Bartholomew & Wasznicky LLPBartholomew & Wasznicky LLP Law Firm | Sacramento Attorneys | California Lawyers2026-06-15T22:30:16Zhttps://www.divorcepage.com/feed/atom/WordPress/wp-content/uploads/sites/1103108/2021/06/cropped-Bartholomew-Site-Icon-min-32x32.jpgOn Behalf of Bartholomew & Wasznicky LLP<![CDATA[The Out of Court Divorce]]>https://www.divorcepage.com/?p=548312026-06-15T22:30:16Z2026-06-15T22:30:16ZCollaborative Divorce Process
The collaborative process is a structured alternative to traditional divorce litigation. Rather than asking a court to decide disputed issues, the spouses work through negotiations with trained professionals to reach agreements on matters such as children, finances, property division, bills, support, and custody. The process requires communication, cooperation, and a shared goal of reaching a resolution that meets both spouses’ needs. Collaborative divorce allows you and your spouse to move forward in a positive. cooperative way with a mutual goal of finding a resolution that meets both of your needs.
A key structural feature is that each spouse has counsel committed to the collaborative process. Each party works with their own attorney, and those attorneys sign contracts committing to the collaborative process. If the process, for some reason is unsuccessful, parties agree to find new representation for litigation.
Key Benefits of The Collaborative Divorce Process
There are several valuable benefits to engaging in the Collaborative Divorce Process such as:
Avoiding Court: The process allows spouses to avoid court, which many characterize as being intimidating or traumatic for many couples.
Control Over Outcomes: Spouses, with their professional team, retain more control over the outcome instead of relying on a judge to make major family decisions. Using the collaborative practice approach, you are in control of the outcome of your case, in conjunction with your spouse and the trained team of professionals assisting you.
Improved Cooperation and Communication: In contrast collaborative divorce fosters and encourages cooperation and communication, as opposed to traditional litigation, which very frequently leads to years of acrimony, anger, and bitterness.
Potential Cost Savings: Although engaging in this divorce process does not promise a fixed cost, but does greatly assist in managing emotions, reducing conflict, improving communication, and avoiding secrecy or game-playing which ultimately can reduce the expense of divorce. Collaborative divorce helps couples manage the emotions that arise in a divorce and help to communicate effectively which also reduces conflict and results in couples saving money overall.
Potential Timing Advantages: In collaborative divorce, you control the pace of the process, unlike a conventional divorce that is litigated in the court system, where you must fit into the court's schedule, which often involves continuances when the court schedule is overcrowded.
The Team
Aside from the benefits listed above, as the Collaborative Divorce Process is a team-based process the potential team members are, Collaboratively Trained Attorneys which each spouse will have, Financial Professionals such as accountants or other financial professionals who will assist in asset appraisal, support calculations, any hidden-assets concerns, and complex or substantial assets of the parties, Child Specialist who focuses on the child or children advocating for custody agreements that reflect the child’s best interests, and Divorce Coaches for each party who will provide emotional, communication, and settlement-related support.
Taken together, the Collaborative Divorce Process is a cooperative, professionally supported alternative to litigated divorce. This process helps to reduce conflict between spouses, preserve more control of the wants of the parties, addresses legal and emotional issues together, and work toward a durable family-focused agreement when both parties are willing to participate constructively.]]>On Behalf of Bartholomew & Wasznicky LLP<![CDATA[What are the conditions for modifying California custody orders?]]>https://www.divorcepage.com/?p=548052026-05-05T13:23:51Z2026-05-08T13:21:35ZDefining the threshold for order modifications
While every family is unique, California courts typically recognize a few catalysts for modification:
Relocation: A parent planning to move away can significantly impact the other parent’s ability to maintain a relationship with the child.
Parental availability: A permanent shift in a parent’s work schedule can prevent them from spending time with their child during their parenting hours.
Changes in a child’s needs: A child may have new educational requirements or extracurricular activities that make the old parenting schedule impossible.
Criminal activity: A parent’s negative behavior may no longer align with the child’s best interests.
Even if your life has changed, the judge will only grant the modification if the new arrangement is better for the child’s health, safety and welfare.
Planning your next steps for success
Regardless of the changes in your life, California law requires you to prove them in court. This includes the burden of showing evidence why an order modification will benefit your child’s best interests. These and other factors in the process can be complex.
Having a clear strategy and organized documentation is vital. Seeking legal counsel from a child custody law attorney can give you the guidance you need.]]>On Behalf of Bartholomew & Wasznicky LLP<![CDATA[Can a new relationship affect custody or support?]]>https://www.divorcepage.com/?p=548022026-04-06T12:22:55Z2026-04-09T12:22:05ZWhen a new relationship may affect your case
A new relationship will not automatically change custody or support, but certain situations may bring it into focus:
Changes in your child’s routine or stability
Introducing a new partner too quickly
Tension between your new partner and your co-parent
Moving in with a new partner or changing homes
Financial changes from shared expenses
Not every relationship becomes relevant in a legal sense. The question is whether it affects your child’s well-being or creates conflict that interferes with parenting.
How a new relationship may affect custody
California courts decide custody based on the child’s best interests, with close attention to stability, safety and each parent’s ability to meet the child’s needs.
A new relationship on its own will not harm your custody position. Courts do not judge parents for dating, but they will consider how the relationship shows up in the child’s daily life. Issues may come up if it introduces instability or ongoing conflict, such as repeated moves or tension during exchanges.
If your home remains consistent and your child feels secure, the relationship may have little impact on the court’s decision.
How a new relationship may affect child or spousal support
Support is handled differently from custody and centers on finances rather than parenting.
For child support, a new partner’s income usually does not count. California bases support on each parent’s income and time with the child. In some cases, reduced living expenses may factor into the broader financial picture.
Spousal support can shift more directly. If you begin living with a new partner, the court may view your financial need differently, which can lead to a review or adjustment.
Taking the next step with care
Starting a new relationship after separation is a personal step, but it can influence how your situation develops over time.
In most cases, the relationship itself is not the issue. What tends to matter is whether it supports a stable, low-conflict environment for your child and allows both parents to stay focused on the child’s needs. Approaching this stage with care can help reduce tension and keep things on a more constructive path.
]]>On Behalf of Bartholomew & Wasznicky LLP<![CDATA[Is child support taxable in California? 3 critical myths for 2026]]>https://www.divorcepage.com/?p=547782026-03-26T05:43:55Z2026-03-25T19:38:57ZMyth 1: child support payments are tax-deductible
This is a frequent and costly misconception. Under federal and state law, child support is an adjustment to net income, not a deductible expense.
In reality, you will pay child support out of your "after-tax" income. Whether you pay $500 or $5,000 a month, you cannot subtract these payments from your gross income to lower your tax bracket. The IRS considers fulfilling your financial obligation to your child a non-deductible personal responsibility.
Myth 2: receiving child support will increase your tax bill
If you are the custodial parent receiving support, you might worry that these funds will push you into a higher tax bracket or trigger an unexpected bill in April. However, child support is not considered earned income, so you do not report it on your federal or state tax returns. Because these funds are legally viewed as belonging to the child’s upbringing rather than the parent’s personal wealth, they are exempt from income tax.
However, you should be wary of “unallocated family support." In the past, lawyers combined alimony and child support for tax advantages. However, following federal tax reforms, modern decrees must clearly segregate these payments to avoid unintended tax consequences for both parties.
Myth 3: Paying support will automatically grant you the Child Tax Credit
Many non-custodial parents believe that providing the majority of financial support entitles them to the tax benefits associated with the child. However, the IRS applies a residency test rather than a financial support test. By default, the parent with whom the child resides for more than half the year (the custodial parent) is entitled to claim the child as a dependent.
If the custodial parent agrees to waive the credit, they must sign IRS Form 8332. A California court order stating you may claim the child is not enough for the IRS, but without the signed federal form attached to your return, your claim will likely be rejected.
Defending your financial interests
Understanding the intersection of California family law and federal tax codes is essential. A single error in how your support order is drafted can lead to years of IRS audits or lost tax credits. Contact an attorney if you have questions about these processes.
]]>On Behalf of Bartholomew & Wasznicky LLP<![CDATA[How can you tell your teenagers about divorce with dignity?]]>https://www.divorcepage.com/?p=547102026-03-06T08:19:44Z2026-03-11T07:18:58ZPresenting a united front
Even if you and your spouse don’t agree on anything else, you must appear present and united for this talk. Children spot tension or blame easily, which often forces them to feel they must choose a side. Research from the Child Mind Institute suggests that parents should align on key talking points beforehand.
Keep the conversation respectful by:
Stating clearly that you both decided to divorce as a mutual, adult decision
Reassuring them that this change is not their fault and has nothing to do with their behavior
Explaining that while living arrangements will change, your love and commitment to them remain permanent
Sharing an honest, age-appropriate reason for the split without sharing "gritty" adult details
A unified front shows your teen that your role as a parenting team remains intact. By taking this approach, you prove that you value their peace of mind over any personal grievances.
Address your child’s concerns
Your teenager’s world likely revolves around school, sports and social circles. Their first questions usually focus on how this shift affects their daily routine and autonomy. Be prepared to discuss who drives them to soccer practice or how they will spend their weekends.
California law grants teens 14 or older the right to address the court regarding custody, unless a judge finds it detrimental, meaning they have a statutory right to be heard. While you may not have every answer today, providing a sense of what stays the same offers them vital stability.
Listen to their frustrations and validate their feelings without becoming defensive. These conversations provide the framework your children need to cope with their changing world.
Forge a respectful path forward
You and your co-parent set the tone for your family’s future. Prioritizing unity and dignity regarding parenting decisions reduces family tensions as you handle other complex legal matters related to property and support.
Skilled legal guidance protects your rights and manages technical details, allowing you to remain a steady support system for your children. A fair legal framework creates space for everyone to heal and thrive. An experienced attorney helps simplify this transition, letting you move into your next chapter with confidence.]]>On Behalf of Bartholomew & Wasznicky LLP<![CDATA[The ‘date of separation’ dilemma: Why 1 day can cost you thousands]]>https://www.divorcepage.com/?p=547082026-02-05T08:27:13Z2026-02-10T08:25:57ZWhat prompted a change in California law?
For a brief period following a 2015 court ruling, California spouses were required to live in separate residences to prove they were truly separated, creating a massive burden for families in high-cost areas like Sacramento who couldn't afford two rents immediately.
Fortunately, the law changed on Jan. 1, 2017. Under California Family Code Section 70, the state recognizes that you can be "separated" while still living under the same roof, allowing you to prioritize financial stability or co-parenting without sacrificing your individual property rights.
The two-step test: Intent and action
To establish a firm date of separation, you must meet a specific two-part test required by the state. First, you must express your intent to end the marriage to your spouse.
Second, your conduct must consistently reflect that intent. You cannot just think about leaving; you must communicate it and live it. Common ways to demonstrate this conduct include:
Moving into a separate bedroom or area of the home
Opening individual bank accounts and redirecting your paycheck
Clearly telling your spouse, ideally in writing, that the marriage is over
Ending joint social obligations, family vacations or "acting" as a couple in public
Establishing these boundaries early is vital because it creates a clean "cutoff" for your finances. Without these clear markers, your spouse could argue that the marriage continued longer than it did, potentially entitling them to a share of your post-separation income.
Document your new reality
Protecting your future requires a proactive approach. Start by saving emails or texts where you discussed ending the relationship. Update your emergency contacts, mailing addresses and beneficiary designations for financial accounts.
These small steps create a vital paper trail that supports your chosen separation date. Having skilled legal guidance ensures you manage these statutory requirements while safeguarding your property rights and preventing costly disputes during the division process.]]>On Behalf of Bartholomew & Wasznicky LLP<![CDATA[California community property rules in divorce]]>https://www.divorcepage.com/?p=547052026-01-08T12:55:27Z2026-01-13T12:54:56ZCalifornia law controls how you divide assets and debts in a divorce. Understanding these rules helps you predict what you may keep and what you may need to share.
What community and separate property mean under California law
California Family Code § 760 treats most property you acquire during marriage as jointly owned by both spouses. The law calls this community property. It does not matter which spouse earned the money or whose name appears on the account. Separate property includes assets you owned before marriage and anything you received as a gift or inheritance. You must show where separate property came from to keep it separate. If you mix separate property with marital funds, a court may classify some or all of it as community property.
How characterization affects division
California courts divide community property equally unless you and your spouse agree to a different outcome. Courts first determine the value of each asset before dividing anything. Judges usually value homes, retirement accounts and businesses close to the trial date. When an asset contains both separate and community funds, courts divide it based on timing and available records.
Common fact patterns you should know
California courts focus on financial timelines instead of assumptions about ownership. How and when you acquired or paid for an asset often matters more than whose name appears on the title. Before a list, note these typical scenarios courts evaluate:
House purchased during marriage: Community property.
Pre-marital home with marital mortgage payments: Part separate, part community.
Inheritance kept in a separate account: Separate property if you can trace funds.
Retirement account with pre- and post-marriage contributions: Split by contribution periods.
Debt incurred during marriage: Community debt unless specific exception applies.
These examples show why timelines and records can change your outcome.
Some next steps one can consider
You do not need a trial to obtain a court order. You and your spouse can reach an agreement and ask the court to approve it. Because tracing assets, valuing property and dividing retirement accounts can involve technical rules, consulting a family law attorney can help protect your interests and ensure proper documentation. ]]>On Behalf of Bartholomew & Wasznicky LLP<![CDATA[Holiday Hopping: From Co-Parenting to Merry & Bright]]>https://www.divorcepage.com/?p=547032025-12-18T00:13:20Z2025-12-22T17:42:10ZThe upcoming holiday season can be one of anxiety, and uncertainty when it comes to sharing the children with the other parent during the holidays, when in the past you may have always celebrated the holidays together as one family. After a divorce or separation, many parents are left wondering what it will be like for the children and for themselves.
We as parents want to remember that we have the ability to make the holiday season a special and happy time of year for our children. There are things that we can do as parents to ensure this and possibly make it a little less difficult for our own emotions and the children’s emotions.
Share and Share Alike!
If a divorce or separation has occurred, there may be orders that the court has put into effect regarding any parenting and visitation time. This may include a rotation between parents each year as to what day they will have the child/children. It is important to follow any existing orders made by the court. If parents can come to an agreement regarding the holidays, for example, by rotating which parent will have the children on Christmas Eve and Christmas Day each year can be a good thing for the children as they will be able to celebrate with each parent during the holiday season and continue to create beautiful memories.
Communication is King!
Although spending each day during the holiday with only one parent can be difficult for a child as this is a break from what they have been used to in celebrating together as one family. One way to minimize the effect of the new norm and to alleviate some of the difficult feeling associated with not spending the holidays as one family unit as before, you can provide an opportunity for the children to speak with the other parent, via FaceTime, Skype or simply over the phone.
Can there be a Truce?
Most families have created traditions when it comes to celebrating the holidays. It is greatly suggested that we as parents try to find a way to incorporate these traditions in the holiday celebrations to give the children a sense of normality. For example, if possible, engage in shared time for present opening, to include the parent who may not have the children, on a day, such as Christmas morning. This may provide a wonderful and particularly special experience for the child/children if the parents can ensure a healthy environment during such a time.
Don’t Rub Me the Wrong Way!
Although it is hopeful that parents, after divorce or separation, can be amicable, the realization is that it may be a very difficult time in coming together after going through the process of ending the marriage or relationship. It is important to remember that the holiday season brings with it its own unique stress that can exacerbate the already negative emotions a parent may have against the other parent who is an Ex. The trick is to put your full focus on what is best for the child/children to ensure they will not suffer during a time that is meant to be happy and joyful. In doing so, you will be making your children the biggest priority and this will in turn reduce the conflict that can arise due to a shared custody arrangement during a time that is most important to your family.
Bend the Knee and Be Flexible!!
Both parents should agree to a specific time of year to confer regarding the upcoming holiday season. Coming together to agree on holiday schedules each year can be very beneficial and prevent some of the issues that may come up close to the holidays that cause conflict between the parents, regarding where and when the children shall be with one or the other parent. Further, this type of agreement and flexibility early enough in the year provides knowledge of each parents plans long before the child/children will be inquiring about it. These are just a couple of suggestions that can help with the holiday hopping from parent to parent during the holidays, making it merry and bright for the children and ultimately for the parents as well. We here at [nap_names id="FIRM-NAME-1"], would like to wish you and your family a healthy and happy holiday season!]]>On Behalf of Bartholomew & Wasznicky LLP<![CDATA[Can’t We All Just Get Along? A Study on Collaborative Divorce, and Benefits to Parties]]>https://www.divorcepage.com/?p=547012026-03-24T10:49:39Z2025-12-18T18:27:39ZTraditionally, parties whose marital relationship that has broken down sometimes results in either or both parties filing for a divorce action. In most, but not all such actions, historically have been actions of contention and distress for the parties, and any family members who are associated with the action. The contentions and distress lead to parties litigating the action that leads to an extreme divide between the parties, and has a consequence of financial strain or excess, and parties who want to win by having the last say on what each party deserves.
What if there was a way to come to an amicable agreement that would facilitate each party possibly gaining their fair share of community property, and meaningful resolutions to issues such as child custody, and other agreements that may be in the party’s best interest? One option is to go through a Collaborative Divorce Process. The Collaborative Divorce Process originated in 1990 with an attorney from , MN by the name of Stu Webb. This option can foster mutual respect between the parties instead of hostility as they go through the divorce process, allowing meaningful decisions to be made in the best interest of all parties without the traditional war and the high cost of litigation that may ensue after a divorce filing. This option is a voluntary, non-adversarial process in which parties work with specially trained attorneys and neutral experts that will assist the parties to move toward a mutually agreeable good faith settlement without having to litigate their action in court. Two authors, Randy J. Heller, PhD., LMFT and Adam B. Cordover, J.D., M.A. wrote an article titled the “Statistics on Collaborative Divorce in Florida”, which gave some insight on the collaborative process, its successes in Florida, and implications overall from a survey conducted between 2014 through mid-2024, that analyzed 299 responses submitted. The different types of matters that were reported during the survey were 93% as divorce related actions. The collaborative process can be beneficial in other areas under the umbrella of family law other than just divorce actions. Out of 299 submission the success rate 85.1% were concluded with full resolutions on all issues. The other responses concluded with partial resolution, terminated without a resolution, or the parties reconciled or went to mediation. The Collaborative Process is not necessarily simple, as issues of distrust between the parties, infidelity, power imbalances, spousal support and the division of assets being the most substantively challenging matters. Also noted, some parties may not have had realistic expectations regarding the outcome of the process. The team of professionals that would be involved in this process may be comprised of each client being represented by their respective counsel, a neutral financial professional, and mental health coaches that assist the parties to deal with the emotions that inevitably arise during a divorce action. As to the cost of engaging in the Collaborative Process, the survey noted that out of the 217 responses, the implication is that although parties may pay more up-front, there is an opportunity for significant savings overall. The study also showed that demographics of the participants show that not just one particular racial, socioeconomic, or sexual identity engaged in the Collaborative Process. When you choose to engage in the Collaborative Divorce process, you still maintain a confidential relationship with your attorney. All decisions are made by the parties. Collaborative divorce is a perfect solution and alternative to the traditional divorce process by mitigating stressful arguments and lengthy court battles. Parties will have the opportunity to come together to make decisions, and to negotiate resolutions until both parties have a result which they are truly satisfied with. References: Heller, J. Randy, PhD, LMFT, LMHC, and Cordover, B. Adam, J.D., M.A. Statistics on Collaborative Divorce in Florida The Florida Bar Family Law Section Commentator, Vol. XLV, Issue 1 – 2025; pp. 14-19]]>On Behalf of Bartholomew & Wasznicky LLP<![CDATA[How substance abuse affects custody rights in California courts]]>https://www.divorcepage.com/?p=546942025-12-10T09:00:16Z2025-12-15T08:57:44ZSubstance abuse can complicate any custody case. However, it does not automatically determine your future as a parent.
California courts focus on your child’s safety and stability, and they look closely at how substance use affects your daily actions. When you understand what judges weigh in these cases, you can take steps that strengthen your position and support your child’s well-being.
How courts assess substance use in custody disputes
California judges examine patterns rather than single mistakes. They look at whether substance use creates real risks for your child or limits your ability to provide care. They also evaluate your efforts to stay sober and maintain a stable routine.Before a judge decides on parenting time, you should understand the factors that often shape custody outcomes:
How substance use affects your ability to supervise, transport or care for your child
How test results, police reports or other evidence show recent or ongoing use
How past incidents of unsafe driving, neglect or conflict relate to substance use
How you have pursued treatment, counseling or other recovery steps
How you maintain a safe and supportive home environment
These factors help the court see your real-life parenting, not just your past challenges. You can also use them to understand where you may need support.
Ways to strengthen your custody position
You can still secure meaningful parenting time even with a history of substance abuse when you show commitment to change. Ongoing treatment, steady routines and consistent sobriety can shift how a court views your case. Demonstrating responsibility and staying engaged in your child’s life makes a significant difference.
Regaining control of your parenting journey
A substance-related custody dispute can feel overwhelming, but you can take steps to rebuild stability. Demonstrating consistent recovery and responsible parenting helps show the court that your child’s well-being remains your top priority.]]>