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An early offer regarding support and custody may ease a divorce

On Behalf of Cullen Family Law Group | Feb 17, 2020 | Child Custody |

Deciding to seek a divorce certainly wasn’t the easiest thing you’ve ever done — but actually approaching your spouse about the divorce may seem even harder. You’re likely anticipating everything from tears to threats, and that’s not easy to handle.

You can, however, potentially make the conversation a lot easier by having a plan in mind for how you see the split going. While you don’t want to hit your spouse over the head with all the details at once, it’s often wise to have a clear idea of what you think should happen regarding important issues.

Here are some suggestions you might want to consider:

1. Have a custody and visitation schedule in mind

California has two types of custody when it comes to the children: legal custody and physical custody. Physical custody determines where your child lives, while legal custody gives you the right to make decisions about your child’s education, medical care and well-being.

Whether you envision joint physical custody of the children or primary physical custody with visitation instead, have an idea of what you think the parenting schedule should be along with an explanation about why you think things should work that way. While you can’t force your spouse to agree to your terms, a fair schedule and reasonable terms are much more likely to be accepted than a lopsided plan.

2. Have a clear idea about how to split the assets and debts

Keeping in mind the fact that California is a community property state where generally everything you acquire after marriage (including those debts) gets split 50-50, you can often calculate a fair split yourself.

Naturally, that’s not something that you can do if your assets and debts are complicated or you think your spouse is hiding income. (If that’s the case, however, you probably will have a much more complicated divorce.)

Talking over your options for child custody or the division of marital assets with an attorney before you talk to your spouse can help you stay calm and focus on the practical concerns — not the emotional reaction from your spouse. Find out how our office can assist.

I’ve been served divorce papers that include false allegations: what do I do?

On Behalf of Cullen Family Law Group | Jun 6, 2025 | Domestic Violence

Receiving divorce papers is already overwhelming. When false allegations are part of the paperwork, the situation can feel even more difficult. It’s essential to stay calm and know how to address the issue. Here’s what to do if you receive divorce papers containing...

Do domestic partnerships affect divorce rights?

On Behalf of Cullen Family Law Group | Apr 14, 2025 | Divorce

Domestic partnerships offer many of the same rights and responsibilities as marriage, but they can complicate the divorce process. If you're ending a domestic partnership, your legal path may differ from that of a traditional divorce, especially in California....

Moore / Marsden calculations in California divorce

On Behalf of Cullen Family Law Group | Apr 10, 2025 | Divorce

In California, Moore/Marsden calculations determine how to divide property when one spouse’s separate property has contributed to the acquisition or improvement of community property. These calculations ensure a fair division of property in divorce cases, particularly...

How can you document SP for asset protection?

On Behalf of Cullen Family Law Group | Apr 3, 2025 | Family Law

When you're about to get married, it's important to think about how to protect your assets, including spousal support (SP) money. If you've received spousal support in the past or expect it during your marriage, you may worry about documenting its use—especially if...

What to expect during child support enforcement actions

On Behalf of Cullen Family Law Group | Mar 23, 2025 | Child Support

Child support represents the financial contributions a non-custodial parent makes towards their child's upbringing. It ensures a parent meets the child's basic needs, such as food, housing, and education. It also supports a child's wellbeing, especially when parents...

Can you reimburse expenses before child support orders take effect?

On Behalf of Cullen Family Law Group | Mar 17, 2025 | Child Support

After a separation, managing child-related expenses can become a challenging task, especially before any official child support orders take effect. Many parents wonder if they can reimburse child expenses during this interim period. Understanding your rights and...

Do mothers have more rights than fathers in custody cases?

On Behalf of Cullen Family Law Group | Mar 11, 2025 | Custody & Visitation

When it comes to custody cases, it is a common misconception that mothers have more rights than fathers. This often stems from historical trends and societal assumptions about parenting roles. Whether you are a mother concerned about maintaining your relationship with...

Why should you update your advanced directives during a divorce?

On Behalf of Cullen Family Law Group | Feb 28, 2025 | Divorce

Going through a divorce is challenging. One crucial aspect that often gets overlooked is updating your advanced directives. These legal documents play a vital role in ensuring others respect your wishes, even when you cannot speak for yourself. Protecting your...

Can you protect yourself and your children without a divorce?

On Behalf of Cullen Family Law Group | Feb 25, 2025 | Domestic Violence

Domestic violence creates a terrifying and dangerous situation. You may feel trapped, believing divorce is your only option for safety. The good news is that California law provides legal alternatives if your moral beliefs prevent you from getting a divorce. Let us...

What can California parents do if their child refuses to visit the other parent?

On Behalf of Cullen Family Law Group | Feb 14, 2025 | Child Custody

Dealing with a child who does not want to see their other parent can create stress for everyone involved. California courts expect parents to follow custody orders while being sensitive to their children's feelings. Parents can struggle to balance their legal...

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Recent Posts

  • I’ve been served divorce papers that include false allegations: what do I do?
  • Do domestic partnerships affect divorce rights?
  • Moore / Marsden calculations in California divorce
  • How can you document SP for asset protection?

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