O'Brien Family Law, PC Sacramento Divorce Lawyer | O'Brien Family Law, PC 2026-09-21T19:36:06Z https://www.obrienfamilylaw.net/feed/atom/ WordPress by O'Brien Family Law, PC <![CDATA[How frequent business travel affects child custody arrangements]]> https://www.obrienfamilylaw.net/?p=50576 2026-09-21T19:36:06Z 2026-09-21T19:36:06Z What courts consider when reviewing travel schedules California law requires judges to focus on the child's best interests in custody cases. When work travel affects custody, courts may consider:
  • Whether the parent's travel schedule is frequent or involves extended absences
  • Whether travel disrupts the child’s school schedule or daily activities
  • Whether the parent misses significant events or medical appointments
  • Whether the parent maintains  regular contact with the child while away
Judges may also look at calls and video chats during work trips. Regular contact can show that a parent remains involved in the child's life. Courts may also consider schedules that reduce changes to the child's routine.

Practical steps to protect parenting time

Parents with busy travel schedules can take these steps to document their involvement and protect parenting time:
  • Requesting a schedule that fits regular work travel
  • Arranging more parenting time during weeks spent at home
  • Including schedule-swap terms for unexpected work duties
  • Keeping records of travel dates, communication with the child and attendance at school meetings, medical visits and activities
These records can show a parent's continued involvement. Courts may review them when deciding whether a custody plan serves the child's best interests. Video calls and messages can also help a parent stay involved in daily life while away for work.

How to build a custody plan around a travel schedule

California courts have increasingly recognized that demanding careers and consistent parenting are not mutually exclusive. A parenting plan that accounts for travel patterns from the start is often more effective than returning to court after scheduling conflicts arise. Consulting a family law attorney can help identify an arrangement that reflects both a parent's professional commitments and the child's long-term need for stability.]]> On Behalf of O'Brien Family Law, PC <![CDATA[How deferred compensation affects California divorce settlements]]> https://www.obrienfamilylaw.net/?p=50573 2026-09-16T15:19:58Z 2026-09-16T15:17:37Z The date of separation can change the analysis A deferred payment does not automatically become marital property just because it arrives after the wedding. California courts usually ask when the spouse earned the benefit and what span of work the employer intended to reward. If the award relates to work completed during the marriage, the community may still have an interest in it even if the payout comes later. Basic California marital property rules still apply, but the separation date often becomes one of the most important facts in this type of dispute.

Some compensation plans raise valuation problems that ordinary pay does not

Not every form of executive pay is easy to value. Stock options, restricted equity and similar benefits may still be unvested, may depend on future performance or may change with the market. That makes the property question more complicated than simply reading a year-end pay statement. A court may need to examine grant dates, vesting schedules, plan restrictions and tax consequences before deciding what share of the benefit belongs in the marital estate and how to account for it fairly.

Settlement terms may matter as much as the valuation

A divorce settlement can handle deferred compensation in more than one way. One spouse may keep the future benefit while the other receives offsetting assets now. In other cases, the spouses may share the payments if and when they are made. Valuation issues in high-asset divorce cases often depend on how clearly the settlement addresses timing, risk and future tax treatment. A divorce lawyer can review the plan documents and proposed terms to help prevent a division that looks fair on paper but creates problems later.]]> On Behalf of O'Brien Family Law, PC <![CDATA[Can you keep your high-profile divorce private in California?]]> https://www.obrienfamilylaw.net/?p=50568 2026-08-26T13:03:27Z 2026-08-26T13:03:27Z What options do you have to keep the divorce details private? Under rare circumstances, a California court may keep the divorce details from public view upon request. However, a court grants such exceptions only for extremely important circumstances, such as protecting trade secrets, personal privacy or proprietary information. That being said, you usually have two main options for privacy: Attorneys' eyes only: In discovery, you can request a court order designating files "attorneys' eyes only" to prevent your spouse from personally reviewing sensitive documents; however, this does not automatically seal records from public view if they are later filed with the court. Sealing the documents: If you have a compelling justification to keep the document from public view, you can request that a judge seal the document. The court usually accepts the above options only if no other less restrictive option exists.

Settling outside of court

You can also get more privacy by choosing to settle your case outside of court. This is often achieved through hiring a mediator or a private judge. By using a private marital settlement agreement, you may leave your private financial details, like business values and stock shares, out of the public court record.

Why early planning matters for divorce privacy

Proactive planning is essential in California high-asset divorce cases because sensitive information is difficult to remove once it enters the public record. With the help of a divorce attorney, you can sift through the documents to detect the details that you want to keep private and try to figure out how you can go about it.]]> On Behalf of O'Brien Family Law, PC <![CDATA[Can a California court force an ex-spouse to earn more support?]]> https://www.obrienfamilylaw.net/?p=50566 2026-08-12T18:24:37Z 2026-08-12T18:24:37Z A court may impute income instead of using actual earnings In both child support and spousal support cases, California courts may consider more than just a paycheck if one party is voluntarily unemployed or underemployed. The issue is often whether the parent or former spouse whose income is in dispute could earn more based on work history, skills, education and available jobs. California uses statewide child support rules, and courts may also apply earning-capacity principles in some spousal support disputes. In a child support case, the court may also consider whether using a higher income figure serves the child’s best interests.

What facts can affect an earning-capacity dispute?

A judge usually needs more than suspicion that an ex-spouse is making less on purpose. The court may look for proof that the person has marketable skills, realistic job opportunities and a history of higher earnings. Relevant factors may include:
  • Prior pay records or tax returns
  • Education, licenses or specialized training
  • Local job openings and wage data
  • Expert opinion about earning potential
  • Evidence of voluntary job loss or reduced hours
These facts can matter on both sides. One person may use them to argue for higher support, while the other may use them to explain a real career change, illness or caregiving burden.

Support disputes turn on financial proof

An earning-capacity argument can affect both child support and spousal support, but the court may not apply the same reasoning in exactly the same way. Many child support disputes require a close review of financial disclosures, employment history and the reason income changed. A lawyer can help determine whether the court is likely to rely on actual income or use a higher figure based on earning capacity. In many cases, the issue is whether the drop in income reflects a genuine life change or a choice that shifts more of the support burden to the other party.]]> On Behalf of O'Brien Family Law, PC <![CDATA[Am I at risk of losing my child in a same-sex divorce?]]> https://www.obrienfamilylaw.net/?p=50564 2026-08-12T12:23:28Z 2026-08-12T12:23:11Z Why being on the birth certificate does not guarantee your parental rights In California, if you were married when your child was born, you are presumed to be a legal parent, just like a non-biological father in an opposite-sex marriage. However, this marital presumption has limitations. Not all states recognize California's parentage laws for same-sex couples. If you move out of state or travel internationally, you could face challenges proving your parental status. In a contentious divorce, the biological parent could challenge your legal standing, forcing you into expensive litigation with uncertain outcomes. Relying solely on marital presumption leaves your parental rights vulnerable.

How California courts decide if you have parental rights

When you divorce without completing a second-parent adoption, California courts will examine whether you qualify as a presumed parent. If you were married when the child was born, you should qualify. However, if the biological parent contests your parentage, you may need to prove you received the child into your home and openly held the child out as your own.

How second-parent adoption protects your parental rights

The most effective way to protect your parental rights is to complete a second-parent adoption. This creates an irrevocable parent-child relationship that cannot be challenged based on biology, marital status or changing laws. The adoption creates a court order recognized across all states and internationally, regardless of how those jurisdictions view same-sex marriage.

Protecting your relationship with your child

If you are facing a same-sex divorce without a second-parent adoption, act immediately. Without legal protection, you could lose custody of the child you raised simply because you are not the biological parent. Consulting with an attorney who understands California family law and LGBTQ+ parenting rights can help you understand your options and help you take action before it is too late.  ]]> On Behalf of O'Brien Family Law, PC <![CDATA[Why it helps to tell the children about divorce together]]> https://www.obrienfamilylaw.net/?p=50559 2026-07-26T16:04:17Z 2026-07-26T16:04:17Z If you are breaking the news about an upcoming divorce to your children, it is best to do it together. This means, to begin with, that you and your spouse should both be present. It also means that all of the children should be together, so the entire family has a single discussion about the divorce. For one thing, telling the children at once ensures that you provide them with the information and feedback they need. They are not going to hear rumors of the divorce from someone else. This can help reduce some of the stress and anxiety the children have, and it gives them a chance to ask you questions about what the future is going to look like.

Presenting a united front

Additionally, having this meeting gives you and your spouse a chance to work together to show the children that you are both still committed to them. In this sense, even though you are getting divorced, you are still a united front as parents. You are going to seek an outcome that gives the children stability, and you both still love them. It is simply your personal relationship that is changing. One thing to keep in mind while going through this discussion is that you should not blame your spouse for the divorce in front of the children. This does not mean they bear no responsibility. They may have done something that caused the divorce. But those types of discussions are best held between adults, whereas children should receive the message that both of their parents care for them and will be involved in their lives. You can tell them about the upcoming divorce without weighing them down with adult details. If you are contemplating this conversation, you are likely close to the point where you will officially file for divorce. Be sure you know exactly what legal steps to take.  ]]> On Behalf of O'Brien Family Law, PC <![CDATA[3 risks to consider before dating during a divorce]]> https://www.obrienfamilylaw.net/?p=50557 2026-07-10T13:17:40Z 2026-07-10T13:17:40Z Ending a marriage can be overwhelming. It is natural for anyone to think about moving forward by going out on a date. But can it cause problems with your divorce? Legally speaking, there isn’t any specific law that restricts you from dating during divorce proceedings. However, there is a chance that dating someone new could complicate your divorce case. 

1. Negative impact on spousal support 

Dating by itself may not affect spousal support. However, if you start living with a new partner or sharing financial responsibilities before the finalization of the divorce, it might lead the court to believe that your dependency on your spouse has reduced. This, in turn, can reduce your spousal support. 

2. A strategic risk for the case 

In California divorces, most couples are highly emotional. If you go out on a date and your spouse learns about it, they might take it personally. This might increase conflict and make settlement negotiations more difficult. By being cautious, you may avoid the risk of the divorce case extending beyond the estimated timeline.  

3. Child-custody risks 

The court prioritizes the welfare of your child and it takes into account the effects that dating someone new might have on them. Potential negative impacts could become fodder for contention while negotiating the terms of child custody.

A little caution goes the long way 

Even a small misstep might turn a simple divorce into a drawn-out case. That is why you should err on the side of caution before starting a new relationship. A legal guide experienced in divorce law may help you make an informed decision about this. ]]> On Behalf of O'Brien Family Law, PC <![CDATA[During divorce, what happens to your inheritance?]]> https://www.obrienfamilylaw.net/?p=50555 2026-07-04T20:45:43Z 2026-07-04T20:45:43Z When your parents passed away, they left you a significant sum of money. You were already an adult, you were married and you had your own career, so you did not need the money immediately. But you know that it is enough that you now have the freedom to retire whenever you want. It gives you a significant safety net. The trouble is that you and your spouse have decided you are going to get a divorce. Your spouse believes that they also have a right to that inheritance and that it needs to go through property division. You believe that your parents left the inheritance to you, and you want to keep the entire fund for yourself. How will it be handled?

Were the funds commingled?

There are a few different things to consider. To begin with, inherited funds often start as separate assets. If your parents gifted the money to you directly, you may be correct that it should stay with you, even through the divorce. But if you shared that money with your spouse, that can change things. Maybe the two of you purchased marital assets with it or used some of the money to pay the bills. Maybe you put it in a joint investment account or savings account with other marital funds. If you commingled the money like this, doing so can change its status so that it becomes a marital asset. In that case, your spouse may be correct that they also have a claim to at least a portion of the inheritance in the divorce. Sorting out the financial details can be complicated, and disputes over separate and marital assets are very common. When you are talking about a substantial amount of wealth, it is critical that you understand exactly what legal options you have.  ]]> On Behalf of O'Brien Family Law, PC <![CDATA[Co-parent communication must be handled carefully]]> https://www.obrienfamilylaw.net/?p=50553 2026-06-23T18:19:38Z 2026-06-23T18:19:38Z Some people who are going through a divorce look forward to the day when they don’t ever have to interact; however, that’s not possible for parents who share children. In those cases, the focus has to shift to learning how to minimize the chance of your ex becoming combative or unreasonable.  Effective communication as a co-parent doesn’t require you and your ex to have a close relationship with each other. Instead, you should discuss things related to the children and leave everything else alone. 

Choose a communication style 

One of the first things you and your ex need to decide is how you’ll communicate. This could be through phone calls, emails, text messages or an external parenting app. While you’re discussing the rules for communication, be sure to think about what time communication is allowable. For example, you and your ex may decide that there’s a 15-minute buffer for answering messages. 

Commit to direct communication

You and your ex should communicate directly. It might be tempting to have the children pass messages back and forth, but that’s never a good idea. When children pass messages, it makes it seem as though they have to choose sides between you and your ex. If communicating directly is leading to issues, consider a parenting app that keeps track of these conversations so they court can review them if needed.  It’s a good idea to have communication terms put into the parenting plan. This ensures both parties fully understand what they’re rights and responsibilities. It may help to bring in someone familiar with these matters for assistance as you determine the cost.   ]]> On Behalf of O'Brien Family Law, PC <![CDATA[Did you pay for your spouse’s assets during the marriage?]]> https://www.obrienfamilylaw.net/?p=50550 2026-06-23T10:58:44Z 2026-06-23T10:58:16Z When your separate money improves their separate property In California, the law recognizes a common scenario in high-asset marriages. A spouse, one who is more well-off, acts as a catch-all to pay down debt or improve property that belongs only to the other spouse. For example, using a $100,000 inheritance from your grandmother to help acquire an office space for your spouse’s business start-up. Or you contributed to repayment of a principal loan on a family house that is under your spouse’s name. These contributions do not simply vanish because you shared a life together.

Your right to reimbursement under California law

There is a law that allows you to request reimbursement when you have used your own funds when paying for the down or improving your spouse’s separate asset. Family Code Section 2640 protects your separate property contributions. The court recognizes that just because you married someone does not mean you forfeit what was rightfully yours. However, you must be able to prove that these contributions occurred. You will need solid documentation like:
  • Bank statements showing that you transferred money from your account to theirs
  • Escrow documents or closing statements to help with property improvements
  • Gift or inheritance records proving where the original funds came from
  • Payment receipts for property-related loan principal reductions you covered to help them
Without this paper trail, recovering your contributions becomes significantly harder.

The emotional weight of asking for what belongs to you

It is difficult to see beyond the pain of reality that the relationship is beyond repair. As a person who was in the relationship, asking for a reimbursement from someone you once trusted completely may feel wrong. You shared dreams, built a life and made sacrifices together. This move is a blatant way of saying, “I want my money back” and it can trigger feeling of betrayal especially if this was something you wanted to help them within the relationship. However, it is important that in the divorce everything is fair. The separation of property demands protection even thought it is difficult and painful.

Protecting what belongs to you

When you got married, you decided to invest in your spouse’s future because it was a future you both believe and shared. A divorce is a wake-up call that snaps you back to reality and tells you that you should not lose what was always yours. Beyond high emotions and the entanglement of circumstances, the law provides clear ways to recover your contributions. However, the process requires proof, patience and often, sound legal guidance. Getting back something that you contributed like reimbursements is not about being vengeful or petty but about ensuring that you get out of the relationship financially stable with the same foundation you brought in before you got married.]]>