Song Family Law, APLC Song Family Law, APLC 2026-04-06T12:39:16Z https://www.songfamilylaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1204684/2021/04/cropped-Song-Site-Icon-min-32x32.jpg On Behalf of Song Family Law, APLC <![CDATA[What should same-sex couples know about divorce in California?]]> https://www.songfamilylaw.com/?p=47421 2022-12-21T21:54:56Z 2022-12-21T21:54:56Z Marriage vs. domestic partnerships Same-sex marriage did not become legal until 2013. However, same-sex couples gained the right to domestic partnerships in the state in 1999. One of the primary considerations for same-sex couples & divorce involves determining the legality of your marriage. Other states also offered domestic partnerships. If you legally registered your domestic partnership with the state of California, your divorce process will undergo many of the same steps as a same-sex marriage would. However, out-of-state domestic partnerships and partnerships you failed to register with the state require different legal separations of property and assets.

Legal parenthood

During a divorce, same-sex couples with children will need to figure out visitation and child support arrangements. However, the courts in California do not automatically consider both parents to be "legal" parents. This may affect both custody and child support. Courts use these guidelines to determine whether you fit the definition of a legal parent:
  • Both parents adopted the child.
  • You adopted the children because you were the nonbiological parent.
  • You signed a Declaration of Parentage form with the California Department of Child Support Services.
  • The birth certificate includes both parents' names.
Courts may take other situations into account when making decisions about custody and child support. If you remained a constant part of the child's life, the state of California may recognize your legal rights as a parent.

Differences and similarities

While same-sex couples face challenges in the divorce process, many of the guidelines for dividing assets and debt remain the same as they would for other couples. No matter who you choose for your partner, a divorce involves a complex legal process.]]> On Behalf of Song Family Law, APLC <![CDATA[Is a collaborative divorce the right choice?]]> https://www.songfamilylaw.com/?p=47419 2022-12-05T02:39:32Z 2022-12-05T02:39:32Z What is a collaborative divorce? Essentially, a collaborative divorce is a meeting between spouses and a team of experts. This professional team may include attorneys, a financial planner, child psychologists, and whatever professionals may be needed. The team works together to produce a divorce agreement that is agreeable to both spouses. Both spouses must sign the agreement and it is then submitted to the court for approval.

What are the pros of a collaborative divorce?

  • Less costly
  • Takes less time
  • Less stressful
  • No quarrelsome court battles
  • Children shielded from divorce proceedings
  • More privacy
  • More control over the process

What are the cons of a collaborative divorce?

  • If you can’t reach an agreement you have to start over
  • Starting over means getting new attorneys
  • The court may not approve the agreement
Perhaps a collaborative divorce is the right choice for you and your spouse. If you feel that you would be able to come up with an amicable agreement that satisfies both of you, it is certainly a less expensive and less stressful solution than the traditional divorce route. Instead of letting a judge make decisions for you, you and your spouse can end your marriage in a less contentious manner. Hopefully, in the end, you will learn something about yourself and your marriage that will help you in any future relationships.]]> On Behalf of Song Family Law, APLC <![CDATA[Tough issues to consider when divorcing with kids]]> https://www.songfamilylaw.com/?p=47416 2022-11-16T04:27:18Z 2022-11-16T04:27:18Z How traumatizing is divorce on children Many kids will face a myriad of emotions when their parents decide to divorce. That doesn't mean they will be traumatized by them. Children whose parents are aware of these emotions and help them cope are less likely to be affected in the long run. Talking openly about divorce and allowing your children to express their own feelings can help them learn to cope. Other ways to help your children adjust include:
  • Never bad-mouthing the other parent
  • Never putting the child in the middle of disputes
  • Always listen and be patient with the child

Will the children prefer one parent over the other?

It is possible the children may pick sides when parents end their marriage. This can happen if one parent forces the child to "side" with them. This behavior can lead to long-term issues for the child including depression, anxiety or substance abuse issues. If the other parent is doing this, you can only control your own actions. It is important to take the "high road" and simply be there for your child in this situation.

Who will get custody of the children?

Courts prefer for the children to have time with both parents and in some cases will award joint physical custody. There are some issues that may make a judge choose one parent for primary custody over the other, however, or even grant sole physical custody. These include:
  • Physical or emotional abuse
  • Child neglect
  • Domestic violence
Parents who can cooperate, do not badmouth each other and seek counseling when needed give their children the best chance at coping with the divorce.]]> On Behalf of Song Family Law, APLC <![CDATA[What is a domestic partnership, and what are its benefits?]]> https://www.songfamilylaw.com/?p=47414 2022-11-03T01:50:23Z 2022-11-03T01:50:23Z Understanding domestic partnerships Domestic partnerships, also known as civil unions, were legally recognized in the 1980s as a way for same-sex couples to officially celebrate their relationships. Although same-sex marriage has been legal nationwide since 2015, some people prefer to be in a romantic relationship while living together without actually getting married. With a domestic partnership, each party can keep their taxes separate. Some might decide not to marry because they were previously married and had a negative experience. Whatever the reasons for not taking that step, same-sex couples can enjoy many of the same aspects of marriage when they engage in a domestic partnership. While domestic partnerships are often considered equal to marriage, this is not the case everywhere. On the federal level, these types of relationships are not recognized in the same way as in California and other states where they are legal.

Benefits of a domestic partnership

When a couple enters into a domestic partnership, there are certain benefits they can enjoy. Just like married couples, those involved in domestic partnerships can get health insurance benefits from their partner. Sick and bereavement leave, death benefits and inheritance rights, life insurance and the ability to make financial or medical decisions for partners are other benefits available. Domestic partnerships also give same-sex couples the right to secure housing and parental leave and adoption benefits. Also, if one partner is in the hospital or gets arrested, the other gets the benefit of visitation. Sometimes, there may also be benefits available through a partner's employer.]]> On Behalf of Song Family Law, APLC <![CDATA[When your ex’s wife wants to adopt your children]]> https://www.songfamilylaw.com/?p=47373 2023-06-27T08:20:34Z 2022-10-19T02:24:17Z Can a stepparent adopt someone else's child? Yes it is possible for a stepparent to adopt a stepchild. Such a move is relatively rare, however, particularly when both parents are involved in the lives of their children.

What to consider if asked to let someone adopt your child?

Asking to adopt someone's child who already has two involved parents in his or her life should raise some questions, and possible red flags, about the one asking. Consider the following:
  • Do you know and like this woman?
  • Does she treat your child(ren) well?
  • How long has she been in their lives?
  • What is her reason for wanting to adopt them?
The new wife's motives may be altruistic but this is not always the case. For example, if your ex is bitter about your divorce he may be encouraging her to adopt your children as a way of getting back at you. Be aware that family law in California protects your parental rights.

Do you have to agree to an adoption?

No, you do not. Unless your parental rights are terminated by a family court judge, you have an absolute right to remain your child's parent. Judges don't terminate parental rights unless the parent has been found to be unfit.]]> On Behalf of Song Family Law, APLC <![CDATA[How to resolve conflicts over who watches the children]]> https://www.songfamilylaw.com/?p=47370 2025-04-30T14:38:51Z 2022-10-03T19:38:39Z The children’s safety comes first As with all issues related to child custody, the children’s safety is always a top priority. Staying with a parent’s new partner is not necessarily a threat to the children’s safety, even if the other parent has concerns about it, particularly if that parent has not yet met the new partner. Though a parent might not agree with the other parent’s choice of caretaker when that person is a new partner, if the children’s safety is not at risk, a court would not find a legal issue. Additionally, as long as the children’s safety is ensured, each parent has the right to choose who acts as caretaker when they are responsible for the children.

Steps parents can take to resolve this conflict

If a conflict arises over concerns about a new partner acting as caretaker for the children, the parents should act to resolve it. Some of the steps parents can take to do this include: • Figuring out where the concerns are coming from • Expressing these concerns in a respectful manner to the other parent • Meeting the new partner • Negotiating a solution that works for the family Reluctance to let the other parent’s new partner act as caretaker might not be about the children at all. However, it is beneficial for the whole family for parents to get past this to successfully continue raising their children.]]> On Behalf of Song Family Law, APLC <![CDATA[Moving out of state as a custodial parent]]> https://www.songfamilylaw.com/?p=47366 2022-09-20T21:23:29Z 2022-09-20T21:23:29Z Protecting the child’s interests When a parent petitions for permission to move out of state, the court will first consider how to protect the best interests of the child. In general, courts favor shared custody where both parents are actively involved in the raising of the child. An out-of-state move would make this impossible, so the courts will consider factors such as the reason for the parent’s move, the impact on the child’s well-being and the relationship between the child and each of their parents before making a decision.

The right reasons for a move

Before a court decides to grant permission for an out-of-state move with a child, the parent must present their reason for the necessity of the move. Reasons that are considered in good faith will be accepted by the court. These include:
  • The continuation of a parent’s education
  • Better job prospects
  • Better cost of living
  • Proximity to extended family that can help the parent with childcare
There are also some reasons that are considered to be in bad faith and which will result in denial of permission to move. These include attempting to keep the child away from the other parent or punishing the other parent to get revenge for the divorce. If permission is granted, the custody and visitation order must be modified to include a plan for the non-custodial parent’s visitation schedule with the child, which might include longer stays with that parent over summer vacation and other holidays. There must also be a discussion of who will be responsible for the costs incurred due to the distance.]]> On Behalf of Song Family Law, APLC <![CDATA[Should you sign a prenup?]]> https://www.songfamilylaw.com/?p=47361 2022-09-08T03:07:13Z 2022-09-08T03:07:13Z An honest discussion about finances Financial differences can often become a factor in a divorce, but when couples decide to draft a prenup, they must address them. This process, which will often include disagreements, negotiations and finally understanding can help couples find their middle ground when it comes to their finances.

Reasons why couples should sign a prenup

The reasons for signing a prenup range from protecting individual interests to saving money in case the marriage does not work out. Some of the reasons why couples should sign a prenup include:
  • Establishing separate and marital property
  • Protecting financial interests of children from a previous marriage
  • Defining business interests and limiting a spouse’s access to the business
  • Separating individual debt from marital debt
  • Establishing the financial responsibilities of each spouse in the marriage
  • Creating a financial safety net for spouses who will become the stay-at-home parent

Things to know about prenups

For prenups to be recognized, both spouses must have freely signed them, with all information disclosed ahead of time. These agreements cannot address questions of child custody and support as courts understand that there are strong standards in each state for how these questions will be dealt with. Pets, however, can be addressed in prenups, even in California where they are increasingly legally treated as a couple’s children for custody matters. Prenups are not necessarily just about existing money. While there are usually provisions to protect a wealthier spouse’s interests if the marriage fails, prenups have often protected the other spouse’s interests as the roles have been reversed during the marriage.]]> On Behalf of Song Family Law, APLC <![CDATA[The many kinds of help certified divorce financial analysts provide]]> https://www.songfamilylaw.com/?p=47359 2022-08-24T01:08:23Z 2022-08-23T01:07:29Z What is a CDFA? A CDFA has the experience, skills and certifications to perform sometimes complex financial analyses involving a divorcing couple's finances. It's important to note that, in addition to experience, someone has to pass an exam from the Institute for Divorce Financial Analysts to receive their official certification.

What does a CDFA help with in a divorce?

If you were with someone for a long time, the two of you typically accumulate assets. These assets can include shared money, homes, vehicles, retirement accounts, stocks and cryptocurrency. With so many types of assets and factors determining a couple's worth, it's helpful to have a professional on hand. In a typical divorce, a CDFA can help fairly value the debts and assets of each party in a divorce. It's also possible for a CDFA to determine the value of marital homes and retirement accounts. If a divorcing couple has children together, a CDFA can help provide fair child support payment amounts. As you can see, CDFAs can play extremely important roles during the divorce process. A CDFA isn't only able to help with current assets, but they also help divorcing couples plan for their separate futures. A CDFA can help each party set up a budget for their life post-divorce.]]> On Behalf of Song Family Law, APLC <![CDATA[How to achieve financial stability after a divorce]]> https://www.songfamilylaw.com/?p=47346 2022-08-09T23:51:19Z 2022-08-09T23:51:19Z Make a list of wants and needs You may want to continue your tradition of taking a yearly vacation to Hawaii with your kids. However, it may be necessary to consider taking a trip to a nearby lake or to other locations that are more affordable to reach. It may also be necessary to move into a smaller home or rent an apartment to save money. Finally, you may want to consider cooking your own meals or buying clothes from discount retailers to ensure that you have enough cash to make ends meet.

Establish credit in your own name

A credit card in your own name ensures that you'll have an emergency fund available if necessary. Establishing a positive track record of paying debts of any kind in a timely manner can make it easier to get a mortgage, car loan or personal loan in the future. If you already have a credit history that precedes your divorce, you should focus on regaining or retaining a high score and level of creditworthiness. Ending a marriage may have short and long-term consequences for your credit score, bank account or retirement fund. However, a divorce settlement may include alimony or other financial resources that may help you weather the dissolution of your relationship.]]>