Divorce
San Mateo Divorce Lawyers
“Sometimes a good outcome is very clear – getting a restraining order against an abusive spouse, or getting spousal support against a spouse who’s hiding income. Other times, a good outcome is far more nuanced. Our California divorce clients typically have a lot at stake. Without fail, our best outcomes, our biggest wins, come about for two reasons: only one side did the work, and negotiation mastery is our strong suit. A big, big part of both is deeply understanding the people involved and what makes them tick.”
Amy Laughlin | Founder & Partner, Laughlin Legal
An Important Distinction in Terms by Another Respected San Mateo Divorce Lawyer
Caitlin Ashton, Partner at Laughlin Legal, explains “One of the questions we’re most frequently asked is: what’s the difference between divorce and complex divorce?
Divorce refers to the legal dissolution of a marriage contract between two people. At Laughlin Legal, our objective is to dissolve the contract while preserving the client’s financial wealth and often, access to their children as well. That goes for all divorces.
Complex divorce is also the legal dissolution of a marriage contract, but it involves a high net worth couple, in other words, two people whose income and assets are substantially higher than average, often leading to more property to discover, untangle and divide. Though every divorce has long term consequences, high asset divorce has a significantly more complex financial component and far more complex long term consequences as a result. Fortunately, complexity suits us. Our firm has very successfully negotiated many high asset, high stakes divorces and custody cases in California.”
“It’s always important to choose counsel with experience, but in the area of complex financials, choosing a divorce lawyer with expertise in high finance is essential,” says Laughlin
As a former big law, white collar securities litigator in Silicon Valley, defending C suite executives, their company and board of directors when they were being sued for securities fraud, Amy Laughlin, Founder & Partner at Laughlin Legal, brings an unmatched depth of experience to these cases. “No one knows this world like I do. And that’s a tremendous advantage for our high net worth divorce and child custody clients,” says Laughlin.
“If I had to reduce it to one thing that significantly sets one divorce lawyer in San Mateo apart from another it’s negotiation mastery,” adds Laughlin.
Negotiation is both an art and a science that most litigators believe they’re good at it. But until it’s studied and practiced and perfected, that’s anecdotal. Whether in the mediation room or the courtroom, there’s no substitute for finely honed negotiation skills. All Laughlin Legal’s attorneys are perpetual students of negotiation and litigation tactics, and Amy Laughlin has received a Mastery in Negotiations from Harvard Business School Online.
Interviewing divorce lawyers in San Mateo? Where do you start?
Even for people who work in a legal field, it can be difficult to know how to assess divorce attorneys. And California has far more divorce attorneys to choose from than any other state! With the added pressure of knowing that your decision may be highly consequential, one that will impact the rest of your life, your partner’s life, and the lives of your children, making that choice can be overwhelming.
“First and foremost, it’s crucial to choose a team of San Mateo divorce lawyers who you feel comfortable with,” insists Ashton.
More specifically, lawyers who return your call, share your values, and make you feel heard and engaged. Divorce lawyers as skilled at listening as they are at advising. One quality that many high asset divorcing couples fail to consider is a lawyer or divorce law firm that provides a high touch resolution of complex divorce matters. That’s how successful people getting divorced in California continue to be successful people in life post-divorce.
“If you’re party to a divorce in San Mateo, you want to choose a divorce attorney that is equal parts hi-touch and hi-tech,” offers Laughlin.
Like most things, all law firms are on a spectrum. On one end, you’ve got the factory firms. They run on volume. Client in, client out, bill, bill, bill. On the other end of the spectrum, you’ve got firms like Laughlin Legal. Laughlin continues, “To us, every client is a one-of-a-kind individual who deserves a personalized solution. We offer clients the unusual pairing of hi-tech with hi-touch, unusual but harmonious, bringing together cutting edge tech solutions to streamline cases and make room for timeless personalized client service. Family emergencies are every bit as urgent as medical ones. Wherever you are, whether you’re in Silicon Valley, the Bay Area, outside California, or even outside the US, you’ll get my cell phone number so you can always reach me, and the whole team will be with you every step of the way.”
“Hiring a private judge is such an under-utilized alternative to public court for a divorce in San Mateo,” shares Ashton.
The post-pandemic backlog of court cases in California waiting their turn to be heard has made it especially challenging to resolve disputes quickly and efficiently. Divorce cases are no exception. An alternative is hiring a private judge to hear your case. Both parties agree to retain a neutral person as a private judge, often a former judge, who’s available to hear your case promptly. Speed of resolution is an advantage to private judging, and yet another is the ability to choose a judge with expertise in the practice area of the dispute.
“Mediation can dial down the bitterness by introducing a neutral third party. Whenever feasible, divorcing couples should consider private mediation with a San Mateo divorce lawyer,” recommends Laughlin.
Private mediation is currently surging in California and across the US. As it should be. When compared to the cost and lingering acrimony of litigation, mediation is a brilliant place to start. It permits couples to negotiate in private, outside of the public court setting, and ultimately exercise greater control over the outcome of their divorce. Collaborative law is a second alternative to litigation practiced at Laughlin Legal.
Laughlin Legal is a team of accomplished, top rated divorce attorneys, and some of the best divorce lawyers in San Mateo, Silicon Valley and the San Francisco Bay Area.
Terminology
In California, legal separation requires the services of a divorce lawyer and addresses all the same issues as divorce regarding asset division, custody, and support, but the couple remains married though living separate and apart.
Complex asset & business division in California is the process of determining the status of the assets, then dividing them up equitably between the divorcing spouses. There are generally two categories of assets. Marital assets are those accumulated over the duration of the marriage.
Since California is a community property state, each spouse is entitled to half of all marital assets. Marital assets are those that are acquired after a couple got married but before legal separation or divorce.
Non-marital assets, called Separate Property in California, are assets acquired either before the marriage or after legal separation, or gifts and inheritances acquired during the marriage. Be warned: assets aren’t the only thing considered to be marital. Debt, too, can be divided and shared.
Taxes and Accounting issues can be a significant consideration when determining asset division. For instance, claiming children as dependents, or capital gains tax from selling a property.
Spousal support or maintenance formerly known as alimony, is what one spouse may be ordered to pay to the other spouse. In California, even recipients of spousal support have an obligation to attempt to become self-supporting within a reasonable period. This is one of the most contentious aspects of divorce and it’s essential to work with an experienced San Mateo divorce lawyer and spousal support lawyer to achieve a fair resolution.
Child custody refers to the determination of how the parents divide the rights and responsibilities of taking care of their child or children. In California, every case begins with the presumption that joint custody is in the best interest of the child. A good San Mateo divorce attorney and child custody lawyer will tell you there are two types of custody, legal and physical, and advise you on the best options for gaining or retaining custody of your child or children. The legal custodian makes important decisions for the children and their welfare. The physical custodian lives with the children more than 50% of the time.
Child support in California is calculated using a statutory or guideline formula that considers parents’ gross income from all sources, number of children, amount of time children spend with each parent, tax filing status, and special needs of the children. When a parent refuses to pay child support, a San Mateo divorce lawyer and child support lawyer either seeks an order for child support or holds the ex-spouse legally responsible for inadequate or missing payments.
Temporary orders are orders issued by the court – such as temporary child custody orders or temporary spousal support orders – before the case goes to trial to establish boundaries and maintain the family’s status quo until a final divorce and/or custody agreement is entered and approved by the court.
In California, LGBTQ+ same-sex divorce couples have the same divorce rights as any couple, and there may be special considerations with parental and property rights.
Domestic violence, though prevalent in California, is often difficult to prove in part because abusers can be stealthy but also because physical violence is just one of many forms. For instance, it’s challenging to prove verbal abuse without witnesses. Victims of abuse who work with an experienced San Mateo divorce lawyer / domestic violence lawyer will find they’re often successful at obtaining restraining orders.
What’s the best way to resolve a divorce dispute in the Bay Area?
Laughlin Legal’s divorce attorneys in San Mateo are skilled at the three primary approaches to resolving a divorce dispute.
Mediation is a strategy that provides the couple with a neutral third-party mediator to help them resolve issues and reach a final settlement agreement. It is typically faster and less expensive than litigation provided both couples are willing to negotiate and compromise. Laughlin Legal’s San Mateo divorce attorneys are also skilled mediators providing divorce mediation services to our clients.
Litigation is the approach taken when a couple either won’t or can’t resolve their issues out of court. Each partner retains a divorce attorney to advise and represent them as they try to reach a final settlement agreement. If they cannot, they turn to a judge to resolve the dispute for them in court.
Collaborative law is where each partner hires a collaborative lawyer to represent them, help them resolve their issues, and reach a final settlement agreement. Both partners and both lawyers sign an agreement to authentically pursue a collaborative resolution and not pursue litigation during the collaborative process. Though it’s typically faster and less expensive than litigation, it’s more expensive than mediation because it requires that both parties hire lawyers.
Case Story
A Complex Divorce Client In Their Own Words
“Found them on Google search. I interviewed other attorneys. It’s an important decision and my case was complicated enough that I wasn’t going to just go off a website. I chose them for a couple reasons. I was ideally interested in someone whose offices were fairly local, didn’t want to go up to San Francisco. Also, I had a lot to sort through financially and saw that Amy was experienced with complex divorce. She impressed me with the range of cases she worked on, I felt she ‘got’ my situation. And it was a positive that she was a woman. A woman’s perspective and the perception of my then-partner would be a plus.
The experience surpassed my expectations. It was mediated so we managed to stay out of court. Amy provided really good counsel. I felt confident in her expertise. She was aggressive when needed and flexible when needed. I felt a high level of competence. Their working style was very important to me. Other thing, too, I only half joke about this but being a family law attorney is also part therapist, the ability to help me be centered throughout the process was important.
Their team approach was important. Both good thought partners and that’s important for me. I don’t just outsource stuff, I like to think things through. Not all attorneys like that. Caitlin was able to step in and help out on a couple of issues. I used Caitlin for the prenup because she’s really good. She did a really good job.
Responsiveness is key. Other attorneys I’ve worked with have hard boundaries – after 5 or on the weekends? Not available. When Amy was on vacation she still called in. That was great. And Caitlin made herself available nights, weekends, and I really appreciated that.
These cases can be frustrating. They helped me successfully navigate two fairly tricky marital situations, divorce and prenup, neither of which was easy and do it in a way that got good solutions. They did a great job.
Flexible, responsive. Put in a good fight. Focused on trying to get things done. Not trying to run up the fees. I’ve recommended them.”
ANONYMOUS
Breach of Fiduciary Duties in California Divorce: What Are the Consequences of Hiding Assets During Divorce?
California Family Code Section 2104 requires all divorcing couples to disclose to one another under penalty of perjury all of their income, assets, and liabilities within sixty days after filing
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If you’re looking for an accomplished San Mateo divorce lawyer, complex divorce lawyer, child custody lawyer, child support lawyer, spousal support lawyer, domestic violence lawyer or adoption lawyer in San Mateo, Silicon Valley, or the San Francisco Bay Area, let’s talk. We can help. Call us at 650.343.3486 or email us here.
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Whether you’re considering divorce or already in the process, you may have some basic questions…
Q How does Divorce generally work in CA?
Q What’s the difference between a Divorce and Legal Separation?
Q What does the “best interest” standard mean in custody cases?
Q Is it possible to successfully divorce a narcissist?
…and while we can’t offer legal advice or address specific individual situations, we’ve got some answers.
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The FOREFRONT A divorce & family law blog
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