Madigan & Lewis LLP

San Mateo County Divorce Attorneys

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Madigan & Lewis, LLP Attorneys Selected as 2021 Super Lawyers and Rising Stars.

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Madigan Super Lawyers Ad

Madigan & Lewis, LLP is proud to announce that partners, Kimberly A. Madigan and Victoria K. Lewis, have been named to 2021 Northern California Super Lawyers for the third year in a row. 

Also, the firm’s attorneys, Erin J. McCormick and Brooke N. Murphy, were selected to 2021 Northern California Rising Stars.

Super Lawyers is a rating service for outstanding lawyers in more than 70 practice areas.

Only the top five percent of all attorneys in Northern California are selected each year.  Attorneys who have attained a high degree of peer recognition and professional achievement are nominated and evaluated based on independent research. The objective is to create a credible, comprehensive, and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel. Lawyers are not required or allowed to pay a fee to be listed; therefore, inclusion in Super Lawyers is considered a singular honor. 

Similar to the selection process for Super Lawyers, the selection of Rising Stars is based on peer nominations and evaluations along with third-party research. 

No more than 2.5 percent of all Northern California lawyers are named to the list of Rising Stars.  Rising Stars must be under the age of 40 and have been in practice for 10 or fewer years.

Kimberly A. Madigan is a Certified Family Law Specialist*.  She is currently serving as the President of Collaborative Practice of California (“CP Cal”), a statewide organization of collaborative practice groups, including collaborative divorce lawyers, mental health practitioners, financial specialists, and other professionals.  This is her 19th year of law practice.  She has successfully represented clients in all aspects of family law and divorce matters including complex property characterization and division, high-conflict custody disputes, parentage (paternity), child support and spousal support, domestic violence, and post-judgment proceedings.  *The State Bar of California Board of Legal Specialization.

Victoria K. Lewis is a Certified Family Law Specialist* and fellow of the American Association or Matrimonial Lawyers (“AAML”).  She has been a member of the California Bar since December 1988. While she has focused exclusively on family law matters since 2009, she is experienced in a wide range of law practice areas.  She has successfully represented clients in all aspects of family law matters including complex property characterization and division, high-conflict custody disputes, parentage (paternity), child support and spousal support, domestic violence, and post-judgment proceedings.  *The State Bar of California Board of Legal Specialization.

Erin J. McCormick has focused her entire legal career on family law matters. She has a wealth of experience in legal separation, dissolution, and post-dissolution matters, as well as pre-marital and post-marital agreements. Her areas of expertise include child and spousal support, complex and high-conflict child custody and visitation issues, as well as property characterization and division.

Brooke N. Murphy focuses her practice on all aspects of family law, including dissolution of marriage, domestic violence matters, child and spousal support, property characterization and division, high-conflict custody and visitation disputes, and parentage.  In addition, she also helps clients seek name and gender changes by securing court orders and changing government identity documents.

Madigan & Lewis, LLP is a woman-owned and operated family law firm serving clients throughout Silicon Valley.

The firm is committed to providing strategic, responsive, and solution-oriented advocacy for all of their clients. Contact the firm at (650) 482-8480 or https://madiganlewis.com/

Madigan & Lewis, LLP Welcomes Michelle Caylee Human, Esq. 

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The Bay Area family law firm, Madigan & Lewis, LLP, is pleased to welcome Michelle Caylee Human to their team. 

Michelle recently completed a judicial clerkship with the Family Law Department of the Superior Court of San Mateo County.  Prior to going to law school, she was a journalist and worked on challenging  assignments in Mexico and the Middle East.  What Michelle learned covering these heart wrenching stories was that she was much more interested in being involved and in helping to ease human suffering rather than simply covering it as an observer.   What  Michelle learned about herself and the people she covered  inspired her to go to law school to make a tangible difference in people’s lives and counsel them through difficult times.

“Our firm has always been very selective about not only the skill of the attorneys that we ask to join our firm but they must also demonstrate that their hearts are in the game” said founder and partner, Kimberly Madigan.   “Michelle’s passion for helping people made her a good fit for our firm.  We are excited to have Michelle join us and to bring that passion to Madigan & Lewis, LLP.” 

Michelle Caylee Human attended the University of California Hastings Law School because the program was public-interest focused.

UC Hastings was the only school at the time that allowed first-year law students to take elective courses which meant she could take domestic violence law.  In her free time, Michelle volunteers for CASA, a court-appointed special advocate for children.

Michelle chose to join Madigan & Lewis, LLP based on her initial impression of Kimberly Madigan and Victoria Lewis, the founding partners of the firm. “When I first met Kim and Tori, I was immediately impressed by how kind they both were,” said Michelle.  “I loved the fact that Madigan & Lewis, LLP is an all-women owned and operated firm and their style of practicing law was just what I was looking for.”  

Madigan & Lewis, LLP is a family law firm serving clients in the Silicon Valley.  The firm is committed to providing strategic, responsive, and solution-oriented advocacy for its clients. For more information, visit www.madiganlewis.com.

Victoria Lewis Named Fellow of American Academy of Matrimonial Lawyers

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Logo: American Academy of Matrimonial LawyersThe Bay Area law firm of Madigan & Lewis LLP is pleased to announce that Victoria Lewis has been named a Fellow of the American Academy of Matrimonial Lawyers (AAML). Comprised of the top matrimonial attorneys throughout the nation, AAML members are recognized as preeminent family law practitioners with the highest levels of knowledge, skill, and integrity. In order to be elected, each Fellow must successfully complete a rigorous selection process that includes interviews, examinations, and professional and judicial evaluations.

“I am honored to be named a Fellow of the AAML,” said Victoria Lewis. “AAML Fellows are an esteemed group of professionals and it is a significant endorsement of the work that we do at Madigan & Lewis.”

Victoria Lewis is one of the founding partners of Madigan & Lewis LLP. She is a Certified Family Law Specialist by The State Bar of California Board of Legal Specialization and is a graduate of Wellesley College and the UCLA School of Law. Her practice has focused exclusively on family law since 2009. She is an active member of her community having served in volunteer and leadership roles in both the San Mateo and Santa Clara County Courts and Bar Associations.

Madigan & Lewis, LLP is dedicated to the practice of family law and serves clients living in San Mateo and Santa Clara Counties. The firm has a long-standing commitment to providing strategic, responsive, and solution-oriented advocacy for every client, with the goal of transitioning clients to the next phase of their lives without getting mired in costly, combative, and unnecessary legal battles.

The American Academy of Matrimonial Lawyers (AAML) was established in 1962 and is the preeminent organization for family law practitioners. The AAML is comprised of 1,600 Fellows throughout the United States.

Divorcing or Co-Parenting While Sheltering-In-Place Due to Covid-19 or Coronavirus

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Divorcing While Sheltering-In-Place Due to Covid-19 or Coronavirus

Divorce is supposed to be one of life’s most stressful events.  And then you add Covid-19 and school closures to the mix.  It is a highly combustible situation!  The stress level for our clients, especially those who have a high-conflict parenting relationship with their ex-spouse, is off the charts right now.

While we are all new to this constantly changing landscape, below are some tips to help guide litigants and parents during this uncertain time.

  • Continued Hearings. Many courts in the Bay Area have postponed non-essential court hearings.  If you have a matter pending with the court, go online or contact your attorney to find out whether your case has been impacted.  Do not appear in court if you are sick or symptomatic.  Contact your department and ask the clerk for permission to attend your appearance telephonically.  If you cannot reach your department’s clerk, try calling the court’s family law clerk for more information.  For updates on California court proceedings, visit: https://support.onelegal.com/california-court-updates-covid-19
  • ADR. Ask your attorney about ADR, including mediation, attorney-assisted negotiation and settlement, private judging, or collaborative divorce to move your divorce case forward to a resolution while the Shelter-In-Place Order continues.  Many divorce professionals are continuing to resolve cases using Zoom or other web conferencing technology.  There is no reason why your case should have to stop just because the courts are temporarily shut down.
  • Domestic Violence Restraining Orders. For those of you who are in an abusive situation or need the protection of a domestic violence order, know that courts remain open to issue emergency domestic violence restraining orders.  Also, law enforcement and emergency services continue to operate.  You can call the police if you are experiencing domestic violence.
  • New Divorce Cases. Can you start a divorce now?  Yes, the courts are allowing cases to be filed.  However, the appropriate timing of a divorce filing really depends on the unique circumstances of your case.  You should consult with a family law attorney for advice about timing.
  • Follow your Custody Orders/ Parenting Plans. Do not use Covid-19 as an excuse not to exchange your children or follow a court order or written parenting plan.  Judges will not look kindly upon parents who use this crisis as an excuse to withhold their children from the other parent.  Moreover, children right now need a stable home life more than ever because they are losing the structure and routine associated with attending school.  If your children are accustomed to a regular parenting schedule, this schedule should continue unless there are exigent or emergency circumstances warranting a deviation, such as the other parent is self-isolating or has been diagnosed with Covid-19.  If you are truly concerned about the other parent’s ability to parent safely during this crisis, you should promptly seek legal advice.  If your parenting plan or custody orders are ambiguous and you are unsure how to handle the school closure, try to work it out with the other parent or seek legal advice if necessary.  Try to be flexible and put the needs of your children first.
  • The Importance of Self-Care. Please put the oxygen mask on yourself before your child (i.e., the importance of self-care).  Now is the time for parents to take care of themselves so that they are able to take care for their children.  This includes eating well, getting enough sleep, and getting exercise.  Stress can also be managed with the help of a meditation app, such as Calm.  It’s also important that we all find opportunities to connect with one another where we can by telephone or Zoom.

Obviously, this is a rapidly changing situation.  The information provided above does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.  Nor is the information contained in this article intended to be exhaustive.  Readers of this article should contact an attorney to obtain advice with respect to any particular family law matter.

 

 

Madigan & Lewis, LLP Lawyers Recognized by Super Lawyers.

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Super Lawyers released its 2019 list of Northern California Super Lawyers and Rising Stars. We are excited to announce that both partners and all eligible associate attorneys at Madigan & Lewis, LLP were recognized.

Only the top five percent of all attorneys in Northern California are named each year as Super Lawyers. They are selected through peer nominations and evaluations along with third-party research, with a similar process for the selection of Rising Stars. No more than 2.5 percent of all Northern California lawyers are named to the list of Rising Stars, who must be under age 40 and have been in practice for 10 or fewer years.

The Super Lawyers selection process has been patented by the United States Patent and Trademark office. It has also been blessed by Courts and Bar Associations across the United States.

For more information about the details of the selection process, visit https://www.superlawyers.com/about/selection_process_detail.html.

A Request for Family Code, Section 271 Sanctions Made in a Response is Not Prohibited Affirmative Relief under Family Code Section 213.

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The Second Appellate District finally eliminates the confusion, holding in Marriage of Perow & Uzelac (2019) 31 Cal.App.5th 984, that a responding party’s request for sanction-based attorney fees under section 271 is not an impermissible request for alternative relief on different issues. The court explains that the Family Code, Section 213 restrictions on seeking affirmative relief on issues different than those raised in the moving papers are designed to keep the proceeding limited in scope to the “message” raised by the moving papers. By contrast, when the responding party is seeking Family Code, section 271 sanctions to redress the moving party’s conduct in litigating his/her motion, the sanctions request does not fall outside the scope of the moving party’s “message”. The sanctions request is properly responsive to the conduct of the movant and is therefore a permissible “attack on the messenger, not on his message.” (Id. at p. 991.)

Model Parenting Plans

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One of the most important decisions divorcing or separating parents make is the time their children will spend with each parent.  In California, divorced or separated parents use a parenting plan, also known as a custody and visitation agreement, to specify how their children spend their time.

Parenting plans vary widely depending on the child’s age, development, and many other factors.  The child’s best interest is the guiding principle in developing a parenting plan.  The Arizona Supreme Court has published a useful resource titled Planning for Parenting Time: Arizona’s Guide for Parents Living Apart, which outlines sample parenting plans.  Click the link below for the Arizona Parenting Time guide.

https://www.azcourts.gov/portals/31/parentingtime/ppwguidelines.pdf

The California Courts website also provides separating parents helpful information about parenting plans in California.  Please click the link below for the California Courts Parenting Plans page.

https://www.courts.ca.gov/15872.htm

The American Academy of Matrimonial Lawyers has also published guidelines intended to help parents make decisions regarding their parenting time when they no longer reside in the same household.

https://aaml.org/store/viewproduct.aspx?id=12876012