Category Archives: California Divorce

Top Questions Concerning Child Support and Military Personnel
California Divorce, Child Custody, Child Support

Top Questions Concerning Child Support and Military Personnel

Child support is a critical aspect of Family Law. Thousands of military personnel and their families reside in California, so it is essential to understand how child support orders affect service members and their families in the state. Certified Family Law Specialist Judy L. Burger addresses some of the most common questions concerning child support and military personnel.

Child Support and the Military FAQ

Every situation is different, so you need to consult with Family Law Attorney Judy Burger when questions or issues arise about child support and service members. Here are some basics to know about child support and military personnel.

  1. How is child support calculated for military personnel?

In California, child support is calculated based on several factors, including each parent’s income, time spent with the child, and other expenses. However, there are additional considerations for service members, including allowances and special pay, like Basic Allowance for Housing (BAH), hazardous duty pay, sea pay, and more. Although some of these forms of pay are non-taxable, California law includes them all when calculating child support.

  1. Can military personnel be ordered to pay child support even if they are stationed overseas?

Yes. The Servicemembers Civil Relief Act (SCRA) protects active-duty military personnel from legal action, including child support proceedings, while on active duty. However, this protection does not apply to service members who are not on active duty or who are in arrears in their child support payments.

  1. Can military personnel be held in contempt of court for failure to pay child support?

Yes. Failure to pay child support can result in serious consequences, including fines, imprisonment, and loss of security clearance. It is essential to keep up with child support payments, even if stationed overseas or on active duty.

  1. Can military personnel modify child support orders?

Yes, military personnel can modify support orders based on a change in circumstances, such as a change in income or a change in the custody arrangement. However, it is essential to follow the proper legal procedures for modifying support orders to avoid potential legal consequences. The Family Court generally grants expedited hearings for service members who receive deployment orders and need to address child support or custody order modifications.

  1. What happens to child support payments if service members are deployed or transferred?

If soldiers, sailors, airmen, or marines are deployed or transferred, child support payments must continue to be made. However, there are legal provisions that allow for modifications to child support orders in these circumstances. It is crucial to contact experienced Family Law Attorney Judy Burger to help you navigate the legal process.

Get Help from a California Child Support Lawyer

Child support can be a complicated issue, especially for military families. It is essential to understand the legal requirements and protections afforded to military personnel. California Family Code §3047 provides guidance for many issues that can arise when a military service member faces mobilization, deployment, or a temporary assignment that takes them outside the state or country and causes complications with following court-ordered support or custody agreements.

Attorney Judy Burger can provide guidance and support to ensure that child support obligations are met and that the best interests of the child are protected. Child custody and support issues are already challenging, and the pressure of unexpected changes due to military service adds even more complexity. Get the help you need in California from The Law Offices of Judy L. Burger. We have eight offices to serve you.

Jointly-Owned Businesses and Divorce
California Divorce, Property Division

Jointly-Owned Businesses and Divorce

When a couple decides to end their marriage, one of the most complex issues that they may face is the division of property. This can be especially difficult when the couple owns a business together. Jointly-owned businesses in California add another layer of complexity to the divorce process. What are your options for keeping or dividing the business? How does California law impact these decisions?

Certified Family Law Specialist Judy L. Burger discusses the specific considerations that need to be taken into account during a divorce involving a jointly-owned business.

Community Property Laws in California

California is a community property state, which means that any assets acquired during the marriage are presumed community property and if found to be community property, must be divided equally between the spouses in the event of a divorce. This includes any businesses that the couple owns jointly. In California, the ownership of a business is determined by both the legal and economic interests of each party.

Legal Interest vs. Economic Interest

Legal interest refers to the ownership interest that is reflected in the legal documents of the business. Economic interest refers to the actual value of the business. In some cases, these interests may not be equal. For example, one spouse may have a greater legal interest in the business. Still, the other spouse may have contributed more to the business and may have a greater economic interest.

Valuing Jointly-Owned Businesses

In order to divide the business equally, it is important to determine the value of the business accurately. This can be a complex process and may require the assistance of a business appraiser or accountant. The appraiser will take into account the assets and liabilities of the business, as well as any future earnings potential.

Options for Dividing the Business

Once the value of jointly-owned businesses has been determined, there are several options for dividing it. One spouse may buy out the other spouse’s interest in the business. This can be done by paying the other spouse their share of the business in cash or by exchanging other assets of equal value. Another option is for the spouses to continue to co-own the business. This can be a difficult option, as it requires the spouses to continue to work together, despite the end of their marriage.

Protecting the Business

In some cases, it may be possible to protect the business from being divided during a divorce. This can be done through a prenuptial or postnuptial agreement that outlines how the business will be treated in the event of a divorce. It is important to consult with an experienced Family Law Attorney like Judy Burger to ensure that any agreements are legally enforceable.

Get Help from a Seasoned CA Family Law Attorney

Divorce can be a difficult and emotional process, especially when it involves a jointly-owned business. It is important to work with a seasoned family law attorney who can help you navigate the complexities of dividing a business during a divorce. Ending a marriage and severing a business relationship at the same time requires keen wisdom in human relationships as well as an encyclopedic knowledge of the law.

Judy Burger is a Certified Family Law Specialist who can guide you through the rocky shoals of divorce and help you with property division concerns over a jointly-owned business. She has solid working relationships with various professionals who can help her protect your interests and ensure that your rights are protected. These accountants, appraisers, business attorneys, real estate brokers, and other professionals work with her to help you get the most from any business division of property due to divorce.

Contact The Law Offices of Judy L. Burger today to learn more and schedule a consultation.

 

What Happens If One Party Wants to Keep the Family Residence?
California Divorce, Mediation, Property Division, Property Division

What Happens If One Party Wants to Keep the Family Residence?

Separation and divorce present numerous challenges to both parties. One of the most complex and emotional issues is dividing property. When both spouses have an attachment to the family home, this debate can become heated and fractional. What if one party wants to keep the family residence after a divorce? Or what if both parties wish to keep it and live in it?

California Family Law Specialist Judy L. Burger is well-experienced in Property Division matters relating to divorce. She can work with various specialists to determine the best course of action and your legal rights. Her team can also represent you in property division hearings and other divorce proceedings in the Family Courts when a family residence is in question.

California Property Division Law

California law follows the doctrine of community property in that any debts or assets owned by a married couple are jointly owned (community property). Therefore, each spouse has an equal interest. In a divorce, community property should then be divided 50/50 between the spouses. However, the family home may or may not be considered community property under state law.

The home may be considered community property if:

  • The home was purchased with earnings from both spouses.
  • Both spouses obtained a mortgage for the home while married.
  • Both spouses contributed earnings to pay the mortgage and/or upkeep of the home.

The family residence may be considered separate property if:

  • One spouse already owned the home before marriage.
  • The home was gifted to one spouse before or during the marriage.
  • Only one spouse provided for the mortgage or upkeep of the home.

However, separate and community property can easily become commingled in a marriage. Over time, a married couple can acquire a community interest in the home through numerous actions and investments.

Conversely, other parties can acquire an interest in the home as well. Any mortgage lender you owe will hold an interest. If you jointly own the home with a third party, such as a family home passed down to one spouse but in another person’s name, this person has an interest and legal rights. You may have also used your home as collateral for a business loan. If so, the business in question may have an interest and rights as well.

So, Who Gets the House?

The question of who gets the family residence in a divorce is never simple. As you see above, numerous factors and scenarios can come into play. Separated or divorcing spouses have some options for settling the question:

  • Agreeing on Separate Property: The couple agrees that the home is the separate property of one spouse. This must be verified by a court order to become official.
  • Negotiating a Living Agreement: The couple can agree on who maintains ownership and lives in the house. However, any joint agreement you reach must be ordered by the court to make it official.
  • Spousal Buyout: One spouse agrees to buy out the community property interest of the other spouse. An independent appraisal is necessary and the court must agree to this arrangement.

If the couple cannot agree, the Family Court will turn to California’s property division laws to make orders. In the case of separate property, the home belongs to the spouse who owns it. When the home is declared community property, the court may order the following solutions:

  • Sell the Home: The family home is sold and the proceeds are divided equally among the parties holding an interest or according to the courts division (if any separate property interest is determined).
  • Buyout: One spouse is allowed to purchase the other’s community property interest and becomes the sole owner of the home.
  • Deferred Sale: If a couple has minor children at home, the couple may remain joint owners but allow the custodial parent to live in the home with the children. This can often make a divorce easier on younger children. After a specified time, the home is sold and the proceeds are divided.

Get Seasoned Representation for CA Property Division

Numerous factors can arise in any property division during a divorce, so you need seasoned legal representation and counsel to protect your interests. Family Law Attorney Judy L. Burger is a skilled negotiator and vigorous defender of your rights. She has the knowledge and experience in family law to handle difficult or complex property settlements on your behalf.

Contact one of our offices throughout California today to get help with difficult property division questions in a divorce.

vacation
California Divorce, Child Custody

Can You Take Your Child on Vacation After a Divorce?

Divorce is already a stressful and complicated process, and it can be even more challenging to navigate when children are involved. One of the most common questions during a divorce is whether or not you can take your child on vacation. The answer to this question is not always clear-cut, and several factors come into play. This blog post will discuss how to divide vacation time during a divorce and how to successfully and legally take your child on vacation after a divorce.  

 

Understanding How Vacation Time is Divided During a Divorce

 

Vacation time is generally included in the parenting plan that’s decided during the divorce proceedings. This plan typically outlines how vacation time is split between parents and the specific dates each parent is given. Most family courts consider each parent’s work schedule, the child’s school calendar, the distance between the parent’s homes, and many other factors before deciding the vacation schedule. Therefore, reviewing these details carefully is essential.

 

Discussing Vacation Plans With Your Ex-Spouse Beforehand

 

If you have not had a Court make an order regarding vacation time with your children, communicating effectively with your ex-spouse is crucial to ensure your vacation plans align with your parenting plan. Discuss your proposed vacation plans with your ex-partner and make sure they approve them. It’s best to communicate with them about the dates of the vacation, transportation arrangements, the destination, and any other plans or activities you have in mind so that they feel informed and involved. Doing so will help avoid potential conflicts and make the vacation experience more enjoyable for everyone involved.  Agreements made between the parties must be made into a written stipulation and sent to the Court to become a Court order.  If you fail to successfully complete these steps you may have no recourse if the other party refuses to abide by your vacation agreement.  It is always best to engage a family law attorney to prepare the stipulation and ensure the Court has made the agreement into a Court order. 

 

Tips for Planning a Successful Vacation After Your Divorce

 

Planning a successful vacation after a divorce can be challenging. Below are some tips that will help you plan a successful vacation:

 

  1. Choose a location that appeals to your child’s interests and hobbies.
  2. Give your child a sense of control by letting them pick some of the activities or meals.
  3. Keep an open line of communication with your child and listen to their concerns.
  4. Stick to your parenting plan as much as possible.
  5. Create a travel itinerary with your child so they feel involved.

 

Effects of Taking Your Child on Vacation Without Permission from the Other Parent

 

Taking your child on vacation without permission from the other parent can result in legal complications. It could violate the parenting plan, and your ex-partner could go to family court to change the terms of the agreement or hold you in contempt for violating the parenting plan Court order.

 

When to Seek Legal Guidance Regarding Vacations

 

If you’re planning a vacation with your child and have concerns about your ex-partner’s reaction or are unsure about the legality of it, you should seek legal guidance. A family law attorney will review your parenting plan and advise you on planning a vacation that meets the legal requirements without violating the existing agreement.

 

At the Law Offices of Judy L. Burger, our experienced family law attorneys are experts in California divorce and family law and can guide you on family law matters ranging from divorce, child custody, and visitation agreements to domestic violence. We provide personalized attention and advice to our clients and work towards achieving their goals. Contact us today to schedule a consultation, and we’ll gladly assist you in any family law matter.

private school tuition
California Divorce

Who Pays for Private School Tuition?

Divorce is a difficult situation for everyone involved, especially children. In addition to the emotional and psychological toll of a divorce, parents also have to deal with practical issues such as child custody, visitation schedules, and child support. One issue that may arise during a divorce is who will be responsible for paying private school tuition for the children. This blog post will explore the legal implications of private school tuition payments during a divorce and provide some tips on how to ensure the children enrolled in private schools continue to receive a quality education.

 

What are the Legal Implications of Private School Tuition Payments After a Divorce?

 

In most divorces, parents split the cost of their child’s education. However, private school tuition can often be contentious, especially if one parent believes it’s unnecessary or unaffordable. In California, the law allows parents to agree on who should pay for private school tuition. However, if the parents can’t agree, it’s up to the court to decide. The court will consider several factors, including the parents’ income, the child’s needs and best interests, and other relevant factors.

 

Exploring Options for Who Pays Tuition

 

In some cases, grandparents, other family members, or even trusts may be able to help pay for private school tuition. However, it’s important to note that the court may not consider these payments as part of the existing child support order unless it’s specifically included in the order.

 

How to Ensure That Children Enrolled in Private Schools Still Receive a Quality Education Despite the Divorce 

 

It’s essential to prioritize the children’s education despite the divorce. One way to ensure they still receive a quality education is to work with their private school and your ex-spouse to establish clear lines of communication. Additionally, it may be helpful to work with a therapist or counselor to address any emotional or psychological issues the children may be experiencing.

 

What Happens if One Parent Stops Paying Tuition After the Divorce is Finalized? 

 

If one parent stops paying their Court ordered portion of the private school tuition, the other parent can take legal action to enforce the child support order. This may include wage garnishments, liens on property, or even jail time. However, it’s important to note that parents should try to work out their issues first.

 

Can Parents Agree on an Alternate Arrangement for Payment of Private School Tuition?

 

Parents can agree on alternate arrangements to pay private school tuition as long as both parties agree. For example, one parent may agree to pay for the children’s private school tuition in exchange for a reduction in other child support payments.

 

How to Make Those Agreements Legal   

 

If you make an agreement with your ex-spouse regarding tuition payments, that agreement must be made into a written stipulation, signed by both parties and sent to the Court to become a Court order. It is best to engage a family law attorney to assist you with preparing the stipulation and ensuring the Court makes it into a Court order. If you fail in any of these steps you may have no recourse against the other party if they fail to make their share of the tuition payment.

How to Negotiate Private School Tuition Payments Without Ending up in Court

 

Divorce is already difficult, and no one wants to end up in court. One way to negotiate private school tuition payments is to work with a family law attorney. A family law attorney can help you understand the legal implications and negotiate the terms of the agreement with the other party or their attorney.

 

If you’re going through a divorce and need help navigating the complex issues surrounding private school tuition payments, we can help. At the Law Offices of Judy L. Burger, we are experienced family law attorneys who can help you understand your legal rights and obligations. We can also help you negotiate with your ex-spouse and ensure your children receive a quality education. Contact us today to schedule a consultation. 

extracurricular activities
California Divorce, Child Support

Who Pays for Extracurricular Activities for Children After a Divorce?

Divorce can be a challenging time in a family’s life. It is an emotional and financial struggle, and one of the most complex aspects of separation is deciding about the expenses involving children. Among these expenses, extracurricular activities, such as sports, dance, and music lessons, can be costly. So, who should be responsible for paying the costs of such activities? This blog post will discuss all the necessary information you need to know regarding this issue.

Common Child Support Myths About Extracurricular Activities

Many myths surround the payment of extracurricular activities. For instance, some people believe that child support covers all these costs, which is not the case. Child support contributes to a child’s needs, such as food, shelter, and clothing. Payment for extracurricular activities is considered a child support add-on cost. On the other hand, others may feel that the parent who wants the child to participate should be responsible for the costs. However, this is not always how the Court will view extracurricular activities as many activities offer valuable opportunities for a child’s growth and development. 

Determining Who Pays Under California Law 

According to California law, both parents should be responsible for the necessary costs of raising a child. This law includes the expenses of extracurricular activities. This means that parents should find a way to share these costs. If the parties cannot agree on what extracurricular activities the child should engage in and their payments the Court will have to decide.

Presenting Your Case for Payment to the Other Parent  

It is crucial to approach the other parent and discuss the costs involved. It is best to approach this in an amicable manner and clearly state your child’s needs and interests. Present your case with facts and discuss the value of the extracurricular activity. If you reach a decision, make sure that you have a written agreement on the cost-sharing arrangement and that it becomes a Court order.

Modifying Child Support Orders to Include Activity Costs

If your current child support order does not cover the expenses of extracurricular activities, you can petition the Court to make orders regarding these issues. The Court will evaluate the family’s financial status and decide how the parties split the cost of the activity.

Negotiating Responsibility for Activities in Your Settlement 

Whether you are in the process of separation or divorce, remember to include extracurricular activities in your settlement. A written agreement will help prevent future problems and disagreements with your ex-spouse. 

 

Enforcing Extracurricular Payment Through the Court System

 

If one parent refuses to pay the cost of the activity, the other parent can seek the assistance of the Court to enforce payment. A California family law attorney can provide you with guidance and representation during the enforcement process.

 

Co-Parenting Strategies When You Disagree About Extracurricular Activities

 

Children’s extracurricular activities often cause disagreements between parents as different priorities, financial situations, or scheduling matters arise. Negotiation, compromise, and consideration of the child’s best interests are vital factors. 

 

Deciding who pays for extracurricular activities during a divorce is a complex matter. A California family law attorney could provide you with the necessary guidance and representation. Our team at the Law Offices of Judy L. Burger can guide you through every step of the legal process, ensuring your rights and interests are protected. Contact us today to schedule an appointment. 

after divorce
California Divorce, Child Custody

Can You Take Your Child Out of the Country After a Divorce in California?

Traveling with your child can be a life-enriching experience, but for divorced parents, it can also be a complicated process. When traveling with a child out of the country after a divorce in California, you may be wondering what the rules are. This blog post will delve into the legal requirements that a parent needs to fulfill before they can travel internationally with a child post-divorce in California.

What Needs to Happen Before Traveling Internationally with a Child After Divorce?

To travel internationally with a child during or after a divorce in California legally, you need to get a few things in order first. Generally, the law requires that you have a written agreement (made into a Court order from the other parent or the Court before traveling outside the country with your child.  If the other parent does not agree to your travel, you must ask the Court for a Court order to travel.

Get the Proper Paperwork in Place

One of the main priorities when planning a trip with your child is ensuring that your custody orders or parenting plan allows for international travel. You will also need to have your and your child’s passports in place. If the other parent opposes the travel plans, the parent has to obtain a court order to allow international travel. Apart from these, you must fill out consent, medical release, and flight itinerary documentation forms.

Communicate Travel Plans with the Other Parent and Allow Time for Objections

The parent who wishes to take the child out of the state of California, especially out of the country, needs to inform the other parent of the travel plans and the itinerary. The other parent will then have time to object if they need to.

Consider the Best Interests of the Child When Planning Trips

When planning to travel outside the country with a child, the most important thing to consider is the child’s best interests. You should choose destinations and activities that align with the child’s interests, such as visiting a family member, attending an educational activity, or religious observances.

Maintain Frequent Contact with the Other Parent During Extended Trips

When traveling with your child, especially on extended trips, it is essential to maintain clear and open communication with the other parent. It is also good practice to keep the other parent informed if your itinerary changes. Your child should have contact with the other parent while traveling through phone calls or facetime.

Follow Court Orders and Parenting Plans When Returning from an International Trip

When you return from your international trip, you must follow any court orders that existed before the trip. Some provisions may require you to notify the other parent upon arrival. Failing to abide by court orders or parenting plans may result in legal action from the other parent.

If you need assistance navigating the complexities of traveling outside the country with your child after a divorce, it is always best to get legal guidance. At the Law Offices of Judy L. Burger, we understand the sensitivities involved in these situations and are here to help you make the best decisions for your child. Our child custody attorneys have handled countless travel-related cases and can provide you with trusted legal support. Contact us today to schedule an appointment. 

 

pregnant during divorce
California Divorce, Child Custody

What if I am Pregnant During a Divorce?

Divorce can be a painful and emotionally challenging process for anyone, but the situation can become even more complicated if you are pregnant. In California, if you are going through a divorce with a baby on the way, it is essential to understand how your pregnancy will impact your divorce proceedings. From support to custody arrangements, parenting plans, and paternity, you need to address many issues with your legal team if you are pregnant during divorce.

This blog post will walk you through some key considerations if you are pregnant during a divorce. We will also give you some tips and strategies on how to navigate your pregnancy and divorce proceedings with the help of a reliable California family law attorney.

How does Pregnancy Impact Divorce Proceedings in California?

When a divorce involves pregnancy, several legal issues need to be considered. One of the most significant considerations is child support. Both parents have a legal obligation to support their children, and this obligation does not change if the parents decide to divorce. However, the financial needs of a newborn can be significant, and both parents’ income will likely be an important factor in determining child support arrangements.

Custody arrangements are another issue that must be addressed. While there is no legal presumption in favor of either parent, the Court will consider the child’s best interests when making custody decisions.

Establish Paternity Early in the Process

If you are pregnant during a divorce, it is essential to establish paternity early in the process. This will ensure that parental rights and responsibilities are appropriately assigned and that the Court can issue custody, visitation, and support orders. If paternity is in question, DNA testing may be required to establish the biological father of the child.

Document all Expenses Related to Prenatal Care and Delivery

When you are pregnant during a divorce, it is essential to document all expenses related to prenatal care, delivery, and postnatal care. These expenses will be considered when calculating child support. Your California family law attorney can help you gather and organize this information to support your case.

Creating a Parenting Plan Addressing the Needs of the Newborn

A newborn’s needs are unique, and you must consider them when creating a parenting plan during a divorce. This may involve building flexibility for breastfeeding and nap schedules and accounting for additional medical care that the baby may need. A parenting plan should be as specific as possible to minimize conflicts down the road.

Temporary Orders for Support, Custody, and Healthcare During the Divorce

If you are pregnant during a divorce, it may be necessary to obtain temporary orders for support, custody, and healthcare. This can ensure that you adequately address your child’s needs during the ongoing divorce proceedings. Your attorney can help you file these orders with the Court and advocate for your interests.

Coordinating Parenting Time Schedules with the Demands of a New Parent

Finally, if you are pregnant during a divorce, it may be necessary to coordinate parenting time schedules with the demands of a new parent. This can be challenging, especially if you or your spouse also have work or school obligations. Your attorney can help you negotiate a schedule that balances the child’s needs with the practical realities of your situation.

If you are pregnant during a divorce, you need an experienced and compassionate California family law attorney on your side. Our team at the Law Offices of Judy L. Burger can guide you through every step of the legal process, ensuring your rights and interests are protected. We have helped many clients in similar situations and will work tirelessly to achieve the best possible outcome in your case. Contact us today to schedule an appointment. 

community property
California Divorce

Can Property be Both Community and Separate Property?

The distinction between community and separate property can be complex to understand. Community property refers to assets and liabilities that spouses acquire during a marriage, while separate property refers to assets and liabilities acquired before the marriage, or by gift or inheritance or after the date of separation. However, there may be some cases where property can be both community and separate. This blog post will explore this concept further and discuss how you can protect your assets.




What are Community Property and Separate Property in a Divorce? 

In California, community property presumptively refers to assets and liabilities that a couple acquires during a marriage. This includes income earned by either spouse and any assets purchased or debts accrued during the marriage. Separate property, on the other hand, presumptively refers to assets and liabilities acquired before the marriage or by gift or inheritance or after the date of separation. This can include items like property owned before the marriage, inheritances or gifts received by one spouse, or personal injury settlements. It is important to understand the distinction between community and separate property, as it can affect the distribution of assets in the event of a divorce.

 

Examples of Community Property

 

Examples of community property can include shared bank accounts, shared investment accounts, retirement accounts, real estate purchased during the marriage, and other significant assets. Community property can also include income earned during the marriage, such as salaries, wages, and earnings from a business.

 

Examples of Separate Property

 

Examples of separate property can include one spouse’s assets and liabilities before the marriage, inheritances or gifts received by one spouse, and personal injury settlements. Separate property can also include items like furnishings or vehicles that one spouse solely owned before the marriage or after the date of separation.

 

How Can Property Be Both Community and Separate Property?

 

In some cases, property may be both community and separate. For example, a home that one spouse owned before the marriage may have been considered separate property. However, if the couple made mortgage payments together or renovated the property during the marriage, the property may now be considered both community and separate. This can make it complicated to determine how the property should be divided in the event of a divorce or death.

A Common Issue: What Happens if One Spouse Wishes to Keep the Home Following a Divorce?

A common issue in a divorce is how to divide the interest in the family residence if one party purchased the home prior to marriage.  That party may claim that 100% of the equity in the home belongs to them which may or may not be correct.  The Court will consider some of the facts surrounding the purchase of the property, the source of the mortgage payments, the source of the funds for improvements and if and when the other party went onto title of the property.

 

Navigating complex divorce situations can be challenging, but it doesn’t have to be overwhelming. At the Law Offices of Judy L. Burger, we understand the specifics of California family law and the importance of protecting your assets. Our skilled attorneys can help you navigate the complexities of community and separate property. Contact us to schedule an appointment.

pet custody
California Divorce, Pet Custody

What Happens to Your Pet During a California Divorce?

Pets are beloved family members for many people, and divorce can be challenging for everyone involved. This is especially true when it comes to pets. California family law treats pets differently than other marital assets, and it is important to understand the legal implications of separating from your partner when you have a furry friend. This blog post will take a closer look at how California divorce laws treat pets and provide some practical advice on what you can do to ensure your pet’s best interests are always taken into account.

 

An Overview of How California Divorce Laws Treat Pets

 

In California, pets are considered “property” during a divorce. This means that they are subject to the same distribution laws as other assets, such as a car or house. However, there is one essential difference: pets are living beings that require care and attention. Unlike other property items, judges don’t have the authority to divide pets in half if couples can’t agree on what to do with them. Instead, the responsibility falls on the court to decide who will retain custody of the pet after the divorce is final.

 

Property vs. Custody – What’s the Difference for Pets in a Divorce Case

 

As mentioned before, in a divorce case, pets are treated differently than other assets. When determining what happens to a pet, judges don’t award “custody” like they would for children. Instead, they grant “possession.” This means that one party will be authorized to keep the pet, and the other party will not have any legal rights to demand visitation or other input. It is also worth noting that pets are not subject to child support obligations, and judges don’t assess financial payments to the party that retains possession.

 

Understanding the Role of Pet Agreements in California Divorces

 

Pet agreements are a vital part of any divorce proceeding where pets are involved. These agreements are essentially legal documents laying out arrangements for the care and custody of pets during and after the divorce is final. A couple can use pet agreements to help avoid pet disputes and provide guidelines for responsibilities like taking pets to the vet and feeding them. California courts will typically enforce pet agreements, so it’s essential to ensure you create one that is in your pet’s best interests.

 

Factors Used to Determine the Best Interests of Your Pet During a Divorce

 

When determining your pet’s best interests during a divorce, a court considers several factors. Some of the things that judges consider include but are not limited to, who has been the pet’s primary caregiver, the emotional attachment of each party to the animal, and the stability of the pet’s living environment. Judges may also look at whether either party has a history of animal cruelty or neglect. When discussing your pet’s future during the divorce proceedings, it is essential to highlight these factors.

 

What You Can Do to Secure Your Rights to Your Pet in a Divorce 

 

One of the essential steps you can take to secure your rights to your pet during a divorce is to demonstrate the love, care, and attention you give to your pet. This will help you build a case that can appeal to the court while safeguarding your pet’s welfare. Another thing you can do is document all aspects of your pet’s care in detail, such as veterinary bills, grooming schedules, and the emotional bond between you and your pet. These documents will show the court what is in the pet’s best interest and help the court make a fair decision.

 

Divorce proceedings and pet custody can be a complex process; hence, it is essential to involve a competent California family law attorney and advocate for your interests. At the Law Offices of Judy L. Burger, we specialize in family law, including divorce, child custody, and pet custody. We have successful experiences in handling various divorce and pet custody cases. Our dedicated attorneys are committed to walking with you every step of the way, providing legal guidance, support, and unmatched representation. Contact us to schedule an appointment.