Law Office of Richard EldridgeLaw Office of Richard Eldridge2026-09-28T09:06:23Zhttps://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[How does a parent’s work schedule affect custody decisions?]]>https://www.divorceattorneysacramento.net/?p=503402026-09-28T09:06:23Z2026-09-28T09:06:23ZWhat do courts consider?
Judges evaluate a parent's practical availability rather than strictly counting working hours. Key considerations include:
Work hours
Commute time
Ability to handle school and medical needs
Childcare plans during work hours
Involvement in homework, activities and appointments
A parent who works nights may still have plenty of parenting time during the day. A parent with a demanding schedule may also stay closely involved in the child’s life through regular routines and planning.
Does flexibility matter?
A flexible schedule can help a parent adjust for school events, appointments or emergencies. But a fixed schedule does not automatically hurt a parent’s case.
A parent with steady hours may still create a workable parenting plan by arranging transportation, childcare or help from family members. The main question is whether the plan gives the child proper care and stability.
What if a work schedule changes?
A major change in hours, travel or shift work may affect an existing custody order. Depending on the circumstances, a parent may ask the court to modify the order if the legal standard for change is met.
Parents should keep records of work schedules, childcare arrangements and parenting duties. Clear documentation can help show how a proposed schedule would work in real life.
Next steps for parents
A work schedule is only one part of a custody decision. Courts look at the full picture, including the child’s needs and each parent’s ability to provide consistent care. If your schedule has changed, a family law attorney can review your situation and explain your options.]]>by Law Office of Richard Eldridge<![CDATA[Can yelling count as domestic violence in California?]]>https://www.divorceattorneysacramento.net/?p=503372026-09-18T17:22:21Z2026-09-18T17:22:21ZWhat California law defines as domestic violence
California law defines domestic violence as abuse between partners, family members or people who live together. Two legal standards cover non-physical behavior. The first is California Family Code § 6203(a)(3). It applies when someone makes threats that cause another person to fear they will be seriously hurt very soon. The second is California Family Code § 6203(a)(4). This connects to § 6320, which bans behavior that disturbs a person's peace. In simple terms, this means any conduct that harms a person's mental or emotional state. Neither standard requires physical contact. Words and actions alone can meet both legal tests.
When verbal conduct crosses the legal line
Not every argument meets this threshold. But yelling can become a legal matter under specific conditions. Screaming threats to cause bodily harm while blocking a partner's exit, for example, may create reasonable apprehension of imminent serious bodily injury under § 6203(a)(3), depending on the totality of circumstances. Repeated verbal attacks that control or isolate a partner may also qualify under § 6320. Physical contact is not required.
When reviewing a claim, courts may look at:
How close the speaker was to the victim
Whether the threat was direct or implied
The tone and volume of the conduct
Whether the victim had reason to believe the threat was real
A pattern of controlling or isolating behavior
The effect on the victim's mental or emotional calm
Documenting incidents, including dates, witnesses and recorded communications can strengthen a domestic violence restraining order petition.
Getting legal help if you are experiencing verbal abuse
California law is clear: domestic violence does not require physical contact. Repeated yelling, threats or controlling verbal behavior can meet the legal standard. You may have grounds to seek a domestic violence restraining order under California Family Code § 6203. A family law attorney can review your facts and help you decide if a restraining order is the right step.]]>On Behalf of Law Office of Richard Eldridge<![CDATA[What is pendente lite spousal support in California?]]>https://www.divorceattorneysacramento.net/?p=503342026-09-10T06:36:12Z2026-09-10T06:36:12ZPurpose of temporary financial relief
California courts use temporary orders so both spouses can pay basic living costs during legal proceedings. The Latin term pendente lite simply means "while the lawsuit is going on."
Under California Family Code Section 3600, judges can award this temporary support while a divorce moves forward. Local county courts use computer programs and county formulas to figure out fair support amounts quickly. These state-approved programs look at clear financial items:
Monthly income for both parties
Tax filing status and health care costs
Mandatory work fees and retirement payments
These numbers give judges a standard starting point for support payments. However, judges still hold power under California law to adjust payment amounts when special financial circumstances exist.
How to request temporary financial relief
Spousal support does not start automatically when a person files for divorce. You must actively ask the court for a temporary support order.
To start this request, a party files an official court paper called a Request for Order. Both spouses must also turn in a standard Income and Expense Declaration.
A judge reviews these financial papers and sets a temporary payment amount that stays in place until your trial or final settlement. Filing early helps prevent unpaid bills and gives both spouses access to necessary funds throughout the legal process.
Protect your financial stability during divorce
Getting fair temporary support requires accurate financial forms and proper court filings. Speaking with a local family law attorney can help protect your financial rights while permanent agreements are made.
]]>On Behalf of Law Office of Richard Eldridge<![CDATA[Can spousal support be changed after a divorce?]]>https://www.divorceattorneysacramento.net/?p=503322026-08-21T14:20:02Z2026-08-21T14:20:02ZCommon reasons judges grant a change
California family courts look at several key factors when deciding to raise, lower or stop spousal support:
Changes in income: Losing a job through no fault of your own, a sudden injury or a big pay raise can justify changing monthly payments.
Moving in with a partner: Under California law, if the person getting support moves in with a new romantic partner, the law assumes their financial need has gone down.
Retirement: Reaching normal retirement age often allows a paying spouse to ask for lower payments.
Not trying to work: Judges expect the person receiving payments to make a real effort to support themselves within a reasonable time.
Remarriage or death: Support ends right away if the receiving spouse remarries or if either person passes away, unless a written agreement says otherwise.
While these factors provide a general guideline, every family law case is unique and depends on the specific details of your situation.
Important legal exceptions
Before filing paperwork, check your original divorce agreement. If your judgment says spousal support is "nonmodifiable", California courts cannot change the amount or duration for any reason. Also, a judge can only backdate changes to the day you officially file your court request. A judge cannot forgive past unpaid support debts.
Taking the next steps
To ask for a change, you must file a request for order along with updated income forms at your local county court. Working through California courts takes clear paperwork. Talking with an experienced family law attorney helps you gather the right proof to make a strong case to the court.]]>On 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.]]>