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Why You Need a Lawyer for Divorce Mediation: A California Perspective

August 8, 2025 / / 0 Comments

In California, divorce mediation involves a neutral third-party mediator helping spouses negotiate agreements on issues such as property division, child custody, and support. While mediation is often seen as less formal than litigation, having a knowledgeable divorce lawyer by your side is crucial. In this blog, we will explore four key reasons why retaining a lawyer for divorce mediation in California protects your rights and ensures a fair outcome under California Family Law and the California Family Code.

Understanding California Family Law and the Family Code

California’s divorce laws are complex and governed by the California Family Code. A skilled lawyer knows these statutes inside and out and can help you understand your legal rights and obligations. This knowledge is essential during mediation to ensure you don’t agree to terms that may not comply with California law or could harm your interests in the long run.

Protecting Your Interests in Property Division

California is a community property state, meaning most assets acquired during the marriage must be divided equally. A family law attorney can help identify community versus separate property, evaluate asset values, and negotiate a fair division, preventing costly mistakes that could arise from informal mediation agreements.

Navigating Child Custody and Support Issues

Mediation often involves sensitive matters like child custody and support. A lawyer can advise you on the best interests of the child standard upheld by the Superior Court of California, ensuring any agreement reflects your parental rights and responsibilities while complying with child support guidelines.

Reviewing and Drafting Legal Agreements

Mediated agreements become legally binding once approved by the court. A divorce lawyer will carefully review all settlement documents to avoid vague or unenforceable terms and can draft clear, comprehensive agreements that protect you now and in the future.

Related: Learn more about how alimony works in California here.

Conclusion

While divorce mediation in California offers a less adversarial path to resolving your divorce, having an experienced family law attorney ensures your rights under the California Family Code are protected throughout the process. If you’re considering mediation, contact Family Law Richard E. Young & Associates for expert guidance and compassionate support every step of the way. Call us at (949) 951-9529 or visit our website at richardeyoungattorney.net to schedule a consultation.

Is There an Automatic Divorce After a Long Separation?

June 3, 2025 / / 0 Comments

When couples separate for years, it’s common to assume that the marriage may legally end on its own. But it won’t. One reason this confusion exists is due to California’s mandatory six-month waiting period, which applies after a divorce is filed – not during a separation. In this month’s blog, we will break down what the law really says.

Understanding California’s Six-Month Waiting Period

In a California Divorce, once the paperwork has been filed and properly served, a six-month period must pass before the court can legally terminate the marriage. This is a cooling-off period, meant to give both parties time to reconsider or resolve disputes.

However, this doesn’t mean the divorce is automatic after six months. You must still complete all legal requirements, including filing all necessary documents, finalizing a settlement or appearing in court, and receiving a final judgment of dissolution.

Legal Separation vs. Divorce: Know the Difference

A long separation often leads to confusion between legal separation and divorce. In California Divorce law, legal separation is a formal court process similar to divorce but without terminating the marriage. It allows couples to address issues like child custody, spousal support, and property division while staying legally married.

Choosing legal separation over divorce might be suitable for couples with tax benefits or health insurance considerations. However, unless the court grants a final judgment of dissolution, you are still legally bound as a married couple.

Why You Shouldn’t Stay Separated Indefinitely

Failing to take legal action after a long separation can create legal and financial risks:

  • Financial Entanglements: Shared debt or property may remain legally binding.
  • Legal Obligations: Spousal support rights may still exist.
  • Estate Confusion: Your spouse may have inheritance rights unless officially divorced.
  • Remarriage Limitations: You cannot remarry until the divorce is legally finalized.

For more on these legal implications, visit the California Department of Child Support Services, which outlines responsibilities that may continue during separation.

Family Law Richard E. Young & Associates Is Here To Help You

Don’t let confusion about separation delay your next steps. If you’ve been living apart and assumed the marriage ended on its own, it’s time to get clarity. Reach out to Family Law Richard E. Young & Associates at (949) 951-9529 to begin the legal process and protect your rights. Finalizing your divorce ensures peace of mind and a fresh start, and we’re here to help you!

What Happens to the Family Home in a Divorce in California?

February 4, 2025 / / 0 Comments

The family home is an asset a couple acquires during their marriage. With a nationwide divorce rate of 45% (CDC), it becomes one of the central points of contention in divorce proceedings. In California, however, when discussing what happens to the family home in a divorce, it’s essential to understand that there are no set criteria that determine which spouse will receive the home. In this month’s blog, we will walk you through how California’s community property laws apply to your situation.

Does the Titleholder Automatically Get the House in a Divorce?

Determining who keeps the house in a divorce isn’t straightforward—even if only one party’s name appears on the title deed. If the house is separate property and the other spouse does not object, the spouse who owned it before the marriage keeps it after divorce. If the other spouse objects, the court may require both to agree on who gets the house or order the house to be sold.

Related: Learn more about if it is worth it to change the court orders here.

What If the Family Home Is a Community Property?

Since each spouse has an equal share of community property, the judge will split all property down the middle. Even if one spouse was the primary earner, the family home in divorce is generally treated as a shared asset. However, if you contributed separate funds or made significant improvements to the property, you might be eligible for a reimbursement claim. Keep in mind that the court might consider cohabitation agreements and examine financial contributions when determining an equitable split.

Related: Learn more about whether California recognizes cohabitation agreements here.

Options for Managing the Divorce Family Home

When facing the decision of what happens to the family home in a divorce, several practical options are typically considered:

  • Selling the Family Home After a Divorce

Selling the property is often the most straightforward way to settle disputes. The proceeds are divided according to community property guidelines, providing a clean break for both parties.

  • One Spouse Buying Out the Other

For those interested in keeping the family home in divorce, one option is for one spouse to buy out the other’s share. This involves refinancing the mortgage and ensuring the departing spouse is compensated fairly.

  • Leaving Family Home Before Divorce

An alternative some couples explore is leaving a family home before divorce. This proactive step can sometimes simplify asset division by reducing emotional attachments and easing negotiations.

Let Us Help You Come to a Sensible Agreement Regarding the Family Home

At Family Law Richard E. Young & Associates, we specialize in guiding clients through these sensitive matters. Whether you’re concerned about keeping the family home in divorce or understanding the implications of moving out, our experienced team is here to help. Visit our website or call us at (949) 951-9529 for a free initial consultation to discuss your options and protect your interests.

Is Alimony Always Awarded in a California Divorce?

August 2, 2024 / / 0 Comments

When it comes to spousal support or alimony, the question of whether it is always awarded in a divorce or not frequently comes up. In California, the answer isn’t as straightforward as one might hope. It’s not a given that alimony will be awarded in every case. Instead, it’s a decision made based on several factors and circumstances unique to each marriage. In this month’s blog, we will walk you through how alimony works in California.

Alimony concept. An envelope with cash on a table.

The Basics of Alimony in California

Alimony is intended to provide financial support to a spouse who may need it following a divorce. The idea is to ensure that both parties can maintain a standard of living reasonably close to what they enjoyed during the marriage. However, alimony isn’t automatically granted; it’s subject to judicial discretion and evaluation of multiple factors.

When considering spousal support, California courts look at the length of the marriage, the earning capacity, and the needs of each party. They also use phrases like “reasonable period of time” and “reasonable” to determine how long a supported spouse might need to be supported. 

Related: Learn more about alimony and child support here.

Temporary vs. Permanent Alimony

In California, there are different types of alimony that can be awarded: temporary and permanent. Temporary alimony, often referred to as “alimony pendente lite (APL),” is support awarded during the divorce process to help the lower-earning spouse maintain financial stability until the divorce is finalized. This type of support aims to keep things as stable as possible during a tumultuous time.

Permanent alimony, on the other hand, is awarded as part of the final divorce decree. However, the term “permanent” can be misleading because it doesn’t necessarily mean lifetime support. Instead, it can last for a specified period, particularly in marriages of shorter duration. For longer marriages, there’s a greater likelihood that support will be awarded for an extended period, but even then, it’s subject to modification.

Alimony sign on a black piece of paper and money.

Modifying or Terminating Alimony

Circumstances can change, and with them, so can alimony arrangements. In California, either party can request a modification of alimony if there’s a significant change in circumstances. This could include a change in income, employment status, or even the financial needs of the recipient. Additionally, factors such as the remarriage of the recipient or the death of either party can influence the division of retirement accounts and the termination of related alimony payments in a California divorce.

Related: Learn more about how the division of retirement accounts works in a California divorce here.

Conclusion

This process can be stressful and confusing, but Family Law Richard E. Young & Associates is here to help. We help you whether you are the paying party or the receiving party. Our lawyers represent clients in Lake Forest, CA, and other communities throughout Orange County. Call us at (949) 951-9529 or visit our website at richardeyoungattorney.net to schedule a consultation.

Can a Child Choose Custody?

June 6, 2023 / / 0 Comments

Many parents who have undergone a divorce have listened to their children expressing their desire to reside with the non-custodial parent. Though this is usually said in the heat of the moment, one question that frequently arises in such cases is: can a child have a say in deciding custody arrangements, and if yes, when? In this month’s blog, we talk about when a child can choose custody, exploring the relevant legal frameworks and shedding light on the associated intricacies.

Who Decides Child Custody?

Parents are used to making decisions regarding what is best for their children. However, if an agreement on child custody cannot be reached by the parents prior to appearing in court or during mediation, the ultimate determination of child custody is entirely at the discretion of the judge handling their case. Therefore, the judge will decide who won the custody battle.

Related: learn more about tips that help you to win a custody battle here.

When Can a Child Have a Say?

According to Family Code 3042, the judge does not view it as harmful for a child that passes 14 to express their custody preference. But this doesn’t mean that the child’s custodial preferences decide where they live and with whom. It’s important to understand that the judge doesn’t have to follow the child’s preference as they make the decision based on what’s in the best interest of the child.  

What if You Disagree with Your Child’s Preference?

You want what’s best for your child, but hearing that your child prefers to live with the other parent can be a heartbreaking moment. At the end of the day, custody is granted based on what the judge decides, but as your child age, circumstances may mean that these arrangements need to be altered. 

Get The Best California Family Law Representation!

If you’re a parent going through a divorce and you have a custody battle to win, call on Family Law Richard E. Young & Associates. We have extensive experience in family law, and we’ll help you obtain the best possible custody outcome for your case. Call Family Law Richard E. Young & Associates now at (949) 951-9529 to discuss your case.

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