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So far Law Offices of Hollie A. Lemkin, APC has created 22 blog entries.

What Options Should I Consider When Filing for Divorce?

Divorce is a big decision and not something that should be taken lightly. Many people jump into divorce all too quickly and regret it later. If you are able to get help and work out your issue, you should do so. Divorce should only be considered if you are unable to resolve your issues or in certain situations.  If you think you may want to file for divorce, you may need the help of a family law attorney Orange County, CA. An attorney will help you get the results you want and prevent you from going to court alone or dealing with the divorce on your own. Here are a few options to consider when filing for divorce: Custody Options

By |2020-07-30T05:12:32+00:00July 16th, 2020|

What Parts of My Order Are Modifiable After a Divorce?

When you file for divorce and go to court, the court system makes a decision about the divorce and finalizes the order. The order will cover different aspects of the divorce such as alimony, child support, division of bills, and division of assets. You will be expected to follow this order and failing to do so could cause you to be in contempt of court. If there comes a time when you are unable to follow the divorce decree or order or feel that it needs to be changed, you can file to have it modified. While not all parts of the order can or will be modified, there are some parts that can be and it’s best to consult

By |2020-08-08T09:24:19+00:00July 6th, 2020|

Tips for Effective and Compassionate Co-Parenting During a Crisis

The COVID-19 pandemic has upended life for millions of Americans, forcing many to remain indoors under quarantine while others deal with furloughs and loss of employment as businesses close across the country. Kids are out of school in almost every state. While many of them are enjoying the extra time at home with their parents, the current lockdown orders have been especially difficult for children of divorced parents who share custody. Co-parenting is often a delicate situation. However, the lockdown orders across the United States have raised many questions concerning child custody arrangements and how parents should approach co-parenting during this crisis. Court-Ordered Travel and Co-Parenting For many parents, co-parenting means managing travel for their kids between two houses. As

By |2020-08-31T16:32:05+00:00May 15th, 2020|

Ways to Handle Divorce in a Family Business

Divorces are already challenging enough, and hard decisions need to be made about child custody, child support, and the division of property. However, if you own a business with your spouse, the division of a family business can bring an unexpected complexity to an already stressful event. Learn the different ways a family business may be divided or handled within a divorce. Continue to Co-Own Business While you are going through a divorce, you may not want to leave the family business for emotional or financial reasons. If you think that it is at all possible for you and your soon-to-be ex-spouse to work together cooperatively and continue to co-own the family business, this may be the best option for

By |2020-08-31T16:32:42+00:00March 27th, 2020|

How to Prepare for Divorce Mediation

If you are considering divorce, one of the options that you have available to you is mediation. If you believe that you can have a more amicable divorce, and one in which both spouses will take the opportunity to find mutual agreements for difficult and challenging topics such as child custody, child visitation, or division of property, you should consider divorce mediation. If you are considering divorce mediation, understanding the process and how to prepare can help ensure that you feel comfortable with the process and that your legal rights are protected. Who Participates in Divorce Mediation Divorce mediation in the State of California will include you, your spouse, a neutral party called a mediator and each spouse’s attorney,

By |2020-08-31T15:39:22+00:00February 28th, 2020|

How is Child Custody Decided After Divorce?

Child custody matters are typically decided during the divorce process. A court will make determinations regarding custody arrangements and child support matters that will take effect with the divorce decree. Courts will use the legal construct known as the “best interest of the child” on which to base their decisions, and their decisions will be final. However, there are some circumstances under which child custody matters may be modified following a divorce. Types of Child Custody This brief overview defines the different types of parental rights and custody options that a court will decide both during the divorce process and for any child custody modifications following a divorce. Physical Custody: A parent has the right to have the child

By |2020-08-31T15:37:31+00:00February 25th, 2020|

What to Do If You’ve Been Emotionally Abused During Your Divorce

If you are in the process of a divorce, your spouse may be emotionally volatile, especially if they think you are to blame for the divorce or want to remain together. In many cases, one spouse will make the divorce process challenging for the other by refusing to cooperate or compromise on such issues as child custody, child support or the division of property. However, in other more severe cases, your spouse may cause you severe emotional abuse during the divorce that causes you emotional distress and mental anguish. No one has the right to emotionally abuse any other person in any circumstance. If you have been emotionally abused during your divorce, you have legal rights including filing a

By |2020-08-31T16:38:08+00:00January 31st, 2020|

How Property and Debts are Divided During Divorce

If you are going through a divorce, you may be wondering how the marital property, assets, and debt will be divided between you and your spouse. Any property, asset, or debt acquired during the marriage is likely to be considered marital assets and debts by the State of California. Learn how property, assets, and debts can be divided during your divorce to ensure your financial and legal rights are protected. Assessing Value Unless the property or assets in question were covered by a pre-nuptial agreement or were an absolute gift directly and only to you during the marriage, they will likely be deemed marital property. If spouses cannot agree on the value of the property or assets, an independent

By |2020-08-31T15:38:40+00:00January 22nd, 2020|

Making The Right Decision At The Right Time

The holidays have past and you’ve decided this is the time to file for dissolution of marriage from your spouse. There are several important tips and ideas that you should consider and incorporate in your march towards dissolving your marriage to make the process more cost effective and efficient. The Divorce Process First, work on a plan for custody and visitation regarding your children, assuming that there are minor children of this marriage. A well considered and thought out parenting plan for your children will hopefully minimize the stress and grief that your children may suffer as a result of the decision that you have made to dissolve your marriage. Take into account the level of access and interaction

By |2020-08-08T15:23:11+00:00November 20th, 2019|

Best Interests of Children Is Worldwide Standard to Resolve Custody Disputes

Nationality and Parent’s Tears Notwithstanding, Courts Relentless to Protect Minors Not so long ago, the world seemed a very large place, and we all appeared very different from one another. With respect to the standards and practices of Family Law, however, the world is fast becoming a very small, homogenized setting. As recently as August 2015, actress Kelly Rutherford and her German-born ex-husband Daniel Giersch’s custody dispute about their two minor children landed in a U.S. court. That court ruled that the children must return to Monaco for the school year after a summer spent with their mother in the United States. Turning to the court of public opinion via the media, Rutherford cried that because the children are

By |2020-08-08T14:47:23+00:00October 29th, 2019|