Law Office of Richard EldridgeLaw Office of Richard Eldridge2026-07-28T06:31:16Zhttps://www.divorceattorneysacramento.net/feed/atom/WordPress/wp-content/uploads/sites/1401636/2019/12/cropped-fav-32x32.jpgOn Behalf of Law Office of Richard Eldridge<![CDATA[Should you be worried about dissipation of assets during a divorce?]]>https://www.divorceattorneysacramento.net/?p=503272026-07-28T06:31:16Z2026-07-28T06:31:16ZIf spouses are ending their marriage on contentious terms, there is a chance that one spouse may waste marital property out of spite. Proactively identifying this behavior is essential to protect your financial interests before the court distributes the assets. Here is what you need to know.
What does California law say?
California family law restricts both spouses from selling, dissipating or taking out loans secured by property until the distribution. They can do so the aforementioned things only with written consent from you or a court order. However, daily living expenses and business operation costs are exempt from such requirements.
How do you know if your spouse is wasting the marital assets?
A spouse can spend as usual to maintain their routine. However, there are certain red flags you might want to look for:
Buying luxury goods
Indulging in expensive hobbies
Selling marital assets without consent
Intentionally incurring business losses
Making frequent, unexplained cash withdrawals
Spotting these patterns early can help you take protective steps before more assets are lost.
What if your spouse has dissipated the assets?
If your spouse has already dissipated the marital assets, California courts have mechanisms to address the imbalance. In most cases, the court offsets the wasted amount from their final share of the property division. This ensures that the non-offending spouse does not bear the financial burden of the other’s spiteful spending.
Protect your financial interests
To prove dissipation, you must provide clear evidence of unauthorized spending. The court will consider a variety of factors, including financial records and situational evidence. Because these issues involve complex legal procedures, it is vital to consult with a family law attorney immediately. They can help you file a "breach of fiduciary duty" claim or a "reimbursement claim" to recover what was lost.]]>On Behalf of Law Office of Richard Eldridge<![CDATA[Can you still get spousal support if you have a job?]]>https://www.divorceattorneysacramento.net/?p=503252026-07-17T11:24:29Z2026-07-22T11:23:12ZFactors in calculating support
When determining support, California judges look at a variety of factors. If your current salary is much lower than what you need to keep the standard of living you had during the marriage, the court may order support to help cover the difference. You may still get support even if you are working, as long as your ex earns significantly more than you.
The court also considers whether your current job reflects your full earning potential or if you sacrificed career advancement to support the family or household. If your marriage lasted 10 years or longer, the court has more discretion to order ongoing support.
The goal of self-sufficiency
California law generally expects the person receiving support to become self-supporting within a reasonable time. Spousal support is meant to help during a transition, not to replace work forever. Having a job does not automatically prevent you from receiving support if the court finds you still need financial assistance to maintain a reasonable standard of living.
However, the court will usually look at whether you are trying to increase your income over time. This can include going to school, getting job training or looking for better-paying work. Your efforts and progress can affect how much support you receive and how long it lasts.
When employment is not a dealbreaker
If you are ending your marriage and are worried about your financial stability, your paycheck does not exclude you from spousal support. A skilled lawyer can review your specific case to help ensure your post-divorce lifestyle remains secure.
]]>On Behalf of Law Office of Richard Eldridge<![CDATA[4 forms of non-physical domestic violence you should know]]>https://www.divorceattorneysacramento.net/?p=503222026-07-09T16:20:53Z2026-07-09T16:20:53ZDomestic violence is often associated with physical harm, but abusive behavior can take many other forms. Non-physical conduct can be just as damaging because it is often designed to control, isolate or intimidate another person over an extended period.
Recognizing these behaviors is important, especially if you are considering a California divorce. Understanding the different forms of non-physical domestic violence can help you identify unhealthy patterns and make informed decisions about your safety and future.
1. Emotional and verbal abuse
Emotional and verbal abuse often involves constant criticism, insults, humiliation or manipulation that gradually undermines confidence and independence. A spouse may repeatedly blame you for their behavior, make you question your worth or isolate you from family and friends through guilt or intimidation. Over time, this pattern can affect your mental well-being and make it more difficult to leave an unhealthy relationship.
2. Financial abuse
Financial abuse occurs when one spouse controls access to money or limits the other person's financial independence. This may include restricting access to bank accounts, preventing someone from working or closely monitoring every purchase.Some individuals also create debt in another person's name or intentionally damage their financial standing, making it harder to become independent after the relationship ends.
3. Digital abuse
Technology can become another method of control within a marriage. A spouse may demand passwords, monitor online accounts or repeatedly send unwanted messages throughout the day.Digital abuse can also involve tracking someone's location, accessing private communications or using social media to embarrass or intimidate them. These behaviors may leave someone feeling constantly watched and unable to communicate freely.
4. Psychological abuse
Psychological abuse focuses on creating fear, confusion or dependence. An abusive spouse may use threats, intimidation or manipulation to influence your decisions and daily activities.Another common tactic is gaslighting, where someone repeatedly denies events or distorts reality until you begin doubting your own memory or judgment. This type of non-physical domestic violence can be difficult to recognize because it often develops gradually.If you have concerns about your safety or questions about California divorce involving non-physical domestic violence, seek legal guidance to better understand your rights and available protections.]]>On Behalf of Law Office of Richard Eldridge<![CDATA[Who determines the allocation of property during divorce?]]>https://www.divorceattorneysacramento.net/?p=503202026-06-26T10:58:06Z2026-06-26T10:58:06ZConcerns about property division are often the main issue in a divorce. Spouses worry about their homes and their businesses. They want to ensure that the outcome is actually fair.
Under California'scommunity property rules, married couples usually need to address any assets and income acquired during the marriage. People may worry about a judge making questionable determinations regarding key resources.Who decides how spouses split their property when they divorce?
The judge has the final say
Many spouses do not litigate property division matters. They may have a prenuptial agreement that influences the process. They may be able to settle through direct negotiations or mediation. They can set any terms for property division that they both agree are reasonable and fair.However, a judge must review and approve the terms proposed by the spouses. In cases where spouses cannot agree on the overall structure of the property division settlement or when there are disputes about specific resources, a family law judge makes the final determinations regarding the division of their property.Knowing what happens during a divorce can make it easier for people to prepare for the process ahead. Spouses usually have the option of working together, and litigation is always possible if spouses find cooperating too difficult. People with legal guidance can learn about their rights, set appropriate divorce goals and pursue the best outcome possiblewhen they divorce.
]]>On Behalf of Law Office of Richard Eldridge<![CDATA[What happens when parents share legal custody?]]>https://www.divorceattorneysacramento.net/?p=503182026-06-07T11:49:02Z2026-06-07T11:49:02ZThe right to make short-term decisions
Shared legal custody empowers each adult in the family to make necessary decisions during their parenting time. If the child wants to visit with a friend or requires minor medical attention, the parent who currently has physical custody typically makes those decisions. Parents can use their shared legal custody to navigate the routine parenting challenges that arise on a daily basis.
The need to coordinate big decisions
Shared legal custody generally means that both parents have a say in important decisions that can affect a child's upbringing and the parent-child relationships within the family. If one parent wants to move out of the state with the children, enroll them in counseling or change what school they attend, they usually need the consent of the other parent.
If parents do not agree on those decisions, they may need to follow conflict resolution standards outlined in their parenting plan or return to family court. Judges can rule on decisions by determining what is in a child's best interests. Parents can create systems to cooperatively address disagreements and can document any violations of their shared legal custody arrangements that they may need to later address in court.
Discussing parenting priorities with a family law attorney can help parents ensure they include the right provisions in their custody orders. Appropriate custody terms limit opportunities for conflict and help parents more effectively share responsibilities for their children.]]>On Behalf of Law Office of Richard Eldridge<![CDATA[Proving domestic violence claims as part of a divorce case]]>https://www.divorceattorneysacramento.net/?p=503162026-06-03T10:51:55Z2026-06-03T10:51:55ZOfficial documentation is the best evidence
Authoritative documentation can convince a family law judge that protection from abuse is necessary. Police reports and medical records are among the most authoritative forms of evidence in divorce scenarios involving domestic violence.
Unfortunately, many domestic violence victims are not in a position to contact authorities or seek professional care. They may need to create private evidence. Photographs of injuries and damaged property can show a pattern of volatile behavior.
Written records of incidents that include all relevant details, such as what occurred, when and who else may be aware of the incident, can help validate that unsafe conduct has been an issue within the marriage. Most people do not need evidence of domestic violence to file for divorce, but those who need a judge to take unsafe conduct into consideration when reviewing specific requests made during the divorce might require documentation.
Discussing a spouse’s behavior with a divorce attorney can help people understand their rights and make use of the systems in place for their protection when leaving a marriage affected by domestic violence. A lawyer can assist with the collection of evidence and can support spouses who are ready to leave an unsafe situation.]]>On Behalf of Law Office of Richard Eldridge<![CDATA[4 reasons your parental rights may be terminated in California]]>https://www.divorceattorneysacramento.net/?p=503142026-05-20T01:17:24Z2026-05-20T01:17:24ZChild custody disputes sometimes involve disagreements about parenting schedules, communication or decision-making authority. In more serious situations, however, the courts may begin questioning whether a parent can safely care for a child at all.
California courts focus heavily on the child’s safety and well-being when reviewing parental rights cases. If the court believes a parent cannot provide safe and stable care, it may limit custody rights or, in extreme circumstances, terminate parental rights entirely. Here are four common issues that can lead to that situation:
1. Severe abuse or neglect
Courts may limit or terminate parental rights when evidence shows a parent committed serious physical harm, sexual abuse or severe neglect toward the child. Repeated acts of domestic violence, unsafe living conditions or a failure to protect the child from danger may convince the court that the parent cannot provide safe custody. If the court believes returning the child to the parent would place them at continued risk, reunification efforts may be limited or stopped altogether.
2. Chronic substance abuse of any kind
Long-term drug or alcohol abuse may affect a parent’s ability to supervise, protect and care for a child consistently. Courts often examine whether substance abuse has created unsafe home conditions, neglect or repeated instability affecting the child’s well-being. A parent who repeatedly refuses treatment or fails to comply with court-ordered programs may face a greater risk of losing their parental rights if the court determines the child cannot remain safely in that environment.
3. Abandonment or failure to maintain contact
Parental rights may also be withdrawn when a parent fails to maintain meaningful involvement in the child’s life for an extended period. Long periods without visitation, communication or financial support may lead the court to conclude the parent is unwilling or unable to provide stable care.
4. Violent criminal conduct
Certain felony convictions may affect parental rights when the conduct suggests ongoing danger or parental unfitness. Repeated criminal conduct may also influence whether the court believes future child custody arrangements can safely continue.Because California courts place child safety above all other considerations, seeking legal guidance early may help you better understand your rights, responsibilities and options during child custody proceedings.]]>On Behalf of Law Office of Richard Eldridge<![CDATA[How long do you have to respond to divorce in California?]]>https://www.divorceattorneysacramento.net/?p=503102026-05-05T18:12:22Z2026-05-05T18:12:22ZIf your spouse files for divorce in California, you are required to respond to the petition. You typically have 30 days to do so.There are certain things that can extend this process. If you are a military member, for example, you can request an automatic stay under the Service Members Civil Relief Act. If you are deployed or otherwise occupied with your military service, you may not be able to respond promptly or participate in court hearings and other aspects of the process. The automatic stay gives you additional time, putting the divorce on hold until you return.But for most people who are served while living with or near their spouse in California, the deadline is 30 days to respond.
What if the deadline is missed?
There are cases where one person files for divorce and serves the petition to their spouse, only for that spouse to ignore it or miss the deadline.If you are in this position, you do have to give your spouse the full 30 days to respond. Even if they say they do not plan to respond, they are entitled to that time to consider their options.Once the deadline has passed, however, you can move forward with the divorce process. You may request that the court issue a default divorce judgment. The court can authorize the divorce and resolve the details with only your involvement, excluding your spouse from the proceedings.
Moving forward with a divorce
Things often go smoothly when both parties respond properly to divorce petitions and other necessary paperwork. But even if that does not happen, divorce is still possible. Be sure you understand how to move forward and what legal rights you have at this time.
]]>On Behalf of Law Office of Richard Eldridge<![CDATA[Addressing a shared business during divorce]]>https://www.divorceattorneysacramento.net/?p=503082026-04-17T12:22:02Z2026-04-17T12:22:02ZFor the last 10 years, since just after you got married, you and your spouse have also been business partners. Maybe you met in school studying similar topics, and after your marriage, you decided to go into business together. It is the main source of income for both of you.
The trouble is that you are now talking about divorce, and owning a business together has complicated things. How can you address it during property division?
One of you could keep the business
The first option is for one of you to buy out the other person’s share and keep the company on your own. You may have to give up your right to other marital assets to balance things out, or you could take out loans to purchase the other person’s share.
Both of you keep working together
Another thing to consider is that divorce does not have to mean the end of your professional relationship as joint business owners. If you decide to keep working together, you can maintain the same ownership shares you already have, and you do not have to change anything else. However, this only works if you are on good terms, which is not true for all couples who are getting divorced.
You can both sell the business
If neither of those options will work, your best option may be to sell the company to a third party. It is difficult to split up the business itself, but you can divide the proceeds from the sale of that business.
Navigating property division
It is true that property division can be more complex for joint business owners, but you do have options. Be sure you are aware of the legal steps you will need to take at this time.]]>On Behalf of Law Office of Richard Eldridge<![CDATA[Can parents move if they share custody?]]>https://www.divorceattorneysacramento.net/?p=503062026-04-02T16:07:18Z2026-04-02T16:07:18ZLocal moves aren't disruptive
If a parent intends to relocate but stays in the same general area, the move is unlikely to have significant consequences for the shared custody arrangement and doesn’t require pre-approval. However, any move out of the state or far enough away to affect the current custody arrangements could require pre-approval.
If there is a dispute about the relocation, then a judge may need to resolve the disagreement. California family law judges should make custody determinations that are in the best interest of the children. In a relocation scenario, they consider the current family circumstances and the impact that the move might have on custody arrangements before deciding whether to grant the relocation request and modify the custody order accordingly or deny the request.
Parents preparing for a change in family circumstances may need support, regardless of whether they intend to move or must contest a proposed relocation. Consulting with a child custody lawyer can help parents understand the process for modifying custody in a relocation scenario.]]>