One of the most immediate issues parties face upon separation is how to transition to two households, or more specifically, how to pay the bills. The answer commonly involves spousal and/or child support. In California there are two general types of support, temporary and judgment. The former is paid while the action is pending, the latter after Judgment is entered. Temporary support, both spousal and child support, is generally determined by a formula and called “guideline” support. For judgment support, while most commonly “guideline” applies to child support, with a few notable exceptions, spousal support is based on many different discretionary factors. If you would like to discuss what support may look like in your case, please contact our office to schedule a consultation.

California is one of nine community property states in the U.S. Community property is property acquired during marriage through the skills or effort of either spouse. In a dissolution case, the parties or court must determine whether the assets are separate, community, or both. With few exceptions, the Court must divide community property equally, and the Court must award separate property to the owner spouse. Our office has extensive experience in handling complex, high-asset cases including those involving business interests and stock options, RSUs, and other equity-based compensation. In an initial case consultation we can review your assets and give you an initial assessment as to their character and overview how your marital property might be divided in the event of dissolution.

In a divorce case, the two types of property, or “character” of property, are “separate” or “community,” based on when and how acquired. Resolving property of mixed character, i.e., both separate and community property, can be especially complex. Such property may arise, for example, when the value of a separate asset rises during marriage due to a party’s marital efforts (such as a small business); when stock options have vested partially before marriage and partially during marriage; or when the parties pay the mortgage of a separately-owned home during marriage with community earnings. While there are several formulas for apportionment between the community and separate interests, ultimately the primary focus is on an equitable result. Our office has extensive experience in issues of the characterization and apportionment of mixed property.

In a divorce case, the burden of proving that property is separate property, in whole or in part, is typically placed upon the spouse claiming the separate interest. That spouse must prove that the property was either acquired before marriage, acquired during marriage by gift or inheritance, or acquired during marriage with separate property funds. Often assets are acquired in part with separate and in part with community funds. These cases present tracing challenges, and often require the assistance of an experienced forensic accountant. Our office frequently handles cases involving tracing work and have a network of excellent forensic accountants to assist with such cases.

One of the most difficult issues in a family law matter is that of custody and visitation. Parental disputes often arise because parents have differing views on parenting, or because of the general animosity that can exist between separating parties. Parenting disputes also may stem from drug and alcohol abuse, mental illness, or factors that prevent a party from being a competent parent. Our office handles all types of custody cases, from minor parenting disputes to termination of parental rights. Our office works frequently with mediators, co-parent counselors, and child custody evaluators. Ms. Insalaco is also a member of the Board of Directors of the California Chapter of the Association of Family and Conciliation Courts, a group of attorneys, judges, and mental health professional dedicated to improving the family law system for children and litigants involved in custody disputes. If you have a parenting issue, please contact our office to learn more about your rights and how to protect your children.

Domestic violence can involve physical abuse, emotional abuse, and other forms or coercion and control. A finding of DV or issuance of a DVPA restraining order can have significant impact on a party’s rights including with respect to child custody and spousal support. Our office has extensive experience in DV cases, including representing DV survivors and those falsely accused of DV. We also often work in conjunction with criminal counsel on these cases.

While parents have fundamental rights to parent, other individuals may also have claims to visitation and custody. The most common individuals to make such claims are grandparents. However, their rights are limited and only apply in certain circumstances. Please see the linked blog post addressing the legal bases for grandparent visitation rights in California.

One of the most difficult issues in a family law matter is that of custody and visitation. Parental disputes often arise because parents have differing views on parenting, or because of the general animosity that can exist between separating parties. Parenting disputes also may stem from drug and alcohol abuse, mental illness, or factors that prevent a party from being a competent parent. Our office handles all types of custody cases, from minor parenting disputes to termination of parental rights. Our office works frequently with mediators, co-parent counselors, and child custody evaluators. Ms. Insalaco is also a member of the Board of Directors of the California Chapter of the Association of Family and Conciliation Courts, a group of attorneys, judges, and mental health professional dedicated to improving the family law system for children and litigants involved in custody disputes. If you have a parenting issue, please contact our office to learn more about your rights and how to protect your children.

The Hague Abduction Convention is a treaty that many countries, including the U.S, have joined. Its purpose is to protect children who have been abducted or wrongfully withheld outside of their country of habitual residence by providing a legal framework and process for their return. Partner Michelene Insalaco is part of the Hague Convention Attorney Network, and has extensive experience representing parents in Hague return cases throughout Northern California. Both Ms. Insalaco and partner Lowell H. Sucherman are members of the prestigious International Academy of Matrimonial Lawyers.

For a California court to have the ability to issue orders against you it must have personal jurisdiction. If you reside in California, the court will have jurisdiction. However, if do not reside in California, the court still may have jurisdiction based on other factors, including but not limited to whether you were served with the action while in California or have significant connections with California. If you, or the opposing party, resides out-of-state and you question whether the California court can assert personal jurisdiction, please contact our office for a consultation.

In California, spouses are fiduciaries to one another. This means, among other things, they must protect and preserve the assets of the marriage, and not take any unfair advantage of the other spouse. These duties are at the forefront if and when spouses divorce. Failure to comply with these duties could mean that a spouse has breached the spousal fiduciary duty and is subject to sanctions.