What is the difference between Legal Custody and Physical Custody? In California, your custody agreement should address both.

Legal Custody refers to who has the right and responsibility to make decisions for the minor child(ren) related to health, education, and welfare. Physical Custody refers to who the child(ren) lives with most of the time, and therefore makes most of the child(ren)’s day-to-day decisions.

Rather than have a judge who does not know you, your spouse, or your child(ren), decide how much time you spend with your child(ren) and who makes important decisions for them, you can utilize Mediation to take control of this issue and decide together what is best for your child(ren)  — after all, parents know their child(ren) better than anyone and truly hold their best interests in mind.

Lea M. Nemeth, PC’s Mediation services are dedicated to helping you find an amicable resolution to your family law issues - saving you time, money, and unnecessary stress. Book your consultation today.

Summary Dissolution is a specialized process created to simplify divorce proceedings in very limited cases of short-term marriages (i.e. less than 5 years) in California. This process allows parties to bypass the standard divorce proceedings, which can be lengthy and costly, by simply completing and filing a handful of forms.

Parties seeking to file for Summary Dissolution are perfect candidates for Mediation because the process necessitates collaboration. A qualified mediator can assist in assessing whether the you qualify for Summary Dissolution, prepare the required paperwork to be jointly filed, as well as facilitate thoughtful negotiations regarding division of property.

Lea M. Nemeth is dedicated to helping you achieve the best possible outcome for your particular circumstance. Book a Consultation today to learn more about how Mediation can benefit you and your loved ones.

The “cooling off” period refers to the mandatory wait time before parties can terminate their marital status after the Petition is served on the Respondent. These mandatory waiting periods can vary greatly from state to state. In California, that waiting period is 6-months.

Couples who use Mediation have more control over their divorce timeline and can potentially move through the process more quickly to reach a final Judgment, making it possible you will have a final Judgment prepared and ready to file ahead of the 6-month “cooling-off” period lapsing.

Lea M. Nemeth, PC is dedicated to helping you achieve the best possible outcome for your particular circumstance. Book a Consultation today to learn more about how Mediation can benefit you and your loved ones.

Santa Clara County has recently updated the manner in which they can send Court Issued Notices.

If you are self-represented in your meditation and wish to receive court issued notices via email (rather than via mail), Lea M. Nemeth, PC can assist you in preparing and filing the appropriate form for the same.

Lea M. Nemeth is dedicated to helping you achieve the best possible outcome for your particular circumstance. Mediation can, in part, create a lower stress environment to move through your case, and that may include streamlining receiving your Court Issued Notices via email. 

Book a Consultation today to learn more about how Mediation can benefit you and your loved ones. 

When filing for divorce in California, both parties are automatically bound by Standard Family Law Restraining Orders (SFLROs). These orders aim to maintain stability during the divorce process. They restrict actions such as removing minor children from the state, making changes to insurance policies, or transferring property without consent or court approval. And they typically remain in effect until the final judgment is entered or the case is dismissed.

While these orders can feel restrictive, they aren’t a penalty—they simply help preserve the status quo. However, those using Mediation for divorce might experience a quicker resolution, allowing for the potential lifting of these orders sooner and greater control over their assets.

You can utilize Lea M. Nemeth, PC’s mediation services to find an amicable resolution to your family law issues - saving you time, money, and unnecessary stress. Book your consultation today.

What is the Date of Separation? California Family Code § 70 defines this legal term as the date which one spouse expressed to the other their intent to end the marriage and that spouse’s conduct thereafter was consistent with their intent to end the marriage - even still, it can be difficult to nail down an exact date. This date, however, can have a great impact on your divorce.

Rather than have a costly and intrusive trial that examines the very intimate details of your relationship and personal life, you can utilize Lea M. Nemeth, PC’s mediation services to find an amicable resolution to your family law issues - saving you time, money, and unnecessary stress. Book your consultation today.

California offers two options for couples wishing to end their marriage, Legal Separation and Divorce. These processes are nearly identical with ONE important distinction. Learn more about the difference here to decide which option is best for you and your family.

Regardless of which path you choose, you can utilize Lea M. Nemeth, PC’s mediation services to find an amicable resolution to your family law issues - saving you time, money, and unnecessary stress. Book your consultation today.