31Mar 2022 by Pat Geddie
What are the First Signs of Divorce?

What are the First Signs of Divorce?

Divorce
Some couples divorce following a single event that is unacceptable to one spouse, such as adultery or domestic violence. However, for most people, the idea of divorce arises gradually. Some spouses might not even realize that the other is considering divorce until they file a case. It is preferable to know when a divorce might be on the horizon so you can prepare. If you notice any signs of a possible divorce, you should consult with a Huntington Beach divorce attorney as soon as possible. Some signs that you or your spouse might file for divorce in the near future include: Your communication has devolved, and you cannot seem to improve itYou feel a growing distance between youYou and your spouse have different goals and priorities for the future Sometimes,…
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31Mar 2022 by Pat Geddie
What Does the “Best Interests of the Child” Mean?

What Does the “Best Interests of the Child” Mean?

Child Custody
The law protects the interests of children in many ways, and one way is by setting standards for child custody arrangements. The standard in California is that the custody arrangement must be in the best interests of the child. This standard applies when: Parents agree to custody arrangements, and the court reviews the proposal to ensure it is in the best interests of the child.Parents cannot agree, so the court must issue a custody order for the parents.One or both parents wants to modify child custody. What does the court look for when ensuring custody is in the child’s best interests? Many factors can be weighed, depending on the circumstances. Some factors include: The child’s needs, including special needsEach parent's ability to meet the needs of the childWhere each parent…
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31Mar 2022 by Pat Geddie
Child Custody Over Summer Vacation

Child Custody Over Summer Vacation

Child Custody
If you have a school-aged child and share custody with your ex, their summer vacation from school can be a complicated time. If both parents work and your child is young, you might need to make arrangements for childcare while you are at work. In addition, one parent might want to take your child on a vacation, and there can be complications with this when it comes to custody. Making changes to your usual custody arrangement during the summer is common, but both parents must be on board. If you have a conflict over summer-related custody, your first step is to review your parenting plan from when your initial custody order was issued. Your parenting plan should have details regarding: How physical custody will change during the summer from your…
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31Mar 2022 by Pat Geddie
Is Your Spouse Concealing Assets?

Is Your Spouse Concealing Assets?

Divorce
Part of a divorce is dividing all marital property and assets between the spouses. The first step is to inventory all your property and assets, so you and your attorney have an overview of what must be divided. Sometimes, a spouse will attempt to conceal certain assets to avoid having to divide them, and this can lead to serious issues in a divorce case. Some people do not have a complete idea of their marital finances. Perhaps your spouse always handled the financial affairs, or they opened accounts without your knowledge. You want an attorney who can uncover all information related to your marital assets to ensure you receive a fair result in your case. Some ways that spouses might hide assets include: Having secret individual financial or investment accountsUsing…
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28Feb 2022 by Pat Geddie
Are You Unsure About Your Divorce Case?

Are You Unsure About Your Divorce Case?

Divorce
Some people go through phases where they fight with their spouses and want to end their marriages, so they might file for divorce. Once the divorce is in progress, they might wonder if they are making the right decision. Perhaps you and your spouse are getting along better. Maybe you went to therapy and decided to work things out. Whatever the reason, if you’re unsure about your divorce case, can you pause it? In California, you cannot simply halt your divorce if you are uncertain. Instead, your Huntington Beach divorce lawyer will need to file a motion for continuance with the court. The judge will then decide whether to grant it and give you extra time to decide what you want. If a judge recognizes that you might want to…
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28Feb 2022 by Pat Geddie
What is Legal Custody of a Child?

What is Legal Custody of a Child?

Child Custody
Child custody in California is divided into two categories: legal and physical custody. Physical custody refers to where a child will live, but what does legal custody mean? Put simply, legal custody is a parent’s right to make important decisions about their child’s well-being. This does not refer to everyday decisions like what to have for lunch. Instead, it involves decisions regarding: Healthcare (except regarding emergency needs)Education and where a child goes to schoolReligion and religious activitiesCovid-19 vaccines In most cases, California courts want parents to share legal custody. Joint legal custody gives both parents the authority to make such decisions, however, it requires the parents to make these decisions together. Joint legal custody does not necessarily mean that parents share physical custody. Even if a child lives with one…
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28Feb 2022 by Pat Geddie
Can Your Child Choose Where They Live?

Can Your Child Choose Where They Live?

Child Custody
When you are facing a custody determination, your child might have opinions about where they want to live. Will the court listen to your child? How much does their opinion matter? The answer is that it depends on the situation. First, the court will always listen to the opinion of a 14-year-old child or older and take it into consideration. A younger child might be heard if the court believes they are of sufficient age and maturity to form and voice their opinion. However, just because a child chooses one parent’s home over the other does NOT mean the court will automatically go along with it. Custody decisions involve many factors, all of which focus on the best interests of the child. In general, California law sets out that joint…
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28Feb 2022 by Pat Geddie
Divorce as a Business Owner

Divorce as a Business Owner

Divorce
Dividing your property in a California divorce can be complicated even if you have relatively straightforward property and assets. As a community property state, the law requires spouses to divide all their shared community property as evenly as possible. But what happens when one spouse owns a business? Can that spouse keep the business, or will they have to divide it? Business interests are community property like anything else in a marriage. Consider the following: If you started the business during the marriage, the entire business would be community property. If you started the business before the marriage, any increase in value during the marriage would be community property. As you can imagine, this is not the simplest situation to address. If the entire business is community property, your spouse…
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27Jan 2022 by Pat Geddie
Child Custody Modifications

Child Custody Modifications

Child Custody
Yes, you can modify a California child custody agreement if circumstances dictate it. Even if both parents agree to the adjustment, a judge still needs to sign off on it to make it official. As the years pass, original custody agreements don’t always fit anymore, and a modification might be necessary. When Can You Modify a Child Custody Agreement in California? If there has been a substantial change in circumstances for a child or a parent, you can petition the court to modify the custody arrangement. Remember that the court’s top priority is always what’s going to be in the best interest of the child, not your convenience or lifestyle. In the State of California, to modify a child custody order, you must present supporting evidence to prove that a…
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27Jan 2022 by Pat Geddie
Does It Matter Who Files for Divorce?

Does It Matter Who Files for Divorce?

Divorce
In the big picture, no, it does not matter who files divorce first. However, if you take a deeper look, you’ll find that there are some advantages to being the one who starts the process. First, you can set out what you would like in the divorce petition, and your spouse would file a response including what they want (if it is different). This puts you in a proactive position instead of a reactive one. In some cases, this makes no difference - for instance, if you and your spouse agree on all relevant matters - but in others, it might give you an advantage. If you and your spouse are unable to settle property division, support, or child custody, and the case needs to go before the judge, the…
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