1. Having Unrealistic Expectations

The California Family Code will provide much direction concerning your dissolution of marriage, including child support, custody, visitation, and property division. You will probably be awarded what is considered a fair and equitable division of the marital estate and you may be awarded or ordered to pay guideline child support. You should be advised that if you expect to take your spouse to the cleaners or gain sole custody of the children (unless there are strong circumstances and evidence to support this), that is not likely to happen. You should expect a reasonable and equitable resolution, and focus on that instead of “winning” your divorce. Continue reading

The California Child Custody Court Process

California’s court process regarding child custody litigation can be very expensive, as well as lengthy. More importantly, contested child custody proceedings are hardly ever in the child’s best interest. Since the California Superior Court prefers to have custody and visitation issues decided outside of the courtroom and in a non-adversary manner, the parent’s family law attorney should encourage their clients to try and settle child custody and child visitation issues outside of the court. With the assistance of an experienced Fresno family law lawyer, an agreement is often possible. If there is no settlement outside of court, the parties must then also pursue mediation before the issue(s) may proceed to a hearing. The mediation recommendation is given much weight in the decision making process of the court. Continue reading