O'Brien Family Law, PC Sacramento Divorce Lawyer | O'Brien Family Law, PC2026-07-26T16:04:17Zhttps://www.obrienfamilylaw.net/feed/atom/WordPressOn Behalf of O'Brien Family Law, PC<![CDATA[Why it helps to tell the children about divorce together]]>https://www.obrienfamilylaw.net/?p=505592026-07-26T16:04:17Z2026-07-26T16:04:17ZIf 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=505572026-07-10T13:17:40Z2026-07-10T13:17:40ZEnding 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=505552026-07-04T20:45:43Z2026-07-04T20:45:43ZWhen 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=505532026-06-23T18:19:38Z2026-06-23T18:19:38ZSome 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=505502026-06-23T10:58:44Z2026-06-23T10:58:16ZWhen 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.]]>On Behalf of O'Brien Family Law, PC<![CDATA[Summer child custody questions]]>https://www.obrienfamilylaw.net/?p=505482026-06-10T02:57:53Z2026-06-10T02:57:53Zchild custody arrangement may need to be adjusted. Below are three questions to ask as you go through this process.
Does the schedule need to change?
First, your child custody schedule may be based around the time that your children are in school. But now that the children will not be in school during the day, does that schedule need to change? Do you need to change when you make exchanges or when you can be physically present with the children?
What about camps and vacations?
It is also important to think about vacations or trips you want to take with the children, along with activities like summer camps. Do these activities fit within the existing child custody schedule, or do you need to communicate with your ex to clear any variations?
Who can watch the children?
Finally, it can be hard for co-parents to watch the children themselves if they still have to go to work. Grandparents sometimes step in, or parents will hire babysitters. Who do you and your ex authorize to watch the children in your absence, and how can the two of you make these important decisions? What happens if you disagree on a babysitter or caregiver?
Communication is important when addressing these child custody issues. When making any modifications to the parenting schedule – even seasonal ones – it is smart to have experienced legal guidance.]]>On Behalf of O'Brien Family Law, PC<![CDATA[How can you help your children split their time between homes?]]>https://www.obrienfamilylaw.net/?p=505442026-05-26T16:58:22Z2026-05-26T16:56:54ZChildren who are living through their parents' divorce have to learn how to cope with many changes. One of these changes is learning to split their time between two homes. This isn’t always an easy transition for the children, so it’s up to the parents to help them through this process.
If you’re going through this with your children, one of the first things you should do is find out exactly what they need as they transition from one home to the other. Children will all cope with this change in different ways. Talking to your child may give you a starting point.
Keep everything as consistent as possible
Consistency through this process may help the children to feel more stable. It’s unlikely that you and your ex will be able to agree on every rule and entry on the schedule. Instead, focus on the big things. For example, a younger child may need to have the same meal and bedtimes in both homes. You and your ex should be flexible and work on a compromise that suits the child’s needs.
Give the child space
Your child should have a dedicated space in both homes. Ideally, this will be a bedroom. If it’s a shared bedroom, make sure they have their own space. For example, give them dresser drawers and closet space to keep their personal belongings. This helps them to feel as though the house is theirs.
Limit packing
Having the basic necessities at each home for the child will reduce what they have to pack to go back and forth. This lets them focus on things they want to bring and things that can’t be duplicated. Younger children may need help with determining what to bring, so offer calm support for this. The parenting plan will outline when the child will be with each parent. Be sure to help the children understand the schedule to limit confusion and help reduce their stress. ]]>On Behalf of O'Brien Family Law, PC<![CDATA[What does “best interests of the child” actually mean?]]>https://www.obrienfamilylaw.net/?p=505412026-05-13T11:49:56Z2026-05-13T11:49:56ZWhen parents are going through a custody dispute, one phrase tends to come up again and again: “the best interest of the child.” While it sounds simple, many parents are left wondering what the phrase actually means in practice.
Custody decisions are rarely based on one single issue. Courts will look at many parts of a child’s life to decide what arrangement will best support their safety, stability and overall well-being.
What does the court look for?
Every family situation is different, but courts consider several common factors when deciding custody. One of the biggest considerations is the child’s emotional and physical needs. Judges may look at which parent has been the primary caregiver, who can provide a stable home environment and how each parent supports the child’s education, health and daily routine.The relationship between the child and each parent also matters. Courts generally want children to maintain healthy relationships with both parents whenever possible. A parent’s willingness to encourage communication, cooperation and ongoing contact with the other parent can play an important role in final custody decisions. In some cases, the court may also consider the child’s preferences, depending on their age and maturity level.Safety concerns are another major deciding factor. Issues involving domestic violence, substance abuse, neglect or unsafe living conditions can heavily affect a custody case. Courts are focused on protecting children from harm while creating an arrangement that supports long-term stability. Financial status alone usually does not determine custody, but the ability to meet the child’s basic needs may still be considered as part of the overall picture.Child custody cases can quickly become overwhelming, especially when parents are unsure of how the courts evaluate these situations. Speaking with a legal professional can help you better understand your rights, the unique factors that affect your case and steps that can help protect your child’s future.]]>On Behalf of O'Brien Family Law, PC<![CDATA[Navigating child and spousal support after a divorce]]>https://www.obrienfamilylaw.net/?p=505392026-04-27T09:30:24Z2026-04-27T09:30:24ZDivorce often brings major financial changes, especially when children are involved. Understanding how support works can help you prepare for life after separation and make informed decisions.
Child and spousal support are designed to provide stability and fairness. While each case is unique, knowing what to expect can reduce uncertainty and help you plan for the future.
Understanding spousal support expectations
Spousal support is not automatically granted in every divorce. Courts typically consider whether one partner needs financial assistance and whether the other can provide it.In many cases, support is temporary and intended to help one person regain financial independence. Factors such as work history, income and time spent out of the workforce can influence the outcome.
Recognizing changing financial roles
Modern family dynamics have shifted over time, and this has affected how support is awarded. Courts often expect both individuals to contribute financially where possible.This means that long-term support may be less common than in the past. Instead, the focus is on creating a path toward self-sufficiency.
How child support is determined
Child support in California is calculated using a statewide uniform guideline formula. It takes into consideration factors like the number of children involved, how much both parents make and the amount of time each parent spends with the child during visitation. The goal is to ensure that children continue to receive proper care and support, which includes expenses such as housing, education, healthcare and daily living costs.
Resolving disputes and adjustments
If disagreements arise, negotiation or mediation may help reach a solution. In some cases, support orders may need to be modified due to changes in income or living conditions. Keeping accurate records and clear communication helps make this process much smoother.
Final thoughts
Navigating child and spousal support requires careful attention to financial needs and responsibilities, with each decision playing a role in shaping your future and your children’s well-being.Seeking reliable legal guidance can help you understand your options, protect your interests and create a support arrangement that works for everyone involved.]]>On Behalf of O'Brien Family Law, PC<![CDATA[What happens to your business in a California divorce?]]>https://www.obrienfamilylaw.net/?p=505352026-04-21T07:47:27Z2026-04-21T07:47:27ZIf you own a business and your marriage is ending, the stakes go beyond dividing furniture or bank accounts. California's community property laws can put your company and everything you've built on the table.
How California classifies business ownership
California treats most assets acquired during a marriage as community property, which means both spouses hold an equal interest. Businesses are no exception.UnderCalifornia Family Code § 770, a business you owned before marriage is generally separate property. You keep it. But growth that occurred during the marriage may still be divisible, especially if marital funds or your spouse's labor contributed to that growth.
When your spouse may have a claim
Courts look at more than the business's origin. They examine what happened to it throughout the marriage. Your spouse may have a claim to part of the business value if any of the following apply:
Marital funds invested: Community income was used to grow or sustain the business.
Spousal contribution: Your spouse worked in the business or supported operations directly.
Commingled finances: Personal and business funds were mixed over time.
Each of these factors can shift a portion of the business from separate to community property. Even a business you started alone can have a divisible component.
How businesses are valued
Courts don't divide businesses by guessing. A formal valuation determines what the business is actually worth before any division takes place. California courts typically rely on one of two methods to assess value:
Pereira method: Applied when the owner's personal effort drove business growth, more value stays as separate property.
Van Camp method: Used when external factors like capital or employees drove growth, more value may be treated as community property.
A forensic accountant often leads this process. Each spouse may hire their own expert or a court may appoint a neutral evaluator.
You may talk with an attorney about your situation
Business division is one of the most complex areas of California divorce law. The attorneys at O'Brien Family Law help clients understand their rights and options in property division cases. Speaking with a lawyer may clarify how these rules apply to your specific business and circumstances.]]>