Sacramento Family Law Blog

Most divorce attorneys in Sacramento and throughout California advise their clients to attempt to settle divorce issues by agreement without resorting to costly discovery and litigation. This is especially true if minor children are involved. However, many clients do not understand the negotiation process, and they are motivated more by anger than by a desire to resolve the divorce issues quickly.

Judges have many options to help couples resolve their differences, including early neutral case evaluation, mediation and referral to various experts for advice. The legislature has created another tool called family centered case resolution plans.

For Sacramento couples with a high net worth, dividing assets in a divorce can be a quagmire of emotion and uncertainty. Couples will fight over which assets are community property and which are separate property. And, one of the thorniest issues is whether one or both spouses have hidden assets.

A skilled divorce lawyer can conduct an effective search for hidden assets by using various forensic and legal tools. For example, a CPA can review financial records of business operations and investment transactions. A banker can review off-shore financial transactions. In the end, the attorney must coordinate the search and present its results in court.

California judges have broad powers to resolve the many issues in a divorce. Refusal to obey an order establishing the parties' rights to child custody and visitation can result in a citation for contempt of court, a fine, and, in extreme cases, criminal charges. A recent child custody incident in Northern California demonstrates the sort of extreme behavior that can lead to unhappy results for all concerned.

Deputies from the Humboldt County Sheriff's Office are searching for a 34-year-old male and his 23-month-old daughter. The Humboldt County Court recently issued an order granting full custody of the girl to her mother. The man and his daughter were last seen at the Humboldt County Courthouse on May 2. The girl's mother reported her missing on May 11. Deputies believe that the father intends to go into hiding and conceal the location of the girl to avoid the effect of the custody order.

When a Sacramento couple decides to end their marriage, providing for the welfare of their children is one of the most important issues they will face. Unfortunately, divorcing spouses often do not view the issues involved in their children's welfare in the same light. A jointly drafted parenting plan can be a very helpful tool in resolving disputes about child custody and visitation.

A parenting plan is a written agreement between the spouses that is negotiated and agreed upon without the direct involvement of the court. Many parenting plans are written during the course of a divorce mediation. As the parties negotiate their parenting plan, they should keep in mind that the court will review the plan before it is signed and becomes an official court order.