Blog
How to Split or Divide Assets in a California Divorce
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, […]
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 […]
What Could Happen to my Bitcoin During a Divorce?
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 […]
Joint Custody vs Sole Custody
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 […]
What do I do when my child refuses court ordered visitation with me?
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 […]
How Can I Keep Our Divorce from Impacting Our Children?
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 […]
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 or Co-Parenting While Sheltering-In-Place Due to Covid-19 or Coronavirus
By madlewis
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 […]
A Request for Family Code, Section 271 Sanctions Made in a Response is Not Prohibited Affirmative Relief under Family Code Section 213.
By madlewis
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 […]
California’s Divorce: A Beginner’s Guide
By madlewis
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.