Recent Blog Posts
What Is A Default Divorce?
There are many ways to resolve a divorce case in California. You can reach an agreement with your spouse on your own, or you can employ a family law mediator or attorney to negotiate the matter out of court. When a case involves complex matters or the two spouses are combative, the matter may… Read More »
When To Seek A Child Custody Modification
Once all terms of a divorce, including property division and child custody, have been resolved, the judge overseeing the case will issue a divorce decree. The divorce decree outlines the terms, as well as each party’s rights and responsibilities after the divorce. The terms outlined in the divorce decree are final and legally binding… Read More »
How To Divide A Vacation Home During Divorce
The property division process in divorce is often a complicated one, particularly when assets with high values are involved. One of the most complex shared assets to divide during divorce is the marital vacation home. If you and your spouse share a vacation home together, it may be divided in the same manner as… Read More »
Can A Parent Reduce Their Child Support Obligation Due To COVID-Related Financial Losses?
The COVID-19 pandemic has caused a substantial financial disruption for many California families. Many parents have found their income reduced. But a reduction in income does not automatically mean a reduction in spousal or child support obligations. Under California law, a judge must find there has been a “material change in circumstances” to justify… Read More »
Can My Spouse File For Divorce Without Me Knowing?
Divorce is not a difficult process in most cases. But it is still a legal process. This means that certain formalities must be followed. For example, when one spouse files for a divorce (or an annulment), they need to take certain steps to serve their complaint on the other spouse. Appeals Court Reverses Default… Read More »
Does A California Judge Have To Adhere To A “50/50” Split Of Parenting Time?
Ideally, parents who decide to divorce can come together and negotiate an acceptable schedule for sharing custody. Of course, the court is the final arbiter of what arrangements are in the “best interests” of the child. And if a dispute does later arise, say as to whether to modify a previously agreed upon schedule,… Read More »
Understanding The Six-Month Waiting Period For Divorce
In Santa Clara County, as throughout the rest of the state, there is a six-month waiting period for couples who want to get a divorce. The concept of the waiting period seems straightforward enough, but it is just one element of family law that highlights how confusing the different rules surrounding divorce are. The… Read More »
Common Misconceptions About Divorce Mediation
There is more than one way to get a divorce in Santa Clara County. You may envision a long and nasty courtroom battle but fortunately, few divorce cases end up going to trial. At Hepner & Pagan, LLP our first choice for our client’s is to get their divorce related issues into mediation. Mediation… Read More »
Ways People Hide Assets During Divorce
Many disputes may arise during the divorce process but some of the most heated involve asset division. The shared philosophy of “what is mine is yours” that prevailed during the marriage tends to fall away and spouses can find themselves suddenly fighting aggressively over certain assets. In some instances, spouses may even become so… Read More »
Understanding The Best Interests Of The Child In Santa Clara County
In any divorce case that involves children, custody issues are some of the most contentious. Feeling uncertain and filled with worry at this time is natural, as you are likely very concerned about the outcome of your custody case. Knowing what a judge will consider during child custody hearings can help you better understand… Read More »
