Prenuptial agreements are becoming more popular every year among engaged couples of all ages. Often, engaged couples entering a first marriage at a young age and without significant employment history overestimate the value of these agreements. It is essential to seek the advice of counsel to determine if, based on your circumstances and marital financial […]
Divorce can feel complicated enough for an adult who understands what is happening. Children whose parents are getting divorced may not have that level of understanding. For many children, that can make their parents’ divorce confusing, upsetting, and even scary. As a parent, it is your responsibility to help your child prepare for and navigate […]
Second marriages are increasingly common in the US. As of 2013, 40% of all weddings involved at least one partner who had been married before. As a result, it’s more common than ever for engaged couples to need to consider how they’ll blend families and finances when they get married. Blending families presents unique challenges, […]
Litigation is one of the most common methods for resolving divorce proceedings. This process allows couples to have their case heard by a judicial officer who can issue legally binding rulings regarding disputes, including child custody, child support, spousal support, attorney fees, and asset division. However, many people feel uncomfortable with the public nature of […]
Ending a marriage is rarely easy. Disentangling yourself from someone with whom you’ve spent years of your life is emotionally and mentally taxing. There is no one right way to handle the emotional, financial, and legal complications involved in the process. In fact, you have the opportunity to choose between several methods of dissolving your […]
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Madigan & Lewis, LLP is proud to announce that founding partners, Kimberly A. Madigan and Victoria K. Lewis have been named to 2022 Northern California Super Lawyers® for the fourth year in a row. In addition, partner Erin J. McCormick and associate Brooke N. Murphy were selected to 2022 Northern California Rising Stars for the fourth year in a row. Super Lawyers® is […]
The attorneys at Madigan & Lewis, LLP have decades of experience dividing assets in complex divorce cases. In this article, we will provide a simplified overview of the characterization, valuation, and division of assets to help guide you as you contemplate separation or divorce. California is a no-fault, community property state. With some limited exceptions, […]
Madigan & Lewis, LLP is proud to announce that Erin J. McCormick has become the newest partner. Since earning her law degree from the University of California, Hastings College of the Law, Ms. McCormick has dedicated her entire legal career to advocating for clients in complex family law matters including high-conflict child custody disputes and […]
The Highest Divorce Rate in History: Gray Divorce: Causes, Consequences, and Serving this Population
This is an excellent article on Gray Divorce by Carol R. Hughes, Ph.D., LMFT! One in four couples over the age of 50 (or 25%) will be divorced as opposed to 1 in 10 in 1990. This article was originally posted here. We have seen these rising numbers in our own practice. As noted by […]
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 […]
Marriage of DeSouza (2020) 54 Cal. App. 5th 25 In this 2020 case, the trial court found that a husband had breached his fiduciary duty to his wife by investing in cryptocurrency after being served with a petition for dissolution, and ordered him to transfer bitcoins and other cryptocurrency to her and to pay her […]
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 […]
The State of California considers both parents to be equally responsible for the care and wellbeing of their children, to have the right to spend time with their children, and to have the right to make decisions concerning how their children are to be raised. It is the policy of the state that it is […]
John A. Moran, Ph.D., Tyler Sullivan & Matthew Sullivan, Ph.D. have written a short and exceptionally easy to understand and implement guidebook for dealing with children who reject a parent. We highly recommend Overcoming the Co-Parenting Trap: Essential Parenting Skills When a Child Resists a Parent (2015) Overcoming Barriers Inc., to our clients when their […]
The decision you make about the process you are going to use for getting divorced is the first decision you will make to limit the impact on your children. Not all clients are aware that they have choices because not all attorneys educate their clients about ADR (alternative dispute resolution) options. Parents can minimize the […]
The 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, […]
San Mateo County Superior Court Releases Best Practice Recommendations for Parents Sharing Custody and Parenting Time During COVID-19
San Mateo County Superior Court Releases Best Practice Recommendations for Parents Sharing Custody and Parenting Time During COVID-19 COVID-19 has presented a new set of challenges for parents sharing custody and parenting time. Shelter-in-place orders, school closures, job losses, and limited family court operations have complicated parents’ ability to interpret, follow, and enforce court-ordered parenting […]
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 […]
Founding Partner, Kimberly A. Madigan, CFLS was recently interviewed for Bay Area Women’s Magazine. For a link to the interview, please visit https://bayareawomenmag.com/news/view/11702/She_Strives_to_Provide_Her_Clients_Peace_of_Mind_with_Legal_Strategies_Tailored_to_Their_Needs__An_Experienced_-_Understanding_Attorney_Makes_All_the_Difference__Meet_Silicon_Valley_Attorney_Kimberly_A._Madigan
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 […]
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A Request for Family Code, Section 271 Sanctions Made in a Response is Not Prohibited Affirmative Relief under Family Code Section 213.
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 […]
Founding Partner, Kimberly A. Madigan, CFLS was recently interviewed by Jason Crowley, CFA, CFP, CDFA. For a link to the interview, please visit https://www.survivedivorce.com/california-divorce-a-beginners-guide.
What Is an Emergency Screening? An Emergency Screening is ordered to assist the court in determining the health, safety, welfare, and best interests of the child regarding the current emergency related to child custody and visitation. An Emergency Screening is an urgently needed and time limited examination conducted by an investigator from Family Court Services, […]
Make a detailed holiday plan and keep the children informed of the plan. Planning and predictability helps children cope with the often-intense emotions and expectations of the holidays. Be open and flexible. Although it is important to have a detailed and specific plan, changes are inevitable so don’t adhere too rigidly to your plan. Make […]
Guideline Child Support Presumptively Correct. The uniform California Child Support Guidelines (Fam. Code §§ 4050 – 4076) are typically used in setting the amount of child support. California law provides that the guideline formula (e.g. the figure calculated by DissoMaster) is presumptively correct. (Fam. Code §§ 4053 (k), 4057(a)). However, in limited circumstances, the Court […]
Senate Bill No. 1255 (otherwise known as the “Anti-Davis Legislation”) and What it Means for Couples who are Seeking to Establish a Date of Separation in California
On July 25, 2016, Governor Brown approved Senate Bill No. 1255 (otherwise known as the “Anti-Davis Legislation”), which is an act to amend Sections 771, 910, 914, and 4338 of, and to add Section 70 to, the Family Code, relating to family law. [blockquote text=”SB 1255 will add Section 70, which reads: (a) “Date of […]
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.
1) Become well-informed early about your family’s assets and liabilities especially if you are not the spouse who has historically managed the money.
Clients frequently ask whether it is okay for them to date during their divorce. If you are grappling with this question in your own life, here are five things to keep in mind. Your dating could have unintended consequences for your divorce. While California is a “no-fault” state, dating while your divorce is pending could […]
In the wake of Facebook’s IPO and the new-found riches of employees of publicly traded companies such as Google, focus on dividing employee stock options upon divorce is likely to increase. Moreover, as awards of stock options and other forms of equity compensation become more standard for employees of all levels, courts will need to […]