Gary, Till, Burlingham and LynchGary, Till, Burlingham and Lynch2026-06-03T07:33:54Zhttps://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[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.]]>On Behalf of Gary, Till, Burlingham, Lynch & Ricafort<![CDATA[Does a long-term marriage mean lifetime support?]]>https://www.gtblaw.com/?p=520912026-03-31T10:57:08Z2026-04-01T10:56:02ZWhat indefinite jurisdiction means in a California divorce
Long-term marriages face a unique legal landscape regarding spousal support. If your marriage lasted over 10 years, the court retains jurisdiction indefinitely. This means they keep the power to change, extend or reinstate alimony at any time in the future.
Despite the courts holding indefinite jurisdiction, you should not mistake this for infinite payments. This kind of jurisdiction simply denotes that the court will not set an automatic end date for support on day one. Under California law, the door stays open so either of you can request modifications.
When spousal support ends
Alimony usually ends if the recipient remarries or if either party passes away. Beyond that, the paying spouse can petition the court to modify spousal support whenever there is a material change in circumstances, such as:
Involuntary reduction of income
Retirement
Cohabitation with a romantic partner
Health issues
Failure to become self-supporting
While modification is possible, your divorce agreement might have stated that spousal support is non-modifiable. This means that the court loses the power to change the order, regardless of how much your life changes later.
How to move forward with your divorce
The California laws on spousal support can be difficult to navigate alone due to their technicalities. It would be best to seek legal advice from an experienced family law attorney to gain clarification on your concerns.]]>On Behalf of Gary, Till, Burlingham, Lynch & Ricafort<![CDATA[How long do you have to respond to a California divorce?]]>https://www.gtblaw.com/?p=520882026-03-17T07:34:14Z2026-03-17T07:34:14ZWhen one spouse decides to file for divorce in California, they then have to serve the divorce petition to their spouse. The next step is for that individual to respond to the petition, whether they agree to the terms or disagree. Only after that response can the actual divorce case begin, as this will determine if they are contesting the terms and the divorce needs to go through litigation.
In California, you have 30 days to respond to a divorce petition, in most cases. If your spouse serves you the paperwork, you do have time to consider it, to look into your legal options and to determine if you want to agree to those terms or not. The 30-day period gives you enough time to read and consider the paperwork, but you cannot delay the divorce process forever.
What if you do not respond?
If you do not respond, then your spouse still has an option to move forward with a divorce. They can just ask the court to make a default divorce ruling.People sometimes mistakenly believe that they can delay a divorce indefinitely if they simply ignore the paperwork. But this is not the case, as your spouse would still be able to end the marriage without your involvement.Typically, it is in your best interests to respond because that means that you will get to weigh in on important decisions like how assets are divided or how you and your spouse split up physical or legal custody of your children. If your spouse gets a default divorce, you would have less say in these matters.
Moving through the divorce process
This outlines how a divorce typically begins, but there are many other steps to be taken as it moves forward. It can help to work with an experienced attorney during this process.]]>On Behalf of Gary, Till, Burlingham, Lynch & Ricafort<![CDATA[When is a spousal support modification possible?]]>https://www.gtblaw.com/?p=520872026-03-04T16:55:41Z2026-03-04T16:55:41ZSpousal support, also known as alimony or spousal maintenance, can be an important part of a divorce. Spousal support payments can allow dependent spouses to live separately during and after a divorce.
Especially if one spouse gave up their career to raise the couple's children, they may need assistance as they start working to rebuild their careers and their financial independence. Longer marriages may lead to longer spousal support orders, and marital living standards can influence support amounts. Both spouses may question whether the existing order is still appropriate given their circumstances. When is it an option to modify a support order after the courts have issued it?
A major change in circumstances is necessary
To convince the courts to hear a support modification case, a spouse paying or receiving support must have documentation showing a substantial change in circumstances. If the recipient spouse secured a job with an excellent salary, that could be enough of a change to warrant a reduction of the amount of support ordered or an early termination of the existing order. The remarriage or cohabitation of the recipient spouse could also meet the statutory requirements for a support modification request. The paying spouse might also be able to request a modification in cases where their ability to pay has diminished due to job loss or medical issues. Reviewing the language of a spousal support order and any recent changes in personal circumstances can help people determine whether they may be eligible for a support modification. The assistance of an attorney can help people gauge when modifications are possible and may make it easier to present a compelling case in family court.]]>On Behalf of Gary, Till, Burlingham, Lynch & Ricafort<![CDATA[Is refinancing necessary to share equity during divorce?]]>https://www.gtblaw.com/?p=520862026-02-19T16:20:34Z2026-02-19T16:20:34ZRefinancing is typically necessary
Much of the time, both spouses are co-borrowers on the mortgage. Refinancing is therefore necessary to remove one spouse from the mortgage note and also the title for the property. In some cases, spouses choose to withdraw equity as a means of directly compensating for home value.
However, there are scenarios in which refinancing can be challenging or problematic. High interest rates, credit issues and even the inability to afford a higher monthly payment after withdrawing equity may influence how spouses handle a mortgage when they divorce.
Spouses sometimes reach agreements that may delay refinancing until circumstances are more favorable. Even when refinancing, withdrawing equity is not always necessary. The spouse staying in the marital home may sometimes be able to use other marital property or responsibility for marital debts to compensate their spouse for their share of home equity.
Joint home ownership creates numerous unique issues for spouses to address as they begin negotiating property division terms for a divorce. Having support while evaluating different options can be beneficial for those who want to better ensure that they receive compensation for their share of home equity.]]>On Behalf of Gary, Till, Burlingham, Lynch & Ricafort<![CDATA[5 facts to know when seeking child custody and visitation]]>https://www.gtblaw.com/?p=520852026-02-05T18:27:07Z2026-02-05T18:27:07ZChild custody and visitation decisions can shape a child’s daily life and long-term well-being. Parents often enter this process with strong emotions and many questions about what the court will consider.
Understanding how custody and visitation work allows you to prepare thoughtfully and support your child through the transition.
1. The best interests of the child guide every decision
Courts focus on what arrangement best supports the child’s safety, stability and emotional needs. This includes factors such as the child’s routine school environment and relationship with each parent.No single factor decides custody since judges look at the full picture to determine what outcome benefits the child rather than what feels fair to either parent.
2. Legal custody and physical custody are different
Legal custody involves decision-making about education, health care and major life choices, while physical custody refers to where the child lives day to day. Many families share both types of custody, and even when one parent has primary physical custody, the other parent may still share legal custody and have a voice in important decisions.
3. Joint custody is common but not automatic
Courts often favor shared arrangements when both parents can cooperate and communicate. Joint custody requires a willingness to work together and put conflict aside, and if cooperation is not possible or if safety concerns exist, the court may limit one parent’s role.
4. Visitation supports the child’s relationship with both parents
Visitation schedules are designed to maintain consistent contact with the non custodial parent. These schedules may include weekend holidays and school breaks, though in some situations, visitation may be supervised to protect the child.
5. Custody orders can change over time
Custody and visitation arrangements are not always permanent, and significant changes such as relocation, health concerns or changes in the child’s needs may justify a modification.Seeking child custody and visitation can feel complex, but preparation makes a difference. Understanding these facts helps parents approach the process with clarity and purpose, and when questions arise, seeking legal guidance can help you navigate requirements and make decisions that support your child’s future.]]>