Gary, Till, Burlingham and LynchGary, Till, Burlingham and Lynch2026-07-16T08:49:47Zhttps://www.gtblaw.com/feed/atom/WordPress/wp-content/uploads/sites/1201677/2021/08/cropped-Gary-site-icon-32x32.pngOn Behalf of Gary, Till, Burlingham, Lynch & Ricafort<![CDATA[3 things parents should consider before divorcing]]>https://www.gtblaw.com/?p=521242026-07-16T08:49:47Z2026-07-16T08:49:47Zlife 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.]]>On Behalf of Gary, Till, Burlingham, Lynch & Ricafort<![CDATA[Moving out of state post-divorce with your child: Things to know]]>https://www.gtblaw.com/?p=521232026-07-16T07:53:31Z2026-07-16T07:53:31ZFactors influencing the court’s decision
California family courts weigh a range of factors often referred to as the LaMusga factors, when deciding a move-away request. Key factors affecting the court’s decision could include:
Custody type: If you have sole custody of the child, you generally have the right to relocate unless the other parent can prove that it could harm the child. If you have joint custody, you will have to prove that the relocation is in the child’s best interest.
Reason for the move: Having a good reason such as new employment, educational opportunities or being closer to supportive family members can also influence the court's decision.
Visitation feasibility: The court would closely examine whether the move would disrupt the non-moving parent’s relationship with the child and whether an alternative visitation schedule can be established.
Child’s needs: The child’s age, community connections, school stability and emotional needs can also be critical factors in the court’s evaluation.
Under California law, custody orders typically require formal written notice to the non-relocating parent at least 45 days before relocation. Moving without providing notice or before getting explicit court clearance can result in a violation of your custody order or even an immediate order to return the children to the state.
What to do before you relocate
Relocating after a divorce can be the beginning of a new chapter for many. However, failing to handle the legal framework properly could ruin your traveling plans and adversely affect your custody arrangements. To protect your parental rights and help you ensure a smooth transition, it is advised to seek legal guidance from an experienced attorney.]]>On Behalf of Gary, Till, Burlingham, Lynch & Ricafort<![CDATA[Divorce mediation can benefit child custody]]>https://www.gtblaw.com/?p=521222026-07-01T11:13:01Z2026-07-01T11:13:01ZMany people think of highly contentious cases when they hear about a divorce. The fact is that most divorces don’t go through a court battle to reach the legal end of the marriage. Instead, many divorces are handled via mediation.
For people who share children, being able to end their marriage in a calm manner can set a solid foundation for the child custody situation. The cooperation that’s present in mediation is one that may be able to extend past the finalization of the divorce.
The focus is on the children
Mediation gives both parents a say in the parenting plan and other matters related to the divorce. This can help to resolve many of the contentious decisions that were present before the marriage was legally ended. Once those issues are out of the way, both parents can focus on the best interests of the children.
Mediation can reduce conflict
Many of the difficult decisions that come with child custody cases can be handled without significant conflict when the parties go through mediation. During mediation, a neutral third party is present to keep the conversation on track so that both parties are working toward a suitable decision.
Flexible parenting plans are possible
When parents go through mediation, they make the decisions about what’s best for their children. This allows significantly more flexibility during the creation of the parenting plan. This is beneficial to the children because they aren’t left with terms that don’t work for their family. Anyone who’s in the midst of a child custody battle should ensure they have someone on their side to assist with creating the parenting plan. Ideally, they can get this done as quickly as possible after the separation.
]]>On Behalf of Gary, Till, Burlingham, Lynch & Ricafort<![CDATA[Does your boss need to know about your divorce?]]>https://www.gtblaw.com/?p=521142026-06-12T18:16:50Z2026-06-12T18:16:50ZIf you and your spouse may soon be going your separate ways, you may be wondering about how much personal information you need to share at work. Divorce can affect schedules, finances, emotions and family responsibilities, making it difficult to keep every aspect of the process separate from professional life. Still, you may have zero desire to tell your boss what is going on, and that’s okay.
In most situations, there is no legal requirement to inform an employer simply because you are getting divorced. Divorce is a personal legal matter, and many people choose to keep the details private. Unless your employment contract, security clearance or specific workplace policies require disclosure of certain personal changes, the decision is likely a personal one.With that said, there are circumstances where notifying an employer may be beneficial. Divorce proceedings can involve court appearances, mediation sessions, meetings with attorneys and parenting obligations that may affect work schedules. If you anticipate needing time off or flexibility, providing limited information to a supervisor may help avoid misunderstandings.Financial changes associated with divorce may also require communication with human resources. For example, employees often need to update health insurance coverage, beneficiary designations, emergency contacts, retirement account information and tax withholding elections after a divorce is finalized. These administrative changes generally do not require sharing sensitive personal details, but they may require notifying the appropriate department.On the flip side, some business owners, executives, employees with security clearances or individuals in highly regulated industries may be weathering divorce-related circumstances where major financial changes become relevant to employment obligations. In those situations, consulting both legal counsel and applicable workplace policies may be wise.
The bottom line: It is up to you, but it can be to your benefit
Ultimately, whether to tell your boss about your divorce depends on your circumstances, workplace culture and anticipated impact on your job. A thoughtful, limited disclosure may be helpful when work schedules or benefits are affected, but most people are not required to provide extensive details.]]>On Behalf of Gary, Till, Burlingham, Lynch & Ricafort<![CDATA[Can you ask the court to cancel your divorce in California?]]>https://www.gtblaw.com/?p=521132026-06-05T15:54:36Z2026-06-05T15:54:36ZLegal grounds for a voluntary dismissal
California law provides a mechanism to voluntarily dismiss a pending civil action, including a divorce, before the case goes to trial. You can file the dismissal with or without prejudice, and each option has its own pros and cons.
A dismissal "without prejudice" closes the current case but preserves your right to file a new petition later. On the other hand, the court views a dismissal "with prejudice" as a final resolution and could limit your ability to refile on the same grounds.
For most people looking to call off a divorce, filing without prejudice is the more common choice. California uses a no-fault divorce system, which means you can allege irreconcilable differences in any future petition regardless of prior case history.
Critical timing for a divorce cancellation
The stage of your case determines how simple or complex the dismissal process will be. If you filed the petition for dissolution and your spouse has not yet submitted a formal response, you retain the right to dismiss the case on your own without their agreement.
That dynamic shifts once your spouse files a response. At that point, both parties must consent to the dismissal and your spouse will need to sign a document form before a judge will accept it.
California imposes a mandatory six-month waiting period on all divorce cases, measured from the date of service on the petition. If you dismiss your case and later decide to refile, that clock resets entirely. Any time already spent waiting in the original case does not carry over.
It is also important to note that dismissing your case terminates any temporary court orders issued during the proceedings. Orders for spousal support, child custody, or automatic temporary restraining orders end immediately once the court processes the request.
Essential steps for a court filing
The process requires two forms from the California Judicial Council: a Request for Dismissal (Form CIV-110) and a Notice of Entry of Dismissal (Form CIV-120). On the CIV-110, you would select "without prejudice" and indicate that you are requesting dismissal of the entire action for all parties and causes of action.
If your spouse has filed a response to the original petition, they must also sign the CIV-110 before you submit it to the court. You would then file the form with the court clerk, either by e-filing if required by your local court, or by bringing the original and two copies to the courthouse.
After the court processes the request, someone other than you must serve your spouse with a copy of both the CIV-110 and CIV-120 . That person then completes the proof of service section on the CIV-120, which is filed with the court as the final step.]]>On Behalf of Gary, Till, Burlingham, Lynch & Ricafort<![CDATA[Post-divorce budgeting must happen swiftly]]>https://www.gtblaw.com/?p=521102026-06-03T07:33:54Z2026-06-03T07:33:54ZDivorce is a major life change that can lead to significant challenges, some of which have to do with your finances. This is especially true for people who were used to having two incomes to maintain household expenses. In that case, the biggest change is going to be having to rely solely on one income to pay everything.
If you’re going through a divorce, one of the first things you should do is to sit down and create a budget. You should be realistic about your income because this budget can have a major impact on your financial stability moving forward.
Document immediate expenses
Once you have your income written down, document your immediate expenses. These will include things like housing, utilities, transportation, insurance, groceries and vehicle payments. As you go through this, you may discover that there are certain expenses you forgot about.
Factor in new expenses
New expenses often come with a divorce. You may have to refinance a vehicle or cover certain child-related expenses that you didn’t have to think about before. Purchasing furniture or other household items may be necessary. Additionally, you will have the divorce-related expenses to add to your budget.
Review budget during property division
During the property division process, your budget can help you to determine if you’re able to absorb the cost of certain assets or debts. This can give an idea about what options will work best for you as you go through this part of the divorce. A divorce comes with many decisions, so it may be best to work with someone who’s familiar with your situation. Being able to make logical choices, including those that are based on your budget, can help you to walk away from the marriage on the best foundation possible.
]]>On Behalf of Gary, Till, Burlingham, Lynch & Ricafort<![CDATA[Can a criminal history affect divorce outcomes?]]>https://www.gtblaw.com/?p=520952026-05-20T14:16:24Z2026-05-20T14:16:24ZDivorce can become more complicated when one spouse has a criminal record. Past arrests, convictions or ongoing criminal charges can affect property division, financial support or custody decisions. In many cases, the answer depends on how the criminal history impacts the marriage, finances or family life.
Some criminal records may have little effect on the outcome of a divorce. However, serious offenses involving violence, fraud, substance abuse or financial crimes can influence how the court views certain issues. This is why it is crucial to seek legal guidance early, especially when the divorce involves children, shared property or major financial concerns.
How a criminal record can shift the balance
A spouse’s criminal history does not automatically reduce their share of marital property. Most courts focus on fairness and financial factors instead of punishment. However, certain situations may affect the outcome.For example, if your spouse spent large amounts of marital money on criminal activity, fines, legal fees or hidden transactions, the court may consider that during property division. A history of domestic violence or substance-related offenses may also influence custody arrangements or parenting time schedules if the children’s safety becomes a concern. Additionally, criminal history can affect spousal support in some situations. If a conviction caused job loss, financial instability, or long-term damage to the household, the court may closely examine how those consequences affected the marriage. Every case is different, and judges review the details carefully instead of relying only on the existence of a criminal record.If your divorce involves a criminal history, it may help to understand how local courts generally handle these issues. A clear understanding of your rights and financial position can make difficult decisions feel more manageable while helping you prepare for the next stage of the process.]]>On Behalf of Gary, Till, Burlingham, Lynch & Ricafort<![CDATA[What if spouses don’t agree on their home’s value?]]>https://www.gtblaw.com/?p=520942026-05-02T12:08:59Z2026-05-02T12:08:59ZReal estate professionals can help
If the spouses have a real estate agent they trust, they may ask the agent to estimate a reasonable listing price by assessing the condition of the property and sale prices of other homes nearby in similar condition. Other times, spouses may hire an appraiser to assess the property and determine what it is likely worth. Even then, spouses may question the accuracy of an appraisal report.
In some cases, each spouse obtains their own appraisal report or estimate from a real estate agent. They can then split the difference between the two valuations. In scenarios where spouses truly cannot resolve a disagreement about the value of a marital home, they can each present information backing their estimated value to a judge as part of a litigated property division case.
Home valuation can have a major impact on a final property division settlement. Working with an attorney familiar with asset division and valuation disputes can be helpful for those concerned about reaching a fair arrangement for real estate concerns during a divorce.]]>On Behalf of Gary, Till, Burlingham, Lynch & Ricafort<![CDATA[What areas does legal custody often address?]]>https://www.gtblaw.com/?p=520932026-04-17T12:43:03Z2026-04-17T12:43:03ZWhen parents get divorced, they often divide physical custody. They will set up a schedule where they will both be in charge of the child at separate times, living with them and participating in raising the child.
At the same time, however, they will have to address legal custody rights, which are much different than the aforementioned physical custody rights. No matter where the child lives, parents have to make important decisions on their behalf. Your legal custody rights define whether or not you get to be involved in that decision-making process.
Common areas to consider
Legal custody generally addresses major decisions, and some common examples include:
Enrolling the child in school
Authorizing dental care or medical care
Choosing the child’s religious instruction or affiliation
In some cases, the court will give legal custody rights to just one parent. If you have sole custody rights in this area, you can make all of these decisions on your own.But in many cases, the court will split both physical and legal custody rights between both parents. This means that both you and your ex need to work together to make important decisions about education and more. If you do not agree, you need to work to find a compromise, because neither one of you has the right to make these decisions on your own.Naturally, this can make your situation fairly complex after divorce, especially if there are numerous conflicts over what decisions should be made. If you find yourself in this position, be sure you understand your legal custody rights and all of the options at your disposal.]]>On Behalf of Gary, Till, Burlingham, Lynch & Ricafort<![CDATA[Considerations when explaining your divorce to your children]]>https://www.gtblaw.com/?p=520922026-04-02T14:52:00Z2026-04-02T14:52:00ZThe decision to divorce is one that parents usually don’t make on a whim. If you and your spouse decide to end your marriage, you’ll have to tell your children. The way that this will occur depends on a variety of factors, including the children’s ages and maturity.
One of the most important things for you and your soon-to-be ex to remember is that telling them in a calm manner is best. It’s a good idea to do this together so they can see that both parents will remain part of a parenting team.
When should you tell them?
You should tell the children when there isn’t a rush, and they aren’t dealing with anything else that’s major. For example, telling a high school student about divorce the week of finals wouldn’t be a good idea because they would likely lose their focus on studying for the tests.
Where should you tell them?
Choose somewhere private to speak to them. This is a conversation that’s best had without having to worry about eavesdroppers. Privacy is also important because it gives everyone the space they need to deal with the emotions that are likely going to come with this major life change.
What should you say?
Stick to the basics when you’re talking to the children. You don’t have to go into the reason for the divorce, but be sure to let them know that the divorce isn’t their fault. When you’re talking to them, give them information about how the divorce will impact them. Avoid making any promises that you aren’t sure if you can keep. Having a parenting plan in place is one of the most important things you can do when you decide to divorce. Getting this in order as quickly as possible can help ensure both parents are on the same page about raising the children. It’s critical that the plan is set up based on the best interests of the children, so it may be beneficial to work with someone who can help to ensure this happens.]]>