Dinnebier & DemmerleResults - Oriented Family Law Representation2026-08-28T16:07:01Zhttps://www.dd-familylaw.com/feed/atom/WordPress/wp-content/uploads/sites/1201447/2021/04/cropped-dinnebier-demmerle-site-icon-32x32.jpgOn Behalf of Dinnebier & Demmerle<![CDATA[Can your spouse kick you out prior to divorce?]]>https://www.dd-familylaw.com/?p=481762026-08-28T16:07:01Z2026-08-28T16:07:01ZIf 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=481742026-08-24T15:35:23Z2026-08-24T15:35:23ZIn 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=481722026-08-02T21:28:09Z2026-08-02T21:28:09Zsteps 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=481712026-07-18T21:52:17Z2026-07-18T21:52:17ZWhy 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=481702026-07-11T17:29:34Z2026-07-11T16:21:34ZThe 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=481692026-07-09T19:21:25Z2026-07-09T19:21:25ZThe 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.]]>On Behalf of Dinnebier & Demmerle<![CDATA[Adjusting custody orders when one parent always cancels]]>https://www.dd-familylaw.com/?p=481682026-06-23T23:22:39Z2026-06-23T23:22:39Zcustodial interference, where one parent prevents the other from having the full time they’re allowed to have with their child under the terms of their custody order
Unfortunately, sometimes adults who share custody of children are not consistent about showing up for their children. They may cancel or regularly shorten their parenting sessions. The other parents affected by those regular cancelations may need to go back to court to ask for a modification that reflects the true division of parenting time.
Why modifications are important
Some people might convince themselves that modifying a custody order due to regular cancelations is petty or spiteful. However, the failure to follow the custody order causes multiple forms of harm.
The children may feel disappointed and even rejected when one parent cancels. The other parent, meanwhile, cannot depend on the other parent taking responsibility for the children. They may encourage child care expenses or face career and social setbacks because of canceled parenting time.
Traditionally, a custody order that does not accurately reflect the division of parenting time can deprive one parent of the child support they deserve. The amount of overnight time each parent has with the children influences financial responsibility for the children.
Documenting canceled sessions, being flexible about makeup parenting time and pursuing a modification to correct a custody order are all appropriate reactions to canceled parenting sessions. Updating the custody order may be beneficial -- especially when canceling becomes a pattern. Those facing child custody complications may need help navigating the legal system and ensuring their custody order accurately reflects their family circumstances.]]>On Behalf of Dinnebier & Demmerle<![CDATA[Custodial interference: An introduction]]>https://www.dd-familylaw.com/?p=481672026-06-15T14:00:07Z2026-06-15T14:00:07Zcustodial interference.
Refusing to make an exchange
One of the most obvious examples of custodial interference is when one parent refuses to turn over their child for the other parent’s designated time. Both parents are obligated to follow their child custody schedule at all times. Even if there is an external dispute, such as a disagreement over child support obligations or house rules that parents need to enforce, they generally cannot refuse to exchange custody.
Missing important deadlines
In other cases, even though a parent does not directly refuse to make an exchange, they consistently miss deadlines. They are always late for the exchanges. This can have a very negative impact on a child's life, and it certainly violates the other parent's custody rights because they have less time to spend with their child.
Issues with contact
Finally, custodial interference can sometimes involve how one parent contacts their child. A parent may try to unreasonably limit online contact or phone contact with the other parent. Or, even though the other parent has custody, they may show up unannounced and try to visit the child during that custody time.
Seeking a resolution
These are just three examples of many potential types of custody issues that could arise in re: custodial interference. Parents who find themselves in a conflict need to know what legal steps they can take. Seeking legal guidance is a good way to benefit from informed clarity.]]>On Behalf of Dinnebier & Demmerle<![CDATA[Can a prenup waive spousal support?]]>https://www.dd-familylaw.com/?p=481662026-06-02T10:59:33Z2026-06-02T10:59:33ZWhat does California law say about waiving spousal support?
A spousal support waiver is only enforceable in California if specific conditions are met. The party giving up the right to spousal support must have independent legal representation at the time of signing. Without this separate representation, the waiver is unenforceable. Both parties must also sign the agreement voluntarily and fully understand what they’re agreeing to.
The law also requires both sides to be completely honest about their finances before signing. This means you must share information about your income, assets and debts. Without full transparency, a court may later reject the waiver. California takes these requirements seriously to protect both parties.
Can a court override a spousal support waiver?
Even if a prenup looks perfect on paper, California courts can still refuse to enforce a spousal support waiver. If a judge determines the waiver is unconscionable at the time enforcement is sought, they may set it aside.
Unconscionable means grossly unfair based on the circumstances at the time of divorce. What seemed fair when you signed the prenup may become unfair years later due to changed circumstances. A court can also reject the waiver if the prenup was signed under pressure or fraud.
Should you include a spousal support waiver in your prenup?
Deciding whether to waive spousal support requires careful thought about your financial future. Consider the earning potential of both parties. Think about whether one person plans to stay home to raise children. A spousal support waiver might make sense if both parties have stable careers and similar incomes.
You should also plan for potential life changes. Career interruptions, health issues or caring for family members can affect financial stability. These factors may make spousal support important later. Understanding how a waiver impacts your long-term security is essential before you sign any prenuptial agreement.
Understanding your rights before you sign
Talking about prenups does not mean you doubt your relationship. It means you are being thoughtful about your future. Prenups also involve deeply personal financial decisions. If you are considering a prenuptial agreement, review both your current financial situation and potential future circumstances.]]>On Behalf of Dinnebier & Demmerle<![CDATA[How co-parents can handle discipline]]>https://www.dd-familylaw.com/?p=481642026-06-02T07:23:44Z2026-06-01T16:37:17ZDiscipline is a crucial part of raising a child. It provides the routines and boundaries necessary to help them feel secure, develop responsibility, understand the consequences of their actions and build self-control. But how can parents handle discipline when raising a child in two homes?While discipline itself is generally the same whether you are raising a child under one roof or between two homes, how it’s executed can differ. Here is how co-parents can handle discipline:
Maintain consistency in the two homes
It helps if your child follows the same rules in both homes, because adapting to different expectations in each can be confusing. You and your co-parent should agree on bedtimes, chores, homework expectations, screen time limits, safety guidelines and appropriate language. Then, employ them in both homes.A unified front on core boundaries benefits your child and your co-parenting. You may not agree on everything, particularly if you have different parenting styles. However, it’s crucial to maintain consistency on core, non-negotiable boundaries.
Communicate
You should inform each other about a mistake your child makes. If they return home past their curfew, lie, get in trouble at school and so on, communicate it. This way, you can agree on a disciplinary action and ensure it’s observed in both homes. For instance, if your child is grounded for two weeks while in your home, this should continue after the transition. Accordingly, they can understand that the consequences of their actions will remain effective regardless of which parent they are with.
Don’t underestimate each other
If you disagree with a disciplinary action, for example, you don’t believe a mistake warrants grounding for two weeks, do not criticize your co-parent in front of the child. Discuss it privately to find common ground.The good cop/bad cop dynamic in co-parenting is never healthy. You and your co-parent can take certain steps to successfully raise a responsible child without either of you having to be “the bad guy” in the situation. ]]>