Any hearing or trial can be highly emotional. You will need to draw on your support network. Additionally, some of these ideas may help you through the process: Meet with your lawyer before your court date, so she can prepare you for court. Ask your lawyer whether there are any documents you should review…
If you are angry at your spouse, it may be beneficial to postpone the settlement conference for a time so that you can participate meaningfully in settlement negotiations. You might also consider seeking counseling to support you with coping with your anger. Another option is shuttle negotiations. With this method, you and your attorney…
Custody of the children may be held by both parents (joint custody) or by one parent (sole custody). Additionally, California distinguishes between physical and legal custody: If a parent has sole legal custody, that parent has the exclusive right and responsibility to make decisions about the health, education, and welfare of the child. If…
Upon the filing of a divorce action, the automatic temporary restraining orders (ATRos) immediately take effect. The purpose of the ATROs is to maintain the status quo, and to prevent either spouse from taking all the money out of the bank accounts, or disposing of other assets, while the divorce is pending. Once the…
Nobody in our family has ever been divorced, and I feel really ashamed. Will my children feel the same way? Changing the way you see your family identity is huge for you. The best way to help your children is to establish a sense of pride in their new family, and to look forward…
Regardless of whether you married a few months ago, a few years ago, or have been together for decades, you meant it when you said, “I do.” Like most people getting married, you planned to be in a happy relationship for life. You did not expect to get divorced. Life brings change, notwithstanding your…
A protective order, also referred to in California as a domestic violence restraining order, is a type of restraining order that enjoins specific acts of abuse, excludes a person from a dwelling, or enjoins other specified behavior necessary to ensure that the orders preventing abuse are upheld. These orders can be issued ex parte,…
If your divorce attorney needs information about your marriage, it is important to communicate that information, even if you find it embarrassing. You are not mandated to disclose any information, but if you withhold information from your attorney, then he or she cannot adequately counsel you or prepare your case based upon that necessary…
An ex parte order is generally one made on an emergency basis. Notice is not necessarily required, and the judge often issues orders on the paperwork submitted alone, without a formal hearing. With the exception of abuse-prevention restraining orders, judges are reluctant to grant ex parte orders. Ordinarily, the court will require the other…
Q. I’m unsure about how to tell our children about the divorce, and I am worried I’ll say the wrong thing. What is the best way? A. The manner in which you talk to your children about the divorce will depend on their ages and developmental stages. There is no one best way, although…
