Flicker, Kerin, Kruger & Bissada, LLP
Menlo Park
650-289-1400
San Ramon
925-327-6200

family law Archives

Shield your child from conflict to prevent long-term trauma

You and your spouse don't get along, and you're divorcing. The problem is that your custody case is becoming more conflicted and complex every day. Your spouse is fighting to keep your children from you, and you're fighting back. You're both building up animosity against one another, and it's a very frustrating situation to deal with.

The Presumption of Undue Influence in Interspousal Transactions

Pursuant to California Family Code section 721 spouses have fiduciary duties when entering a transaction with each other. This includes "a duty of the highest good faith and fair dealing," and neither spouse "shall take any unfair advantage of the other." When one spouse gains an advantage over the other in an interspousal transaction, a presumption of undue influence arises. It is up to the advantaged spouse to show the court that the other spouse was not unduly influenced in the transaction.

Discussing divorce with kids: Make an age-appropriate discussion

Explaining divorce has benefits for children, because they learn what it means to go through a divorce and how a divorce will affect them. Of course, when you talk to your kids about a divorce, you have to make sure that you do so in an age-appropriate manner.

Set up a cohabitation agreement and protect your interests

If you and another person want to live together but aren't going to be married, one kind of protection that you might want to look into is a cohabitation agreement. This agreement, also known as a "living together" agreement is a legal document that you should carefully consider because it allows you to safeguard yourself and to protect your individual interests and assets.

Kids can adapt to divorce if parents help them adjust

As a parent who has a goal of making divorce as comfortable as possible for your child, you may have started looking into others' stories or tips for how to help your child get through this. The trouble with that is that there's a high likelihood that you've seen some of the worst outcomes and worst situations that could take place.

What should you remember about divorcing with children?

As a married couple, you and your spouse simply did not work well together. You had different ideas about how to raise your children, when to spend and save money and your roles in the household. As a result, you've both decided to get a divorce.

The way you act and appear in court matters

In a family law courtroom, one of the most important things for you to do is to dress and act the part of a parent who is responsible and caring. If you are responsible and want to protect your children, you may think that the way you appear will have little impact based on the evidence involved in the case, but the reality is that first impressions matter.

Is there a right way to talk to children about divorce?

When you have children, it can be complicated to explain that you want to divorce your spouse. You and your spouse may already have spoken about getting a divorce and believe it's for the best, but you're not sure how to address it with your children.