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Tag: spousal support

The Value of Intangibles in Divorce Negotiation

Some of you are in the throes of nasty divorce or child custody litigation, and some of you are headed there.  Here’s something that may seem counterintuitive at first, but I’ll make sure and explain what I mean.  Here goes: Sometimes it’s better to settle for less.  You may be thinking, wow, did a lawyer …

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CAN THE COURT REALLY HELP? SAGE WISDOM FROM YOUR CARLSBAD DIVORCE LAWYER AND MEDIATOR

I see it all the time—someone goes into family court for a solution to their problem, and finds that everything is worse after the hearing than it was before. If you need proof, go and watch any Request for Order calendar at your local California Superior Court’s family division. This is not to disparage our …

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TWO STEPS TO GET ANY SPOUSE INTO DIVORCE MEDIATION (NO MATTER HOW RELUCTANT THEY ARE)

If you are a regular reader of this blog you already know the value of divorce mediation, as compared to plunking down a big retainer for a divorce lawyer, trying to DIY it or burying your head in the sand. “But,” you say, “you’ll never get him in to mediation.”  Or, “there’s no way I …

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THE MOST IMPORTANT INGREDIENT IN A LOW-COST AMICABLE DIVORCE: BUILDING TRUST.

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THRIVING DURING AND AFTER DIVORCE: PLANNING FOR SUPPORT CALCULATIONS

I’m Thomas Ferreira, your divorce and child custody mediator and lawyer in Carlsbad, serving North San Diego County and Riverside County with family legal services. Have you ever been laying awake at night wondering just how much support you’re going to have to pay?  Or maybe you’re cause of insomnia is how much support you …

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TV VERSUS REALITY AND HOW TO SUCCEED IN FAMILY COURT

When I’m representing clients in family court, I want them to succeed.  I’m looking for a “good day in court,” a result that solves the problems arising in a divorcing family, a result that leaves our client feeling that the court heard and considered their side of the issues. Often our clients don’t realize how …

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REFRAMING SPOUSAL SUPPORT NEGOTIATIONS: THE LAW AND THE GOOSE THAT LAID THE GOLDEN EGG

Whenever I do mediation, I’m presented with adverse parties, many of whom are angry and upset that they are not at fault for the divorce, and yet are facing the imposition of tremendous financial burdens. In mediation, I assist divorcing spouses to reframe the discussions away from what is “owed,” and toward what each party …

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IS ALIMONY REALLY FAIR IN A NO FAULT DIVORCE?

While researching cases for premarital agreement, I came across a case in 2000 where the California Supreme Court was asked to rule on whether couples to be married could waive spousal support (alimony) in a premarital (or prenuptial) agreement.  The case is Marriage of Pendleton which you can find by going to the state’s case …

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