Dinnebier & Demmerle Results - Oriented Family Law Representation 2026-10-09T13:06:07Z https://www.dd-familylaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1201447/2021/04/cropped-dinnebier-demmerle-site-icon-32x32.jpg On Behalf of Dinnebier & Demmerle <![CDATA[10 top reasons for divorce]]> https://www.dd-familylaw.com/?p=48186 2026-10-09T13:06:07Z 2026-10-09T13:06:07Z People get divorced for a wide variety of reasons. In many cases, it is not even necessary that they establish fault or prove that the other person gave them a reason to end the marriage. They can simply decide that it is time for the relationship to come to an end and file for a no-fault divorce. But even in these cases, there are underlying reasons that cause them to want the divorce in the first place. It can be helpful to understand what these look like, as they can be red flags that divorce may be in your future.

There may be multiple issues

Below are 10 of the top issues that people have reported in a handful of studies asking them why they decided to end their marriage. It is important to remember that there could be multiple issues occurring simultaneously within the same relationship. Although not necessarily in any specific order, these are 10 of the reasons often provided:
  1. Infidelity and extramarital affairs
  2. General incompatibility for the couple
  3. Excessive drug use or drinking
  4. Growing apart over time
  5. Lack of commitment by one partner
  6. Too much conflict in the relationship
  7. Excessive arguing and constant disagreements
  8. Getting married too young
  9. Not having undergone any premarital preparation
  10. Monetary stress and financial issues, such as financial infidelity
You can see how many of these things could occur at the same time. If someone's partner engages in excessive drinking and drug use, that could cause financial strain and excessive conflict. If a couple got married too young, that could cause them to grow apart as they get older. In any of these cases, it is important for divorcing couples to understand all of their legal rights when it comes to child custody issues, the division of marital property and much more.  ]]> On Behalf of Dinnebier & Demmerle <![CDATA[Can a prenup decide child custody or child support in California?]]> https://www.dd-familylaw.com/?p=48183 2026-09-29T13:05:21Z 2026-09-29T13:05:21Z Can a prenup determine child custody? Custody terms in a prenup do not bind a California court. Courts make custody and parenting-time decisions based on the child’s best interests rather than treating terms written before marriage as controlling. This allows the court to consider your family’s circumstances when a custody decision becomes necessary. Depending on the case, the court may consider factors such as:
  • The child’s health, safety and welfare
  • Any history of abuse
  • The nature and amount of contact with each parent
Together, these factors help the court evaluate an arrangement based on your child’s circumstances rather than terms you agreed to before marriage. Parents can later reach their own custody and parenting-time agreement. However, the court must determine that the arrangement serves the child’s best interests before making it an order.

Can you set child support in advance?

A prenup also cannot limit your child’s right to support under state law. You and your future spouse cannot use a prenup to waive that right or make a future support amount binding on the court. If child support becomes an issue, California generally uses statewide guidelines to calculate the amount. You and the other parent may later agree on child support, including an amount that differs from the guideline calculation in some circumstances, but specific requirements apply before the court can approve it.

What can your prenup address instead?

Although a prenup cannot predetermine these issues involving your children, it can address many financial matters between you and your future spouse. Depending on your circumstances, an agreement may address property rights, debts and other financial arrangements.

Understand what your prenup can accomplish

Knowing what a prenup can and cannot control can help you approach the process with realistic expectations. You can make important financial arrangements with your future spouse while recognizing that future custody and child support decisions remain subject to state law. Legal guidance can help you understand which provisions may be appropriate for your agreement and which decisions must remain outside it.]]> On Behalf of Dinnebier & Demmerle <![CDATA[What should you know before moving out during a divorce?]]> https://www.dd-familylaw.com/?p=48180 2026-09-28T22:27:37Z 2026-09-28T22:27:37Z Living under the same roof during a divorce can become difficult, especially when communication has broken down, tensions are high or you feel like you could both use some physical distance while deciding what happens next. While moving out during the divorce process may seem like a straightforward solution, it’s important to understand the legal and practical consequences that may follow.

Moving out does not necessarily end your financial obligations

Leaving the marital home doesn’t automatically eliminate your responsibility for expenses connected to it. Depending on your circumstances, you may still need to contribute toward the mortgage, property taxes, utilities, insurance or other household costs. At the same time, you may have rent, utilities and other expenses for your new residence. Maintaining two households can put additional pressure on your finances, so review your income, expenses and existing obligations before signing a new lease.

Consider how it may affect parenting time

If you move out and your children stay behind, you may spend less time with them during the divorce process. This can make it harder to maintain the same day-to-day parenting routine you had before. Before moving, consider how you will continue spending regular time with your children and whether you should agree on a temporary parenting schedule.

You still have rights 

It’s worth noting that moving out of the marital home does not mean giving up your ownership interest or any equity you may have in the property. You may still have legal and financial interests in the home even after establishing a separate residence. If you have concerns about how moving out of the family home could affect the outcome of your divorce, seeking urgent professional legal guidance can help you understand your options and avoid unintended consequences.]]> On Behalf of Dinnebier & Demmerle <![CDATA[3 important tips for dating as a parent with shared custody]]> https://www.dd-familylaw.com/?p=48178 2026-09-17T03:14:56Z 2026-09-17T03:14:56Z Every interaction between parents who share custody is an opportunity for conflict. Certain common circumstances are likely to trigger negative reactions, such as one parent starting a new relationship. There is nothing inherently inappropriate about beginning a new romantic relationship while sharing custody. However, parents often find themselves arguing over what is reasonable when dating affects co-parenting. They can take certain steps, such as those suggested in the three tips below, to prevent their new relationships from damaging their parenting dynamic.

1. Establish boundaries early

Ideally, parents agree to a specific timeline for introducing the children to new partners, such as waiting until the relationship lasts a certain amount of time or reaches certain milestones. Parents may also agree that the co-parent should meet the new partner before the children do.

2. Prioritize parenting time

People become quite fixated on their new partners early in relationships. As such, it is important for parents to be aware of those impulses and to ensure that they do not cancel their parenting time or otherwise fail to fulfill their responsibilities to their children in their eagerness to connect with a new partner.

3. Ensure consistent communication

It is better for information about a new relationship to come straight from another adult rather than to filter through the children to the other parent. Co-parents do not need to share every detail of their personal lives with one another, but appropriate disclosures can prevent confusion and conflict. With a child-centered approach, dating after a divorce or separation doesn't need to be a nightmare. Working with an attorney while establishing shared custody arrangements and navigating conflicts can help people move on with their lives after a relationship ends.]]> On Behalf of Dinnebier & Demmerle <![CDATA[Can your spouse kick you out prior to divorce?]]> https://www.dd-familylaw.com/?p=48176 2026-08-28T16:07:01Z 2026-08-28T16:07:01Z If your spouse files for divorce, they may also tell you that you need to find somewhere new to live. This is especially common if they blame you for the divorce or if there is a high level of conflict. They will find it too stressful to keep living together until the divorce has been finalized. But from your perspective, can they actually kick you out of the house? You may be concerned about finding another living situation, especially on short notice.

Are you on the title?

First and foremost, who owns the home? In many cases, both spouses will be on the title. They will both be on the mortgage paperwork. The home is a marital asset that they purchased together. In a situation like that, it is important to remember that both people do have a right to live at that property. Your spouse cannot legally kick you out just because they find being around you stressful. The two of you would have to mutually agree to live separately.

Is there a court order?

One potential exception to this is if your spouse has obtained a court order mandating that you have to leave the house. You do have to honor this order, even if you are on the title. But court orders are typically only issued in extreme situations. Maybe your spouse can provide credible evidence of abuse or prove that they believe they would be in danger living with you, and so the court order is set up to give them safety and security. These cases are rare, but if the court does order that you have to live outside of the home, you must follow that order.

Addressing a complicated divorce

If you are having these types of questions in the lead-up to a divorce, odds are that things will become rather complicated. It can help to work with an experienced divorce attorney to explore your rights and your options.  ]]> On Behalf of Dinnebier & Demmerle <![CDATA[What is the dissipation of marital assets?]]> https://www.dd-familylaw.com/?p=48174 2026-08-24T15:35:23Z 2026-08-24T15:35:23Z In California, spouses “share and share alike” when it comes to their assets – but what happens when the relationship breaks down and one spouse purposefully depletes the marital funds for selfish purposes that are unrelated to the marriage? This is often called dissipation of marital assets or “marital waste.” Dissipation is not simply spending money in a way the other spouse dislikes. Married people routinely make different financial choices, and ordinary spending does not become misconduct when a divorce begins – even when the couple can’t agree on their approach to money. 

What are some examples of marital waste?

What exactly dissipation looks like can vary from situation to situation. However, potential examples may include:
  • Gifts, vacations, hotel rooms or rent for an affair partner
  • Gambling away a substantial amount of money 
  • Unusually large withdrawals from joint accounts without explanation
  • Significant (and questionable) “loans” to family or friends
  • Selling marital property for $1 or anything far less than its value
  • Deliberately damaging or destroying marital property to keep it from being divided
  • Running up large debts in sudden, unusual shopping sprees
Timing and intent often matter. Any unusual transaction could be scrutinized if it occurred after the divorce was clearly anticipated.

What is not ordinarily considered dissipation?

It’s important to understand that not every purchase – even if it is unwise or unnecessary – constitutes marital waste. Examples of things that aren’t usually considered dissipation include:
  • Paying the mortgage, utilities, groceries and other household expenses
  • Buying ordinary clothing, meals or personal items
  • Continuing a longstanding hobby at approximately the same spending level
  • Making a poor investment in good faith
  • Spending money with the other spouse’s knowledge or agreement
  • Paying reasonable attorney fees related to the divorce, where permitted
For example, one spouse may resent the other for regularly buying expensive golf equipment. If that spending occurred throughout the marriage and was part of the couple’s established lifestyle, it may not be dissipation. Secretly withdrawing $20,000 after separation to take a new romantic partner on vacation, however, is a different story.

How can dissipation affect property division?

The courts heavily frown on marital waste – and a judge can make their feelings known in several ways. The value of the wasted assets can be imputed when the remaining assets are divided, with the aggrieved spouse receiving a larger share of what’s left. In some cases, a court may order one spouse to repay the other for lost assets. A person who suspects marital waste should preserve bank statements, credit card records, tax returns, receipts and information about unusual transfers. Working with an experienced family law attorney can also help obtain fair results in a California divorce.]]> On Behalf of Dinnebier & Demmerle <![CDATA[How to prepare your social media before filing for divorce]]> https://www.dd-familylaw.com/?p=48172 2026-08-02T21:28:09Z 2026-08-02T21:28:09Z steps with your social media accounts can help create a more stable transition and develop clearer boundaries during a difficult period.

Review existing accounts

Start by examining every active account to understand what information is visible. This includes older platforms that may still contain personal details.
  • Check privacy settings
  • Remove outdated photos
  • Limit public visibility
A full review helps you understand what others can see and how that information may be interpreted during your divorce, helping support a more controlled online environment.

Adjust future activity

Online posts can create misunderstandings during the divorce process. Reducing your social media activity can help prevent disputes.
  • Avoid posting about new relationships
  • Limit comments about finances
  • Pause discussions about parenting issues
These adjustments can do much to reduce tension and keep communications focused on essential matters throughout your divorce.

Protect personal information

Some accounts may reveal sensitive details that should be secured. Updating your passwords and reviewing your connected devices can help strengthen account safety.
  • Change passwords regularly
  • Enable two factor authentication
  • Remove unused connected apps
Strengthening account security safeguards sensitive information and reduces the risk of unwanted access during the stress of a divorce. Taking these steps can help to create a more stable digital environment as you prepare for divorce. If you have questions or concerns about how your online activity may affect your divorce, consider seeking legal support from an experienced professional before you begin the divorce process.]]> On Behalf of Dinnebier & Demmerle <![CDATA[How can I protect my inheritance before marriage?]]> https://www.dd-familylaw.com/?p=48171 2026-07-18T21:52:17Z 2026-07-18T21:52:17Z Why should I keep my inheritance separate? Commingling occurs when separate funds mix with marital money. For instance, depositing inherited cash into a joint account and using it for household expenses may make it harder to trace the funds. You can reduce that risk by keeping the inheritance in an account held solely in your name. Avoid depositing marital earnings into that account. You should also preserve:
  • Estate documents
  • Account statements
  • Property records
  • Other materials showing when and how you received the assets
You may choose to use inherited money for your family while keeping it separate. However, before transferring the funds or changing an asset’s title, consider how the decision could affect its separate-property status.

Can using my inheritance to support my business create problems?

Yes. Using inherited money to fund your business may blur the line between separate and marital property. The issue can become more complicated if your spouse later works for the company, contributes money or helps increase its value. Your business may require its own protection plan, so consider obtaining a professional valuation before marriage. This creates a record of the company's value before the wedding. Taking protective measures before marriage can help you preserve assets while creating clear expectations for your future together. A legal professional can help you create a plan that protects your inheritance without treating your marriage like a business transaction.]]> On Behalf of Dinnebier & Demmerle <![CDATA[How co-parents can prepare for a new school year]]> https://www.dd-familylaw.com/?p=48170 2026-07-11T17:29:34Z 2026-07-11T16:21:34Z The start of a new school year can expose every weak spot in a co-parenting routine as pickup times change, activity calendars fill up and one missed message leaves your child without supplies or transportation. For families across Orange County, planning before the first day can reduce conflict and give children a steadier start.

Review your custody schedule and the school calendar

Once the school posts its calendar, compare it with your parenting-time schedule. Look for the spots that cause friction, such as early-release days, teacher workdays, holidays and long breaks, then decide who will cover each one. If the custody and visitation schedule you built around summer no longer fits the school week, discuss an adjustment. If you need the court to change an existing order, you generally must explain what has changed and why the requested schedule serves your child's best interest.

Understand your access to school records

California law provides both custodial and noncustodial parents with a right to access their child’s school records unless a specific court order explicitly revokes that right. You may request report cards, attendance records and an individualized education program directly from the school. Access to records does not automatically grant authority to make educational decisions. Your legal custody order controls that issue.

Set up communication that works

Decide how you will share information about grades, events and problems as they come up. A shared calendar, co-parenting app or standing email thread can keep both households on the same page. Good co-parenting communication helps both households coordinate school activities and stay informed when the child is away. Assign responsibility for permission slips and conferences, then agree on how to handle sick days and early pickups. Teachers and front-office staff appreciate clear guidance, so let the school know how communication should flow.

Plan for extracurriculars and costs

Sports, music and clubs often mean added expenses and added driving. Talk through registration fees, transportation and how practices fit into each parent's time. Sorting this out before sign-ups open keeps your child from getting caught in the middle of a scheduling gap.

Give your child a steadier start

A school plan does not need to solve every disagreement. It should identify who handles each task, where information will go and how you will respond when plans change. Set aside one afternoon to review the calendar, budget and contact list together. That preparation gives your child more room to focus on classes, activities and friends instead of adult logistics.]]> On Behalf of Dinnebier & Demmerle <![CDATA[The gender inequality of divorce ]]> https://www.dd-familylaw.com/?p=48169 2026-07-09T19:21:25Z 2026-07-09T19:21:25Z The effect of the unequal sharing of unpaid duties While some married couples share household duties equally and sometimes the man stays home while the woman goes to work, women as a whole take on a greater share of these unpaid duties. These can include caring for children or elderly relatives, as well as cooking and cleaning, among other things. The effect on post-divorce income is twofold. First, women may not have gone as far in their career (and therefore up the pay scale) while married, making earning an equivalent income to their ex-husband more difficult, even if they can now dedicate more hours to work. Second, women often retain a greater share of child-raising after the divorce. This can leave them unable to put in as many hours at work as their ex-husband can. The result is that women are at around twice the risk of being in poverty after they divorce. If this occurs, it won’t just affect them. It will affect any children they have, too. It shows why having experienced legal guidance to pursue an appropriate settlement is so important.]]>