Gary, Till, Burlingham and Lynch

Refresher: Social media mistakes can hurt your custody case

2026-10-22T21:09:16Z

You may have heard that social media activity can become part of a custody dispute. Even a post that seems harmless may raise questions about a parent's judgment, credibility or ability to support a child's best interests. If you are facing a custody matter, it's time to refresh your understanding of how social media can influence your case.

How its use impacts custody disputes

California courts focus on the child's health, safety and welfare when making custody decisions. Online information may be reviewed if it is relevant to the issues before the court. In some cases, social media posts, photos, videos or messages can be used as evidence. Unfortunately, deleting questionable content may not prevent its discovery if screenshots or copies already exist.

Social media behaviors to avoid

Since what you share online could impact your case, here are some guidelines to follow:

Don't post negative comments about your co-parent
Don't share details about ongoing court proceedings
Don't share content that could be viewed as irresponsible behavior
Don't post inflammatory content in public comment sections
Don't assume private messages are completely hidden

A single post may not determine the outcome of a case. However, a pattern of online behavior can sometimes affect how the court views a parent's actions and decision-making.

Adopt a careful approach

Before posting, it may help to consider how the other parent and their legal team could interpret the content. Even jokes, sarcasm or comments made in frustration can be misunderstood when viewed outside their original context. Taking a more cautious approach to social media during a custody dispute can help prevent unnecessary complications and place you in a stronger legal position as custody matters move forward. For an extra layer of protection, seek additional guidance from someone who understands how child custody disputes typically unfold in California.

How do divorce and legal separation differ in California?

2026-10-08T03:42:46Z

You know that a divorce ends a marriage, but what if you don't want to fully dissolve the legal union? California offers legal separation, which keeps spouses married but living under specific court‑ordered terms. Many couples with complex assets choose the legal separation path for personal, financial and other reasons. Here are some things to consider when deciding between the two options.

Comparing legal separation and divorce

As you know, divorce severs the marital relationship and restores each spouse to the status of a single individual. It requires:

Meeting California’s residency rules
Completing mandatory disclosures
Resolving property, support and parenting issues before a final judgment

A legal separation keeps spouses married but establishes court‑ordered terms for living separate lives. Here's what you should know about legal separation:

No residency requirement except one spouse must live in California when the petition is filed
Mandatory financial disclosures are still required
A separation can be converted to a divorce later It allows spouses to address finances, parenting and daily responsibilities

Some couples choose a legal separation to honor religious beliefs or for financial stability during complex transitions.

When legal separation may benefit high‑asset spouses

Couples with wealth or valuable assets sometimes use legal separation to stabilize financial matters before making any long‑term decisions. This approach can help preserve privacy, reduce litigation pressure and give spouses time to evaluate tax considerations or business impacts. It also helps couples manage complex holdings before and during a divorce. A separation agreement can address issues such as investment management, business operations and interim financial support. Whether or not couples go ahead with a full divorce, a well-drafted agreement lays a solid foundation for moving ahead with separate lives.

Choosing a suitable custody schedule for your child

2026-09-23T15:14:02Z

A custody schedule is a crucial element when going through a divorce with a child. It outlines how they will spend time with each parent. Thus, you want to create a schedule that works for your child. One that is in their best interests and still practical. A few factors can help you choose a suitable schedule, including:

Your child’s age

If your child is younger, they need frequent contact with both parents. So, a schedule with short visits can be ideal. If your child is older, you can use a schedule with fewer transitions.

Your child’s temperament

A child who always has a difficult time adapting to new situations, regardless of age, benefits from a schedule with longer blocks, as it reduces anxiety and stress. If your child is easy-going, different schedules can work.

Your child’s daily routine

If you have a daycare- or school-going child, your chosen schedule must accommodate their daily routine. If you want to have exchanges on school days, plan appropriately to avoid interrupting your child’s schedule.

Your work schedules and availability

How many hours do you work? How many days a week do you work? Do you work late or night shifts? Do you travel for work? etc. Answering these questions helps you choose a schedule that allows both of you to spend quality time with your child. It can also reduce the chances of last-minute changes.

Distance between the homes

The distance between the two homes and the homes and your child’s school, daycare and other crucial places determines whether or not a schedule can be practical. Parents who live near each other have more options than those who live far from each other. Considering these factors helps co-parents choose a suitable schedule for their child. Learn more to make informed decisions regarding your child’s new life.

How are rental properties divided in a California divorce?

2026-09-18T14:50:29Z

A divorce can become more complex when you own several rental properties in addition to the family home. Each one may have its own mortgage, equity and income. If you bought some before marriage, you may need to sort out what stays separate and what you and your spouse may share.

Which rental properties are community property?

California generally treats assets bought during marriage as community property, meaning they usually belong to both spouses. A home you owned before marriage usually stays separate, along with the rent and profits it earns. Still, if earnings from the marriage helped pay down the loan principal on a separately owned rental, part of its value can become subject to division. That does not turn the entire asset into community property.

What can happen to multiple rentals?

California generally requires an equal division of the community estate, not an equal split of every property. You and your spouse might agree to:

Sell some or all properties and divide the proceeds
Let one spouse keep certain rentals while the other receives different assets
Use other shared assets to balance the value of a property one spouse keeps

Selling one of these holdings may lead to capital gains taxes. A transfer between spouses or former spouses as part of a divorce generally does not create recognized gain or loss at the time of transfer. Rent received and costs paid while the case is pending may also affect the final division. Appraisals and financial records help show how each asset fits into the larger estate.

When does a separate rental gain a community interest?

Under the Moore/Marsden rule, courts may look at the purchase price and how much loan principal was paid with earnings from the marriage. Appreciation before marriage remains separate, while payments for interest, taxes and insurance do not increase the community's share. An appraiser or financial professional can help when property values or ownership records are complex.

Review the full rental property portfolio

Dividing several rentals involves more than comparing their current values. Ownership history, debt, income and each spouse's interest can affect your finances after divorce. Reviewing the whole portfolio can help you see your options more clearly and plan for what comes next. Legal guidance can also explain how California property rules may apply to each asset.

How do divorced parents make medical decisions?

2026-09-11T17:36:16Z

Children often do not have the ability to make their own medical decisions. Young children do not fully understand their own medical needs or the procedures being carried out. While they are minors, their parents are in charge of making those decisions for them. For example, when a married couple has a newborn, they will usually work together to decide what type of care the child gets from the pediatrician. This could include going to checkups, getting vaccines, authorizing the use of certain medication during illness or authorizing emergency treatment if the child is injured. But how do parents make these same decisions if they have already gotten divorced?

Co-parents with legal custody rights

For co-parents, the key is to carefully consider the custody arrangement that was set up during their divorce case. It should address both physical custody and legal custody. While physical custody determines where the child lives, legal custody governs which parent has the right to make certain decisions about healthcare, religion, finances, education and much more. In some cases, one parent has legal custody, and the other does not. That parent can make medical decisions on their own. In most cases, though, both parents share legal custody rights. This means that they still have to make joint decisions, working together the way they would when they were married. If they cannot come to a decision on their own, the case may need to be resolved before a judge. Situations like this can become very complicated after a divorce, and differences in opinion can grow contentious. It is crucial that parents understand their legal rights and what steps they can take.

Will I still need to pay child support if my ex passes away?

2026-08-29T20:20:27Z

When an ex-spouse with custody of your child passes away, an existing child support obligation does not necessarily mean you must continue making payments to the deceased parent's family. Child support is intended to meet the child's needs. So, the death of the custodial parent will generally inspire the courts to determine where the child will live and how financial support should be handled going forward.

What happens to custody after one parent dies?

Custody awarded to your ex does not mean their relatives automatically receive custody after death. As the surviving biological parent, you may have grounds to seek custody of your child. However, the previous custody arrangement and its reasons matter. For example, a court may consider whether placing the child with you serves the child's best interests. Existing restrictions on your parental rights may also affect the decision. In some circumstances, a relative or guardian could seek custody and argue that the child's best interests lie in remaining in their care.

Does child support automatically go to an ex-spouse's family?

Generally, relatives do not automatically inherit the right to receive ongoing child support just because they are related to the deceased custodial parent. Any family member may need to obtain legal authority to care for the child before support can be redirected to them. The situation may differ if a relative becomes the child's court-approved guardian or custodian. A court may then determine that the surviving parent should continue providing financial support, with payments going to the person legally responsible for the child's care. Therefore, do not assume an existing order has ended simply because your ex-spouse passed away. Until the court addresses the changed circumstances, stopping payments independently could potentially result in arrears. A knowledgeable legal team can review your current support order, and help establish who – if anyone – should legally receive support moving forward.

Getting your paperwork ready for a divorce

2026-08-19T01:40:55Z

Divorce is deeply personal, but much of the legal process comes down to paperwork. Financial records and other documents help establish what each spouse owns, owes and earns. They can affect decisions about property division, spousal support and other important matters.

Gathering these records early can make the divorce process easier and give you a clearer picture of your financial position. It can also reduce the risk of delays caused by missing or incomplete information. Although the documents required will depend on your circumstances, the following are a good place to begin.

Prenuptial and postnuptial agreements

If there's a prenuptial or postnuptial agreement in place, locate a complete copy and provide it to your attorney. The agreement may affect how certain assets or debts will be handled during the divorce.

Not every provision is necessarily enforceable. For example, spouses generally cannot use an agreement to make binding decisions about child custody because courts must consider the child’s best interests at the time of the divorce.

Records of your assets and debts

You will need documents showing what you and your spouse own, along with what you owe. Start gathering recent statements and records for items such as:

Checking and savings accounts
Credit cards and personal loans
Mortgages and home equity loans
Retirement and pension accounts
Stocks, bonds and other investments
Life insurance policies with cash value
Real estate and business interests
Cryptocurrency and other digital assets

Some assets are easy to overlook, particularly those that are not held in traditional bank or investment accounts. Try to create as complete an inventory as possible, including property held individually, jointly or through a business.

Proof of income

Income information may be important when determining spousal support, child support and each spouse’s ability to meet financial obligations. Depending on how you earn money, useful records may include pay stubs, employment contracts, tax returns and bank statements.

Be sure to account for income beyond your regular wages. This could include bonuses, commissions, royalties, rental income, trust distributions, investment income or earnings from a side business.

Both spouses are generally expected to provide accurate and complete financial information. Intentionally hiding assets or income can lead to court penalties and may seriously damage a person’s credibility. An attorney can help you determine which documents are required, identify missing information and prepare for the financial disclosure process.

Who pays for college in a California divorce?

2026-08-06T07:31:33Z

As high school graduation approaches, many divorcing or divorced parents face a major financial question: who is legally responsible for paying for their child’s college education? Unlike some states where the judge can order parents to contribute to university tuition, California courts generally cannot order a parent to pay for an adult child’s college unless the parents have agreed to do so or another legal exception applies. Under California law, a parent’s legal obligation to pay child support terminates when the child turns 18, or when they turn 19 if they are still a full-time high school student living at home. Once your child receives their high school diploma, basic statutory child support ends. In most cases, a court's authority to order child support ends at that point, absent a statutory exception or a voluntary agreement between the parents.

How to cover college expenses in your divorce?

Because judges lack the legal authority to mandate post-secondary support, securing college funding requires proactive planning during the divorce process. Parents can agree to fund college as part of their Marital Settlement Agreement. Once a judge approves your settlement, the voluntary agreement becomes a legally binding court order. A solid agreement should have:

Cost caps: Limiting parental contributions to standard in-state public university rates
Expense splits: Defining how tuition, room, board and textbooks will be divided between parents
Student requirements: Requiring the child to have a minimum GPA to continue receiving support

Existing 529 accounts funded during the marriage are considered community property. Your divorce decree should state who manages the account and how funds will be distributed to prevent post-divorce disputes.

Protecting your child’s future

By addressing higher education expenses upfront, you could secure both your child’s future and your long-term financial goals. Working with an experienced family law attorney during settlement negotiations can help create a clear plan for funding your child’s education without extra stress.

Does cohabitation impact spousal support?

2026-07-22T18:44:37Z

Committing to a partner can be a bright milestone after a divorce. While this move is a personal choice, it also has legal effects on your finances. In California, moving in together can change how the court views the need for monthly support payments.

Defining cohabitation

In the eyes of the law, cohabitation is more complicated than just sharing a key. In California, cohabitation generally means living together in a romantic relationship. Courts look at the full situation, especially whether living together lowers the supported spouse’s living costs. Signs they look for include:

Combining bank accounts or sharing bills
Cohabitation agreements that may be in place
The length of time spent living in the same home
Telling friends and family you are a committed couple
Sharing household duties or expenses in a way that lowers living costs

No single fact decides the case because judges look at the whole picture.

Tackling the legal impact of cohabitation

California law may create a rebuttable presumption that a person living with a new partner needs less financial help, which could support a claim to modify or terminate spousal support. However, casual dating does not usually change these payments. As such, if you are the spouse paying support and believe your ex is cohabitating, you may ask the court to lower or stop the payments. You must show that the other person is truly living with someone else. Gather facts if you believe the living situation has changed, like proof of shared bills or social media updates. If you are the person receiving support, you may counter claims of cohabitating or prove you still require financial support. To do so, keep separate bank accounts to show financial independence and document all individual expenses and clear financial boundaries with the new partner. These details help the court see the true financial situation of both people. Courts decide case-by-case, and support can change only by court order.

Moving in (and moving forward)

Cohabitation is a major life change that often leads to a review of spousal support orders. While every situation is different, the law provides a clear path to keep things fair. Understanding these rules helps both parties manage expectations and pursue a fair outcome to alimony challenges.

3 things parents should consider before divorcing

2026-07-16T08:49:47Z

A decision to divorce isn’t always one that’s easy, and it generally becomes even more complex when children are involved. It’s critical that both parents take the time to think beyond just the decision to end their marriage before moving forward with the legal process of ending their union. Divorce can affect where children live, when they spend time with each parent and how expenses for the children are handled. Understanding a few things about life with children after a divorce is necessary in order to move forward effectively.

#1: Daily routines will change

Changes in daily routines are often one of the first things the children will notice. Everything from how they get to activities to where they go after school may change. It’s a good idea for parents to commit to keeping some aspects of daily routines consistent, particularly for younger children, as too much change at once can be overwhelming.

#2: Communication may be challenging

Communication after divorce should be directly between the parents. Some parents might be tempted to pass messages through their children, but that’s never a good idea because of the risk of messages being relayed incorrectly or the children being privy to reactions they shouldn’t have to deal with.

#3: Finances will require adjustments

There’s a good chance that finances will have to be adjusted after a martial split too. Setting a realistic budget is beneficial because it’s important to determine what’s affordable and what isn’t. If possible, parents should try to work their children’s extracurricular activities into the budget so they have a sense of consistency. When parents decide to divorce, getting their parenting plan set should be a priority. Since the plan must be customized based on the needs of one’s children uniquely, it’s often beneficial to work with a legal professional familiar with how to draft them effectively.