorities all throughout the divorce process. If your goal is to conclude the process without delay, we can ensure that you are prepared to complete each step and employ strategies to keep your former partner on schedule as well. Our Certified Family Law Specialists and associates know where the process can be maximized to keep your waiting to a minimum. To learn more about how we can help you streamline your divorce, schedule a consultation with our team today.

Divorce

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