One of the most important and challenging conversations a parent can have with their children is telling them about a divorce. It’s a discussion that will likely always be remembered, so handling this topic is of utmost importance. This article summarizes content from divorcemag.com and provides a checklist for parents to guide them in breaking the news to their children in a positive way. The full article can be found here: 

Affirmation. 

• Begin by affirming your love for the children and assuring them that you will always be their parent. Tell them that you will always be there for them, but there will be some changes in the family. 

Acknowledge Problems but Don’t Detail Them.

• Acknowledge that there were problems in the marriage and that you tried to fix them, but do not go into detail about what you think your spouse did wrong. Those are adult issues and too complex and heavy or children, and also you do not want to place your children in a situation where they feel they have to take sides. Be clear with the children that they were in no way at fault and consider apologizing to them for impacting their lives with this new change. 

Consider Your Words. 

• Consider your children and carefully choose your words. For example, the word “divorce” can be extremely triggering to some children, so you may want to start by calling it a separation. For other children, they may want or need a more direct explanation from you. Make a decision ahead of the conversation about the words you will use. 

Convey Security and Confidence. 

• Your children need to know that both you and then will be ok. Avoid expressing insecurity about what will happen or how you will get by financially. Try to express confidence and security to your children so that they will feel safe to weather the changes. If one parent is moving out, it is helpful if they already have those arrangements in place so that they can tell the children where they will be and confirm to them that they will still be available and accessible. 

Have the Conversation Together with Your CoParent. 

• Although emotions may be running high with your coparent, it is often beneficial to work jointly to deliver the message to the children. This can provide confidence to the children that both parents love them and will work together. Emphasize that you will both try to do your best to make the changes as easy on the children as possible. 

Contact an Experienced Family Lawyer

Even if you are just contemplating a divorce, but not certain that you want to go forward, contacting an experienced divorce attorney can be helpful. You can make a plan and know your options. At the Law Office of David Knecht, we have extensive experience helping clients with a California divorce, and we are happy to answer your family law questions. Contact us at 707-451-4502. 

This article will provide an overview of the divorce process with a summary of the information provided by the California Courts.

Getting a divorce in California takes at least six months. There are four main steps to getting divorced and they are the same whether you are married or in a domestic partnership. If you want a legal separation, the steps are the same, but there isn’t a required six month waiting period.

Start the divorce case.

• One spouse files the papers and lets the other person know that the case has been started by serving the papers on that person.

• Then the other spouse has a chance to file a response.

• Visit the following website for more information about starting a divorce case.

Share financial information.

• The party that filed the papers must share financial information and the other party must also, if they are participating in the divorce process.

• The documents are shared with the other party and then you file a form so that the judge knows you met this requirement.

• Visit the following website for more information about sharing financial information in a California divorce.

Make decisions.  

• You will need to decide how to divide property and debts, whether spousal support will be paid, and how to care for and support children (if appliable).

• You can work together with your spouse to come to an agreement on these issues or you can ask the court to decide.

• Visit the following website for more information about making decisions in a California divorce.

 Finalize the divorce. 

• This last step involves filing a set of final paperwork. The court will review the forms to make sure that nothing is missing and there are not mistakes and the judge will sign the final form.

• Visit this site for more information about finalizing a California divorce.

CONSULT THE LAW OFFICE OF DAVID KNECHT

If you need help with a divorce, contact the Law Office of David Knecht. Call us at 707-451-4502. We have extensive experience in family law and can help you feel confident and comfortable navigating a California divorce.

If you are feeling powerless in your divorce, you are not alone. It is common to feel depression, anxiety and stress during a divorce. Some studies even show that a divorce can lower your lifespan, so if you feel sad or helpless, you are not alone.  https://pubmed.ncbi.nlm.nih.gov/23284588/ 

On the bright side, though, there is also research to indicate that quality of life post-divorce can be much better than it was during the marriage. https://www.connectedwomen.co/magazine/the-brighter-side-of-single-mom-life-why-more-women-are-living-happily-ever-after-divorce/

This article will highlight three ways to break the cycle  of feeling powerless and help you take the power back during your divorce. 

•  Become informed. 

It’s axiomatic that knowledge is power, and this is certainly true when it comes to divorce. For many, the intimidation of the process can be daunting, but there are many online resources that can help. 

One we recommend that is unbiased and thorough is the website published by California Courts.  It can be accessed here. https://www.courts.ca.gov/selfhelp-divorce.htm?rdeLocaleAttr=en

This resource has self-help tools, information, forms and general guidance on divorce and California, and it’s a good place to start to get educated on what may lie ahead. 

• Get organized. 

You can anticipate that assets and liabilities are going to be important in your divorce, so it’s important to get the information organized and easily accessible. Some things to consider might be:

• What are the balances on your credit cards?
• How much do you owe on your vehicle?
• What is your mortgage payment?
• How much student loan or other debt do you carry?
• How much do you earn?

Getting information together will help you feel more in control and will make the process go more smoothly down the road. 

•  Obtain Legal Advice. 

An attorney who is experienced in family law and empathetic to your concerns can help you feel more in control of your divorce. At the Law Office of David Knecht we have extensive experience with divorce in California. We will listen to your concerns and seek to understand how to customize the divorce to your needs. Contact us at 707-451-4502 for more information.  

Bifurcation means that both parties can be legally declared as a single person while their other issues are being worked out.  For example, Kelly Clarkson recently filed a motion for bifurcation.  According to an article published in Vanity Fair, her filing stated:  “Irreconcilable differences have existed and continue to exist…I have been attempting to reach a global settlement on this matter…since I filed in divorce in June 2020…and I deserve the opportunity to build a new life.  Therefore, I am asking that my request to bifurcate and terminate marital status be granted.”   (See https://www.vanityfair.com/style/2021/07/kelly-clarkson-request-legally-single-brandon-blackstock-divorce-no-intention-settling)

This article will explain what bifurcation is, how it works, and why it might be something you want to discuss with your attorney:

1. Can bifurcation shorten the California six month waiting period for divorce?

No, bifurcation is not a way to avoid the waiting period requirement.  However, a motion can be filed immediately after the waiting period has elapsed. 

 

• How does bifurcation effect child custody, visitation, and financial issues?

 

Bifurcation does not affect things such as child custody, visitation, child support, alimony or other issues that may be difficult to resolve in the divorce.  The bifurcation will deal only with the issue of marital status and the other issues must be addressed later. 

 

• Why does bifurcation make sense for some couples? 

 

A very common reason for bifurcation is that one person wants to marry again, so they need their legal status to be single.  There may be other reasons for bifurcation.  For some, there is an emotional release to changing the legal status.  For others, a bifurcation may facilitate advantages for tax purposes, so that the parties may file as single.

2. What issues might want to be considered relating to bifurcation?

Medical insurance is an issue that needs to be considered in bifurcation.  Will the spouse that maintains the insurance continue to cover the other spouse, and if not, then the spouse who requests the bifurcation may need to pay for insurance that is comparable or cover the medical bills.  Pension plans and death benefits need to be considered as well as tax consequences.

3. Where can I find an attorney who can help me decide whether bifurcation is right for me?

An experienced attorney can help make the divorce process easier for you and help you make important decisions on issues such as bifurcation. At the Law Office of David Knecht, at 707-451-4502, we have extensive experience in divorce in California and can help you decide whether bifurcation is the right decision for you. 

 

If you are considering divorce, you may be wondering about residency requirements, grounds for divorce, and what the main steps are in the divorce process.  This article will provide an overview of the basics divorce process to help you think about how you are going to handle your divorce case.  There are three main ways to end a marriage or registered domestic partnership in California: divorce, legal separation, and annulment. After you decide how you want to end your marriage or domestic partnership, you need to plan your case ahead of time. Planning before you start and talking to a lawyer can save you time and money as you go through the court process.  At the Law Office of David Knecht, at 707-451-4502, we can help you plan your divorce from the beginning, or we can assist in a divorce that has already been initiated.  We are experienced divorce lawyers here to help you succeed.  

1.  What are the residency requirements for divorce in California? 

• You or your spouse must have been a resident in the state of California for at least six months and a resident in the county where the divorce is going to be filed for at least three months prior to filing for divorce, unless the case involves same-sex marriages.
• With same-sex marriage, a judgment for divorce, nullity, or legal separation is possible even if neither person is a resident of California at the time the proceedings if 1)  the marriage was entered in California and 2) neither spouse lives in a state that will dissolve the marriage (in a state that doesn’t recognize the marriage).  
• See California Family Code 2320 at this link:
  • :https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=2320.&lawCode=FAM

 

•  What are the grounds for divorce or legal separation in California?

 

• Most common:  Irreconcilable differences
  • It is not necessary for both spouses or domestic partners to agree to end the marriage. Either spouse or partner can decide to end the marriage.  The other person can’t stop a divorce.  California is a “no fault” divorce state, which means that the person who wants the divorce does not have to prove that the other person did anything wrong.  They just have to state that there were “irreconcilable differences,” which means that they do not get along. 
• Also grounds for divorce:  Permanent legal incapacity to make decisions. 
• See California Family Code 2310 at this link.
  • https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=2310.

 

•  What are the basic steps in a California divorce?

• You meet the residency requirements.

• You state the grounds for divorce.  

• Divorce paperwork needs to be filed and served to your spouse. 

• Your spouse will have an opportunity to tell their side of the story, if they contest the information in your paperwork.  This can happen through written paperwork and proceedings either live proceedings or virtual. 

• If your spouse does not respond within a certain time frame, the divorce can proceed as uncontested. 

• Issues involving property, children and financial support will be resolved either through settlement or court hearings. 

Consult with the Law Office of David Knecht

At the Law Office of David Knecht, at 707-451-4502, we have extensive experience in divorce in California.  We can explain the divorce process to you and advocate for the property division, financial support and custody arrangements that would work best for you.  

 

 

 

Unfortunately, some relationships involve violence or threatened violence, the question arises whether the victim can legally get the offending spouse “kicked out” of the home.  The answer is yes, under certain circumstances. This article will discuss the process in more detail. 

1. Authority for the Court to Remove a Spouse from the Home. The Domestic Violence Prevention Act (DVPA) and Family Code § 6340, 6321, and 6324 authorize a court to order the restrained party to move out of property and allow the protected party to use and possess the property under specific circumstances.  To read these code sections, click the following links:  

• https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=6340
• https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=6321.
• https://california.public.law/codes/ca_fam_code_section_6324

2. What Facts Need to Be Presented in Hearing.  There are three facts that need to be presented at a hearing:
3. That the person staying has a reason to be in the home, specifically, “Facts sufficient for the court to ascertain that the party who will stay in the dwelling has a right under color of law to possession of the premises.”
4. That assault or threat of assault is involved, specifically, “That the party to be excluded has assaulted or threatens to assault the other party or any other person under the care, custody and control of the other party, or any minor child of the parties or of the other party.”
5. Harm, specifically, “That the physical or emotional harm would otherwise result to the other party, to any person under the care, custody and control of the other party, or to any minor child of the parties or of the other party.”

1.  Does the person staying have to be the owner of the home?   Not necessarily.  This question was presented in a case from the Court of Appeals in California, Nicole G. v. Braithwaite, which can be found here: https://scholar.google.com/scholar_case?case=17446401920668045282&q=braithwaite&hl=en&as_sdt=4,5

In this case, the Court ordered Braithwaite to move out of the property and granted Nicole’s domestic violence restraining order against Braithwaite.  In that case, the title to the home was still a civil case and a disputed issue between the parties, but the Court was able to exercise the power to order Braithwaite out and allow Nicole to take possession of the home temporarily to protect her. 

Consult with the Law Office of David Knecht

If you have questions about removing a spouse from a home or any questions relating to divorce or family law, please contact the attorneys at the Law Office of David Knecht, at 707-451-4502.  We have extensive experience in family law and can be a knowledgeable advocate for you.