Child custody is a hot-button issue when it comes to divorce or legal separation. You want to spend as much time as you can with your children, and you likely don’t want the other spouse to end up with more time than you. Emotions will run high, harsh words will be exchanged, and the children could suffer as a result.
Taking your custody issues into the courtroom can be a stressful process, and the judge has the ultimate say in custody. That’s why many divorcing spouses opt for mediation.
But, will it actually work? Or, will you be unable to get what you want and end up back at square one? That depends on the situation, but with mediation, both parties have the opportunity to speak their minds in a safe and open environment.
The only way to see whether mediation will work for you is to give it a try. If you want the very best outcome possible, then you will need to arrive at mediation as prepared as possible. How can you prove to your ex that you deserve custody of your children, and how can you show your ex’s lawyer that you are a fit parent?
You will need to bring evidence to support your position. Everyone’s goals will be different when they enter into mediation. Some might want to receive sole custody; some will be satisfied with a fair split; others might want only partial custody. Whatever your goals, you will still need to be able to prove that you have the child’s best interests at heart.
Below is a list of tips and ideas on what you should bring to mediation and how you can be prepared before entering negotiations:
The above are just a few ideas for how you can prepare for child custody mediation. Each case is unique and you will want to speak with a highly trained family lawyer before entering into the mediation process.
To speak with an attorney today, reach out to The Law Office of Laurence J. Brock. Call 909-466-7661 or send in the online contact form below.
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One of the most difficult issues to settle during a divorce is determining whether alimony—also known as spousal support payments—should be made, how long they should last, and how much they should amount to. After obtaining information about your marriage, your lawyer and the court will determine a fair amount for alimony.
When you complete forms pertaining to your marital situation, assets, property, debts, children, and income, that information will be used to decide whether alimony should be ordered and which type is best for your situation.
There are many different types of alimony in California, and which type will be ordered in your case—if at all—will depend on the specifics of your marriage.
For example, if you were married for a very short time, the court might only award you rehabilitative alimony, which allows you time to find a job and support yourself. At that point, the alimony would be discontinued.
Other situations might require permanent alimony. For example, if a couple had been married for thirty years, and one of the spouses never worked because he or she was a stay-at-home parent and homemaker, the court might order that alimony be paid to her for life.
Every case is unique as every marriage and financial situation is unique. Your lawyer can go over alimony in more detail, but below you’ll find some information on each type of alimony in California:
The court can order him to reimburse her for the tuition. The longer the marriage lasted following the spouse receiving that degree, the less likely the court will order reimbursement to be issued.
Going through a divorce can be difficult, emotionally and logistically. If you’re struggling to get the fair spousal support payments you deserve, an experienced alimony attorney in California can be invaluable.
To reach an alimony lawyer, contact the Law Office of Laurence J. Brock via the online form below. You can also call the office directly by dialing 909-466-7661.
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Child custody is a difficult situation to work out. Even a fifty-fifty split isn’t always in the best interest of a child, and figuring out an agreement that will work for both parties, and especially for the child, is no small task.
As you may know, attempting to work out a custody arrangement between two people who are likely harboring some animosity toward one another is an extremely difficult undertaking that borders on the impossible.
Fortunately, you don’t have to try to work out a child custody arrangement on your own. A lawyer can be a great asset for many different reasons, including providing a wealth of knowledge and experience of family law and child custody matters.
Below, see three important ways that a lawyer can help you reach a child custody agreement.
For starters, lawyers have a library full of knowledge and experience relating to family law matters in their heads that can be useful for you. Because your attorney has handled so many family cases, they will see things that you don’t see, including out-of-the-box custody arrangements you haven’t thought of.
Perhaps you can only think of a few different types of arrangements that will work for you, but there may be many more that you can’t imagine. Ask your lawyer for ideas.
One reason handling child custody matters on your own is so difficult is that you probably don’t know the California laws related to custody. That means you’ll have to spend countless hours trying to learn or brush up on laws, procedures, and other court requirements. Even after all that work, you may still be worried that you’ve missed or misunderstood something.
Your child custody lawyer can eliminate the need to spend all that time researching because they already know the rules and laws. Your lawyer will be able to give you a straight answer right away as to what to do, what paperwork to complete, and what will work and what won’t with regard to child custody arrangements.
Working out child custody on your own can drive you crazy. Even if you think you’ve come up with a good arrangement, how can you be sure you’re doing everything possible to put your child first? A lawyer provides a calming influence and can really help you to avoid the second-guessing.
Your lawyer will be able to assure you that everything that can be done has been done, so that you don’t continue driving yourself crazy worrying if there’s something else you need to do or something you’ve overlooked in regards to your case.
Working out child custody will never be easy, but if you’re looking to ensure that you get the best case outcome possible, then you will want to work with a lawyer. A lawyer will benefit you in more than three ways, certainly, and will make the entire process simpler and less stressful for you.
Contact The Law Office of Laurence J. Brock to speak with an attorney today. Our office can be reached by dialing 909-466-7661 or by completing the contact form located below.
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When you’ve decided it’s time to get a divorce, there are so many things that you must then deal with. You will have to separate your lives entirely, and that can be very difficult. If you have children, you must also deal with child custody and child support issues.
In all the craziness, one of the many questions you may not have time to answer will be whether the length of your marriage will affect your divorce outcome. The simple answer is yes, it can, but it’s complicated. Let’s go into a few areas that may be affected by how long your marriage lasted.
First, there’s the issue of alimony. If you were only married for six months, it’s doubtful that you will have to pay a lot to an ex in the way of alimony or that a spouse would have to pay a lot to you. Anything is possible, but the court will consider how long the marriage lasted when deciding how much and for how long alimony must be paid.
Now, consider a marriage that lasted for thirty years. Let’s go even further and say that one of you didn’t work during the marriage to stay home and care for the children.
A judge is definitely going to consider these factors when deciding spousal support. In this way, the length of a marriage will definitely impact your divorce in California.
This is another major area where the court will care about the length of your marriage. If a couple divorces very quickly, they won’t have had much time to accumulate “community property.” It’s very likely a court will allow each party to take what he or she brought into the marriage and part ways.
When a marriage is long-lasting, it becomes extremely difficult to separate assets and debts. Even if both parties brought property or financial assets into the marriage, they’ve likely become mixed together to the point that it would be almost impossible to separate them.
At that point, the court may take the tactic of dividing all community property in the fairest way possible, making an even split, regardless of what each spouse brought into the marriage.
Divorce is one of the most emotionally difficult situations a person can go through, and there’s not a whole lot you can do to make it less traumatic. One of the only things you can do to make the process go a little more smoothly is work with a qualified and experienced divorce lawyer. Going it alone may not serve your best interests.
Your lawyer can walk you through every divorce procedure and will help you understand all the goings-on. It is possible to get through this process and come out with the best-case scenario for your situation. Contact the Law Office of Laurence J. Brock for an initial consultation. Dial 909-466-7661 or fill out the online case information form below.
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People divorce for various reasons, and it may not be anyone’s fault. Sometimes, major life events can lead to divorce. It could be that your goals and interests aren’t aligned. Or it could be that your spouse did something that you can’t forgive.
There are several common reasons people get divorced. Let’s take a look at a few of them.
Some people express intimacy in different ways, and it may be that, over time, you find your needs aren’t being met by the way your spouse expresses love and intimacy. Some people are more touchy-feely than others.
A marriage can fail if a couple can’t find ways to connect that work for both parties.
Unfortunately, one of the biggest stressors in life is money. Even though they may not be either spouse’s fault, financial issues can lead to a lot of conflict in a marriage.
Some people can learn to resolve these financial issues by communicating financial goals and expectations and committing to agreements about spending and saving. If the couple is unable to resolve financial conflicts, the marriage can quickly sour.
All couples have disagreements, and no two people can live in close proximity without arguing on occasion. However, how you communicate and attempt to resolve conflict can determine the length of your marriage.
Couples who learn how to communicate their needs and problems and try to work together to find solutions can make their marriage succeed.
Sometimes, it’s no one’s fault when a marriage ends. It’s possible to grow apart or have belief systems that aren’t aligned. Career and life goals can also cause conflict in an otherwise successful marriage.
For example, if you decide that it’s your life goal to live in Europe, but your spouse has a debilitating fear of flying, your goals are likely at odds. Conflicts like this can be difficult to overcome.
When two people’s family, career, and life goals aren’t in sync, the marriage could dissolve—unless one party makes huge sacrifices for the other, which may not be fair to that person anyway.
A common reason couples get divorced is the slow development of a disconnect in what was once a strong relationship.
Especially in a marriage with children, spouses can forget to care for each other because they’re so busy caring for the children or the family as a whole. This can lead to loneliness or a lack of intimacy. And these issues can easily end in divorce.
When you’ve decided that divorce is the right decision for you and your family, it may be time to get legal help. Whatever the reason your marriage isn’t working, it’s now time to put your needs and those of your children first.
To reach a family law attorney with the Law Office of Laurence J. Brock, give us a call at 909-466-7661 or fill out the online contact form below.
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If the parents of a child die or are otherwise incapable of caring for their child, they may want to appoint a guardian, or you may decide to apply for guardianship of the child yourself—regardless of the parents’ wishes.
A guardian is any person who takes legal responsibility for the care of a child who is not their own. Even if you’re related to the child, you would still be considered a guardian as long as you’re not the child’s parent.
Here’s an example of when someone may want to apply for guardianship: If the child’s parents are sent to jail for criminal behavior, you could apply for guardianship over the child until the parents are released. It could be because you don’t want the child to be in foster care or because you believe you would be the best person to raise the child.
Here are a few other instances when someone would want to apply to be a child’s guardian:
In some cases, you may not need an attorney to apply for guardianship, but in most cases, it’s advisable to contact one. That’s because the court may want you to present evidence that you can care for the child and that giving you guardianship would be in the child’s best interest.
In other cases, more than one person may want guardianship over the child. If the parents haven’t left instructions as to who they want to look after their child, or if their wishes don’t seem to be aligned with the child’s needs, the court will have to determine who would be best able to care for the child.
The court will consider many factors when coming to this determination, such as the following:
Obtaining guardianship over a child is a long and difficult process. You will need to complete many forms, and you will need to give notice to other relatives. If you make any mistakes in this process, you run the risk of having your petition for guardianship denied.
For this reason, it’s helpful to have a lawyer walk you through the entire process. Your attorney can also represent you during court hearings. It’s in the child’s best interest to have guardianship settled as quickly and smoothly as possible. Stability is extremely important to children’s wellbeing.
You want what’s best for the child, and a family attorney can help you get it. Contact the Law Office of Laurence J. Brock to discuss filing for guardianship. You can talk things out with us under no pressure and no obligation to hire us. To schedule your consultation, call 909-466-7661 or complete the contact form at the bottom of the page.
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