The life you and your spouse have during the divorce process may not be the same life you live post-divorce. People sometimes move to be closer to family, for a new job, or simply just to get a fresh start in life. In most cases, these moves still make child custody visitation possible. However, sometimes […]
What To Do When Your Ex-Spouse Wants To Move Abroad With Your Child Read More »
Child custody orders are legally-binding and there are harsh penalties for parents who choose not to comply with them. What happens, though, when a child refuses visitation? Children may at first show reluctance to visit a non-custodial parent before flat out refusing to go. So, is this allowed by the courts in California, and how
Are Children Allowed To Refuse Visitation In Santa Clara County? Read More »
There are many ways to resolve a divorce case in California. You can reach an agreement with your spouse on your own, or you can employ a family law mediator or attorney to negotiate the matter out of court. When a case involves complex matters or the two spouses are combative, the matter may have
What Is A Default Divorce? Read More »
Once all terms of a divorce, including property division and child custody, have been resolved, the judge overseeing the case will issue a divorce decree. The divorce decree outlines the terms, as well as each party’s rights and responsibilities after the divorce. The terms outlined in the divorce decree are final and legally binding and
When To Seek A Child Custody Modification Read More »
The property division process in divorce is often a complicated one, particularly when assets with high values are involved. One of the most complex shared assets to divide during divorce is the marital vacation home. If you and your spouse share a vacation home together, it may be divided in the same manner as the
How To Divide A Vacation Home During Divorce Read More »
Divorce is not a difficult process in most cases. But it is still a legal process. This means that certain formalities must be followed. For example, when one spouse files for a divorce (or an annulment), they need to take certain steps to serve their complaint on the other spouse. Appeals Court Reverses Default Annulment Because Wife
Can My Spouse File For Divorce Without Me Knowing? Read More »
Ideally, parents who decide to divorce can come together and negotiate an acceptable schedule for sharing custody. Of course, the court is the final arbiter of what arrangements are in the “best interests” of the child. And if a dispute does later arise, say as to whether to modify a previously agreed upon schedule, the
Does A California Judge Have To Adhere To A “50/50” Split Of Parenting Time? Read More »
In Santa Clara County, as throughout the rest of the state, there is a six-month waiting period for couples who want to get a divorce. The concept of the waiting period seems straightforward enough, but it is just one element of family law that highlights how confusing the different rules surrounding divorce are. The laws
Understanding The Six-Month Waiting Period For Divorce Read More »
There is more than one way to get a divorce in Santa Clara County. You may envision a long and nasty courtroom battle but fortunately, few divorce cases end up going to trial. At Hepner & Pagan, LLP our first choice for our client’s is to get their divorce related issues into mediation. Mediation is
Common Misconceptions About Divorce Mediation Read More »
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