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Divorcing from your husband or wife is no doubt a very painful and emotional decision.  You likely went into your marriage intending to be with your partner until ‘death do you part,’ so accepting that is not going to be the case this time can be a long process.  With all the untruths and myths surrounding divorce in California, we thought we would set you straight about a few of the biggest ones.

Myth 1: You can’t get divorced in California unless your spouse agrees to it.

While some religions might require you and your spouse to agree upon your divorce or legal separation, the law in California does not.  A divorce is a lawsuit, and you do not need the other person’s permission before you sue them.  Under California law, either spouse can seek a divorce with or without the consent or agreement of the other. There may be disagreements regarding the terms of the divorce and if you and your soon-to-be ex cannot agree to terms, the court ends up makes the decision for them.  This is one reason is it a good idea to hire an experienced divorce lawyer, so that you can make the decisions and not rely on the court.

Myth 2: It’s my fault because I cheated.

Once upon a time in California, there used to be a ‘fault’ divorce where a couple could only get a divorce because there spouse was cheating, or did something else ‘wrong.’  Today, while many sooon-to-be exes blame each other during the divorce process, California law does not require it. Couples are allowed to divorce without placing blame on one another.  With this “no fault” divorce system in place, any married person can ask a California court for a divorce without having to prove, or even allege, that their spouse did something to cause the divorce. Be forewarned: California courts may still consider fault grounds when deciding issues as they relate to your children.

Myth 3: You can’t get a divorce in California until you get a separation.

In California, you do not need to be physically or legally separated before you can get a divorce.  For more information on legal separations and divorce, contact a knowledgeable CA divorce lawyer.

Myth 4: I’m a man, so I won’t get custody of my child.

While California courts used to give child custody preferences to mothers, this is no longer the case.  The modern approach taken by the courts is to ensure the best interests of the children.  This means that courts usually prefer if parents come to their own agreement and child custody arrangements and give parents broad discretion in deciding what is best for their children. However, the courts can impose any custody order as long as it is in the child’s best interests, even if the parents do not ask for it or agree to it.

It’s important that you discuss your divorce options, including child custody issues, with an experienced California divorce lawyer.  The experienced lawyers at Foresight Legal Group will act as your advocates and do their best to make sure that you are protected during this emotional time.

For more information on divorce and child custody issues in California, follow us on Facebook or Twitter @ForesightLegal.

In not surprising celebrity divorce news, we hear that Demi Moore and Ashton Kutcher are over.  Moore, 48, has reportedly consulted with a divorce attorney amid allegations her 33 year old husband Ashton Kutcher cheated on her — and not for the first time.  The latest rumored affair involved a young blonde girl whom Ashton allegedly met in a San Diego club.

The famous couple, most well-known for their age difference (Moore is 15 years Kutcher’s senior), has reportedly not been living together for the last 3 months.  While recently seen together at a Los Angeles Kabbalah center, where we hear they were receiving couples counseling, it appears that any such efforts to revive the marriage are too late.

At stake in the couples divorce is $300 million — a large chunk of money, especially if the couple did not sign a prenup before tying the knot. Both Moore and Kutcher are successful actors, with Kutcher stepping in for Charlie Sheen on Two and a Half Men, so hopefully money is not an issue for them.

For more celebrity divorce news, follow us on Twitter @ForesightLegal!

As almost every couple who is going through a divorce can attest, the process can be exhausting, stressful, and tearful.  When you add kids to the equation, the divorce is often even more complicated and involved because you have the lives and well-being of your children to consider.  No matter how much you despise your soon-to-be ex, it is very important that you do not share your feelings or emotions with your children.  Children are more perceptive than most adults give them credit for and studies show that children often blame themselves for their parents divorce, especially if their parents are bad-mouthing each other.

The best way to avoid having your child feel responsible for your divorce or legal separation?  Talk to them.  Let them know that this difficult decision has nothing to do with them and that you still respect your ex — and then act like you do.  Sending mixed messages to your children by saying one thing and acting another way will only confuse them even more and make them feel more responsible.

Here are 8 more ways to make sure that your child feels safe and loved during and after your divorce:

1. Visits – Arrive for visitations on time and consistently to avoid your child’s disappointment if you miss a scheduled visit. Make your children a priority!

2. Don’t argue with your ex in your child’s presence, and especially avoid arguing when talking about the child.  Remember, if a child hears parents arguing he will likely think he is a cause of the discord.

4. Don’t talk about financial or legal issues when your child is present.

5. Don’t make your child responsible for passing information between you and your former spouse.  Your child is NOT your go-between.

6. Don’t ask your child to spy on your ex-spouse; including asking about whether your ex is dating.

7. Don’t prevent your child from seeing their other parent as a way to punish your former spouse. The child is the one who ends up suffering.

8. Don’t trash your ex to your child.

Of course divorce and the child custody issues that follow will not be easy, but an experienced CA divorce attorney will help walk you through the process, ensuring that you have the best situation for you and your children.

If you are considering a divorce or legal separation in CA, contact the knowledgeable divorce and family law lawyers at Foresight Legal Group today.

It seems like every time we pick up a gossip magazine, we are reading about a celebrity couple renewing their marital vows.  We know that stars do things differently from us mere mortals, but we couldn’t help but wonder: what’s reason? Especially (like Brooke Burke) when you’ve only been married a month?

Here’s a few of the most head-scratching celebrity vow renewals.

David Schwimmer  and Zoe Buckman.  The 44 year old Friends star and his 26 year old bride married in June 2010.  A little more than one year later, on September 10, 2011, the couple renewed their wedding vows.  Had they already forgotten the promises they made to each other 15 months prior?

Brooke Burke and David Charvet.  The great-looking couple married in August of this year.  One month later, on September 9, 2011, they renewed their vows.  Really guys?  One month?  Let’s hope is was just a delayed party and not an actual vow renewal, as their reps said.

Heidi Klum and Seal.  This couple famously throws a big vow renewal party every year — for a total of 6 over the past 6 years.  Each year is a different theme, with the bride and groom dressing in costume and the couple’s 4 children and all guests playing along.

We Told You They Dressed Up!

Mariah Carey and Nick Cannon.  The 40 year old diva and her younger husband gave birth two twins in May.  The next day, Rev. Al Sharpton renewed their wedding vows in the hospital.  Knowing Mariah, she was probably lounging comfortably in the bed, with Nick standing by her side.

Khloe Kardashian and Lamar Odom. One year after the reality star and her NBA player hubby tied the knot in an over-the-top wedding ceremony, the couple renewed their vows.  Considering the twosome only dated for about a month before marrying, maybe this vow renewal made sense!

What are your thoughts?  Do you and your spouse see vow renewals as sweet or silly?  Are vow renewals just another crazy thing celebs do to remind all of us about how much they love each other?

We want to know what you think! Join the conversation on Facebook!

Developments in technology bring many benefits; the ability to video chat — or Skype — with your long distance loved one is just one of them.  So how does these perks affect a pending divorce and child custody, if at all? Through ”Virtual visitation.”  A term that didn’t exist until fairly recently, it refers to using webcams and Skype to create a virtual environment in which distant parents can connect with their children.

At one time, divorced parents splitting custody of their children were required to live within relatively close distance so that the kids could spend time with both parents.  Things have changed.  Recently, a New York case judge granted a divorced mother’s request for permission to move with her three children to Florida, despite the fact that the children’s father lived in New York. As a condition of the moveaway order, the mother had to agree to allow the children to visit with their father via Skype. The judge noted that economic conditions justified the move, as the parents’ house was underwater, employment prospects were dim, and the mother had supportive family in Florida.

If you have children and are considering a divorce, this might sound like a less than ideal situation, especially if your soon-to-be-ex spouse is threatening to move across the country, or even the state.  It is very important that you take a proactive approach and work with an experienced divorce lawyer in building a case around why you need to keep your kids close to you.

The knowledgable family law attorneys at Foresight Legal Group have handled many divorces and understand what judges look for when granting child custody.  Call Foresight Legal Group today.