Hartley, Maxwell, & Castellano Attorneys at Law
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divorce Archives

California has new confidentiality laws for mediation

Governor Jerry Brown recently signed SB 954. While it does not take effect until January 1, 2019, this law requires lawyers to inform clients about confidentiality guidelines regarding mediation. Lawyers will now need to provide and get a written confirmation that they have briefed the client and the client understands the consequences. This protects attorneys from legal malpractice accusations by a client who is unhappy with the outcome.

New bill allows California courts to decide pet custody

The issue of pet ownership or custody has become more common in recent years. Now Governor Jerry Brown has signed Assembly Bill 2274, which allows the courts to assign joint or sole ownership of the pet. Much as a judge would consider the welfare of the child, the courts will consider the care of animal as well. The pet can even be placed with one party temporarily until all of the details of the divorce are determined.

Negotiating in good faith

Trust is an important element in successfully resolving legal issues collaboratively. According to a former state Supreme Court judge who now handles mediation, it is often mutually beneficial to engage in good faith negotiations during mediation, but one must still guard against the other side trying to gain an unfair advantage.

Kids sports and the divorced parent

Coparenting involves many challenges, particularly when the parents are divorced. One source of potential conflict is the role that sports play in the children’s lives and the potential choices of which sports kids want to play. As a rule, sports are great for children’s development but the viewpoint of the parents may differ widely. Some parents come from families place a high emphasis on participating in sports, while others may have emphasized other activities.

Are your divorce records public?

A divorce is one of the most difficult challenges that many will face, particularly those acrimonious disputes that end up in court. After such a draining experience, many simply want to put it behind them and move on to the next chapter in their lives. Unfortunately, the same details of your personal life that were hashed over in front of a judge are now a matter of public record, this includes financial matters like the value of your estate, details of your private life at home and other details.

Part 2: 5 more ways to ease kids’ transition in divorce

In a recent post, we discussed an article by noted California-based clinical psychologist Joan B. Kelly, Ph.D., which is an excellent overview of how separated parents can help make the transition go more smoothly for their children. The previous post listed five tips for helping children cope. We now present five more tips.

Changing passwords is important during divorce

It’s long been a recommended practice to change the locks on the doors of the family house during divorce. This is particularly applicable when the split was not an amicable one. Now in the modern era where digital privacy is an issue, it’s recommended that families that may have previously shared email passwords, passwords for bank accounts, passwords for phone bills or other online accounts need to change those passwords.

Five ways to ease kids' transition in divorce

The process of going through divorce is one of the most challenging experiences that many couples face. Yet while spouses need to pick up the pieces of their lives, figure out their new financial reality and still be a good parent, the impact divorce has upon children is also life-changing.

Pets are an important factor in divorce settlements

There are several important assets to deal with after a divorce: The house, the car, furniture and other pieces of property. Usually, a couple will divide this property by work privately with an attorney or going to trial to receive a divorce decree. Recently, one other important asset has been popping up in property division cases—the family pet.

Arguments in favor of-- and against—divorce

When you and your partner are going through a rough time, you may be wondering whether you should continue working through it, or pursue a divorce. Sometimes, it is best for couples to work out their marital problems and stay together. In other cases, a divorce may be the better solution.

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