Flicker, Kerin, Kruger & Bissada, LLP
Menlo Park
San Ramon

Bay Area Family Law Blog

How can you help your children adjust to the idea of divorce?

Children often have a difficult time when it comes to divorce. They may feel left out of many of the decisions that have to be made, especially as they get older. While younger children may not remember much about the divorce in the future, older kids have the potential to hold onto their anger or frustration and later use it against their parents.

This issue is why parents should do their best to be honest and to discuss the divorce in an appropriate way with their children. Being age-appropriate with the discussion is important, too, since your children need to understand what's happening.

Have you taken precautions relating to your business and divorce?

Starting your business and getting married may have been two of the most major milestones in your life. At the time, both events likely brought you great joy, and you undoubtedly could not wait to see how each would grow over the years. Unfortunately, while your business may have thrived, your marriage is now ending in divorce.

You likely have many concerns about how the divorce will affect your business. Even if you started and operated the business yourself, your spouse could potentially have some claim to it. As a result, you may want to look closely at your exact situation.

Should you uphold the other parent's punishment?

Parenting issues tend to come up whether you're married or separated. Children are hard to predict, and there may be a time when you have trouble working together to figure out the best way to handle your kids' discipline or other issues.

When you're separated or divorced, handling parenting issues can become even more difficult. One parent might penalize their child for their actions, but the other parent might not hold up that penalty at all, despite the punishment including being grounded or restricted from certain activities. With shared custody and visitation that overlap, it's a reality that punishing your child can become complicated.

50-50 splits and community property: Protect your assets

A high-asset divorce can be troubling at the best of times. You've lived a certain way for many years, and having to consider what it will be like to lose half of your marital assets is devastating. As you know, California is a state that allows for community property division, which means that you and your spouse are more likely to have to split your assets 50-50.

The good news is that there are ways to override the 50-50 split that is set in place by law. One of those is through a prenuptial agreement. Another is through a postnuptial agreement. Finally, you can override it if you and your spouse agree to different property division arrangements during your divorce.

Protect yourself during a complex divorce

Complex property division issues arise when a married couple has been together for a long time, when their finances are tightly intertwined and for other reasons. If you are in a situation where you're concerned about dividing your property, and the impact it will have on your finances, it's time to talk with your attorney about the steps to take next.

Property division issues can also come up in high-end divorce cases. When there are properties, royalties, 401(k)s, bonuses, commingled assets and other financial items to consider, it's no wonder a divorce becomes complex. Fortunately, your attorney has seen many cases like yours and has the experience needed to help you resolve disputes or to make arrangements for your property.

My ex won't give me my kids...Now what?

One major problem that some parents face is when the other parent tries to withhold custody. It's against the law to withhold custody unless a child is in direct danger, and even then, there are steps that the parent needs to take to report the abuse or negligence that they're alleging is taking place.

If you are struggling to get your time with your children, your attorney can help. The other parent should not be withholding your children, even if you've violated parts of your divorce agreement, like by failing to pay spousal or child support. The reality is that those who withhold custody can be accused of doing so illegally, which could hurt their custody rights in the future.

Finding legal counsel for a difficult custody case

When you married, you likely could not wait to have children. You may have pictured you, your spouse, and your children going on family vacations, attending sporting events, eating dinner together and various other picture-perfect scenarios. While you may have experienced some of those events, you now face a more difficult situation because you and the other parent are divorcing.

Unfortunately, your situation may have turned hostile before the decision to divorce took place, and now you have serious concerns about child custody arrangements. You may believe that your children would not be safe with the other parent or that he or she generally lacks the ability to properly care for your kids. If you want sole custody, you likely have a difficult path to face.

We can help if your spouse doesn't want to pay alimony

If you're going through a divorce, you have to make sure that you're cautious about financial matters. A money-smart divorce might not seem possible, but it is with the right preparation and planning.

There are some factors that will determine if your divorce goes more smoothly than expected, like if your spouse is willing to negotiate or give you the things you want. Sometimes, divorces are extremely complex, and there can be a lot of animosity. In those cases, protecting your own interests is vital.

Establishing paternity is essential for unmarried couples

It's essential that unmarried parents do all they can to establish who a child's biological parents are. Of course, it's usually easy to determine the mother. On the other hand, determining the father may not be as simple.

If a mother isn't sure of who the father of her child is or the father doesn't know if he is actually the biological parent, then it's a good choice to go through paternity testing. Paternity testing is simple and won't hurt you or your child.

Trouble with your child? Parenting plans are necessary

There are many parenting issues that people deal with when they raise a child. Among them include common issues like having trouble getting your child to eat well or dealing with a child's digital-device addiction.

When you and your ex-spouse navigate these parenting issues, it can be more complicated than normal. You may both have different ways of approaching the problems your child has, which can create a conflict.