Gumm & Green, LLP, Attorneys at Law Gumm & Green, LLP Attorneys At Law | Westlake Village, California Lawyers 2026-05-14T11:33:33Z https://www.gummandgreen.com/feed/atom/ WordPress /wp-content/uploads/sites/1302374/2019/10/apple-touch-icon-75x75.png On Behalf of Gumm & Green, LLP, Attorneys at Law <![CDATA[5 misconceptions about gray divorce]]> https://www.gummandgreen.com/?p=48611 2026-05-14T11:33:33Z 2026-05-14T11:33:33Z Myth 1: You will not find many people divorcing after 50 Divorce at this stage can feel isolating, but you are far from alone. The divorce rate for adults 50 and older has doubled from 1990 to 2010. It has since stabilized, but remains significantly higher than in previous decades. Today, gray divorce accounts for about a quarter of all U.S. divorces.

Myth 2: You will always get alimony

If you earn less than your spouse, you may assume long-term alimony is automatic. This may not always be the case. In California, for marriages of 10 years or more, the court generally retains jurisdiction over spousal support (meaning it may be ordered, modified, or continued without an automatic end date). However, support is not automatic and it may still be set for a limited term depending on the facts, like your age, health, earning capacity or marriage length.

Myth 3: You will divide everything 50/50

You might think every asset gets divided 50/50. It may not always be that simple. In California, the total value of what you built together during the marriage must be divided equally. However, that doesn't mean each item gets cut in half. The court decides which assets each spouse keeps so the overall value comes out equal.

Myth 4: You cannot touch retirement savings in a divorce

You may believe your 401(k) or pension is off-limits in a divorce. It usually is not. A qualified domestic relations order (QDRO) is typically used to divide ERISA-qualified employer retirement plans (like many 401(k)s and pensions) and may award a share to a former spouse. Government or military plans may follow different rules.

Myth 5: You will never recover financially

Divorce should not mean lifelong hardship. You could rebuild by reworking your budget or downsizing. Proper legal guidance and a sound financial plan can help keep your financial independence. Divorce may be life-changing, but it should not define your future. With the right information, you can protect your finances and your peace of mind, even after your marriage ends.]]> On Behalf of Gumm & Green, LLP, Attorneys at Law <![CDATA[5 ways establishing paternity protects a father-child bond]]> https://www.gummandgreen.com/?p=48609 2026-03-04T12:31:44Z 2026-03-09T11:18:27Z establishing parentage for California fathers.

The right to seek custody and visitation

In California, an unmarried father has no legal right to custody or visitation until he establishes parentage. Once the state legally recognizes you as a parent, you gain the standing to ask the court for a formal parenting plan. This allows you to secure a consistent schedule to spend time with your child and ensures the court protects your bond. Without this legal foundation, the mother can legally decide to limit your contact with the child or even move away without your consent.

A voice in major life decisions

Establishing parentage allows you to ask the court for custody. While it is the first step, you must then obtain a specific court order to exercise your rights. Once you have that order, you gain an equal say in major choices for your child, such as:
  • Choosing which school or daycare the child will attend
  • Consenting to medical, dental or mental health treatments
  • Determining the child's religious upbringing and activities
Legal parents work together to ensure the child’s best interests are met in every major transition. Being a recognized father ensures you are not a bystander as your child grows and reaches important milestones.

Access to family benefits and health insurance

Once you obtain legal recognition as a parent, your child becomes eligible for the various benefits you may have through your employer or the government. You can add your child to your health, dental and vision insurance plans to ensure they receive proper care. In addition, it secures their future eligibility for Social Security survivor benefits or veteran’s benefits. These resources provide a vital safety net for your child’s health and financial stability.

Securing inheritance rights

Legal parentage creates a direct path for your child to inherit your assets, property and finances. If you do not establish parentage and you pass away without a will, your child may face long and difficult legal battles to claim what is rightfully theirs. By taking action now, you protect your legacy and secure your child’s financial future. This provides lasting peace of mind that your hard work will one day benefit your family.

Providing a complete family medical history

Knowing a child’s full medical background is essential for their preventative health care and long-term well-being. When you establish parentage, your side of the family’s medical history becomes part of your child’s official record. This information helps doctors identify potential genetic risks and provide the most accurate medical treatments as your child grows. Sharing this history is one of the most practical ways you can protect your child’s health for years to come.

Ensure you don't miss any legal deadline or paperwork

The process of establishing parentage in California often involves specific state forms, such as the Voluntary Declaration of Parentage or navigating a court case. Missing a deadline or incorrectly filling out these documents can lead to delays or the loss of important legal protections. It's important to be proactive when it comes to securing your role in your child's life. It can prevent complicated legal challenges in the future, such as difficult court battles to prove your identity as a parent or losing the chance to influence your child’s upbringing.]]> On Behalf of Gumm & Green, LLP, Attorneys at Law <![CDATA[6 financial red flags to look out for during a divorce]]> https://www.gummandgreen.com/?p=48607 2026-01-09T08:37:11Z 2026-01-09T08:36:04Z Divorce often clouds judgment with intense emotion. You need a clear head to protect your bank account and your future. California community property laws dictate how spouses divide their shared lives. Missing a financial red flag today often leads to decades of regret.

Ignoring tax consequences 

People often split assets by dollar value alone. A hundred thousand dollars in savings differs significantly from the same amount in a retirement account. Always calculate the net value after taxes. The government eventually claims a portion of most retirement funds.

Forgetting the QDRO 

If your settlement involves splitting a pension, you need a Qualified Domestic Relations Order. This specific legal document ensures the plan administrator pays you directly and without it, you might face heavy penalties or lose your claim to the funds.

Overvaluing the family home 

Many individuals fight to keep the house for emotional stability, but high property taxes and maintenance costs can quickly drain a single income. Ensure you can afford the mortgage and insurance before you sign the agreement.

Overlooking commingled assets 

You might think a pre-marital inheritance remains yours. If you deposit those funds into a joint account, California law often treats them as community property. Keep your separate wealth in distinct accounts to maintain individual ownership.

Neglecting shared debt 

California applies community property rules to debt too. Even if your spouse incurred credit card charges, creditors may still pursue you. Your settlement must clearly assign debt responsibility. You may want to close all joint accounts immediately.

Skipping life insurance 

If you receive alimony, you depend on your former spouse. If they pass away, your support payments vanish. Secure these payments by requiring a life insurance policy. This protects your income if the unthinkable happens.

Guarding your financial independence 

Settlement mistakes usually stay final. California courts rarely reopen cases once a judge signs the judgment. A skilled attorney ensures you identify these traps before they lock you into a bad deal. They could find the loopholes that you might miss during this emotional transition.  ]]> On Behalf of Gumm & Green, LLP, Attorneys at Law <![CDATA[Why gray divorces are on the rise: Trends and statistics]]> https://www.gummandgreen.com/?p=48606 2025-11-21T17:52:40Z 2025-11-21T17:52:40Z Why the upward trend for gray divorces? You may be one of the many couples deciding you want a different next chapter. People are living much longer and healthier lives today. Increased longevity makes many older spouses less willing to endure an unfulfilling marriage for another decade or two. Many simply want to pursue happiness on their own terms for the years ahead. Here are three leading reasons for gray divorces:
  • The "empty nest" effect is a significant factor. Once children leave home, spouses can lose their primary shared identity as parents. Many couples then realize they have grown apart, feeling more like roommates or strangers than partners.
  • The financial independence of women also plays a significant role. Modern women often have greater career success and financial security than previous generations. Economic autonomy gives them the means to leave an unhappy relationship without fearing financial disaster.
  • Finally, reduced social stigma makes divorce more accepted. Society no longer pressures couples to stay together just for appearances, allowing them to prioritize their well-being.
These powerful societal forces, along with other reasons, allow many individuals to redefine their lives and relationships later in life.

Impacts on families and finances

A gray divorce brings complexities that younger couples rarely face. The separation involves dividing community property, which consists of assets and debts accumulated during many years of marriage. It can include complex assets, while separate property (assets owned before marriage or acquired by gift/inheritance) is retained by the owning spouse. However, division of commingled assets may require extra steps, such as financial tracing. You must also address the intricate division of retirement accounts, such as 401(k)s and pensions. However, it is essential to note that federal law governs Social Security benefits, which are not divisible as community property in California. This challenging transition also has an emotional impact on the extended family, including your adult children and grandchildren, who may feel strain as the family structure shifts.

Seeking guidance for the next chapter

A late-life divorce is a significant life transition that requires careful planning due to the complexities involved. The importance of skilled legal representation is to ensure the equal division of community property and address other financial and familial issues to secure a stable future. Looking ahead, you have the opportunity to build the next chapter of your life with confidence and peace of mind.]]> On Behalf of Gumm & Green, LLP, Attorneys at Law <![CDATA[How can you maintain a healthy relationship with your child during a custody battle?]]> https://www.gummandgreen.com/?p=48605 2025-09-12T14:27:47Z 2025-09-12T14:27:47Z A custody battle can be emotionally challenging for both parents and children. While the process may be overwhelming, prioritizing your child’s emotional well-being is essential. Below are eight strategies to help maintain a strong, healthy relationship with your child during this difficult time.

1. Maintain open, honest communication

Encourage your child to express their feelings and create a space where they feel comfortable sharing. This fosters trust and ensures they feel heard.

2. Stick to established routines

Children thrive in structured environments. Keeping daily routines—such as meals and bedtimes—predictable provides stability during uncertain times.

3. Prioritize your child’s emotional needs

Custody battles are stressful for children. Offer reassurance, comfort, and support. Remind your child that both parents love them and that they are not to blame.

4. Refrain from speaking negatively about the other parent

Avoid criticizing the other parent in front of your child. Negative comments create confusion and emotional strain, forcing your child to feel torn between both parents.

5. Stay involved in your child’s life

Show up for important events like school functions and extracurricular activities. Your presence demonstrates that your child’s well-being is a priority.

6. Be patient with your child’s emotions

Children may express confusion or frustration. Give them the time and space to process their feelings without rushing them.

7. Support a positive relationship with the other parent

Encourage your child’s bond with the other parent, even if it’s difficult. Supporting this relationship helps provide emotional security.

8. Prioritize your own emotional well-being

Parenting through a custody battle is exhausting. Take time to care for your emotional health through counseling or talking to trusted friends, so you can better support your child. Maintaining a healthy relationship with your child during a custody battle requires effort and patience. By focusing on their emotional well-being, you help them adjust and feel supported.]]> On Behalf of Gumm & Green, LLP, Attorneys at Law <![CDATA[Weighing divorce? Why legal separation might be a better fit]]> https://www.gummandgreen.com/?p=48604 2025-08-01T15:26:25Z 2025-08-01T15:26:25Z You want protection without finalizing a divorce If you are already living apart or thinking about it, legal separation gives you a way to create boundaries that actually hold. You can ask the court to issue orders around custody, financial support and who stays in the home: the same issues you'd deal with in a divorce, but without dissolving the marriage. That means you don't have to sit in limbo or rely on verbal agreements. You can get legal protections in place now, even if you are still figuring out where things are going.

You need to keep financial or personal benefits

Divorce can trigger immediate losses, like health insurance coverage, tax filing status or eligibility for certain retirement or military benefits. If you rely on those, legal separation might help you hold on to them. Staying legally married while living separately can also line up better with your personal or religious values if divorce feels too final. While benefits can still shift over time depending on your specific situation, separation gives you more flexibility to weigh your options before everything changes.

You're not emotionally or practically ready to divorce

You may know things aren't working, but that doesn't mean you are ready to end it all. Maybe you are still in counseling, maybe the timing isn't right or maybe you are just trying to get through a difficult chapter without making a permanent call. Legal separation gives you room to pause and breathe, not by ignoring what's happening, but by putting a legal structure in place so you can protect your interests while taking the space you need. That pause can be useful, as long as it doesn't turn into a long-term state of uncertainty you don't want to stay in.

If you're stuck in the middle, that's a place to start

You don't have to rush toward a decision you're not ready to make, but you do need to protect yourself in the meantime. If divorce feels too final, but staying in the gray area leaves you unprotected, legal separation can give you structure while you sort things out. Talking with a family law attorney can help you get clear on what this option looks like in real terms, so you can take a step forward that fits your life right now.]]> On Behalf of Gumm & Green, LLP, Attorneys at Law <![CDATA[How is cryptocurrency split in divorce?]]> https://www.gummandgreen.com/?p=48601 2025-05-28T13:55:12Z 2025-05-28T13:54:40Z You must disclose your cryptocurrency investments Because cryptocurrencies are still relatively new and their digital nature makes it difficult to trace, they might be easy to overlook in a divorce. But if you own cryptocurrency investments, you have a duty to disclose them as you would any other asset in a divorce. Both you and your spouse have a duty to disclose all assets and liabilities in divorce. While locating and valuing cryptocurrency may be difficult due to the lack of paper trail, you should never assume that your spouse or a court will not locate it. If your cryptocurrency investments are located and a court determines you intentionally withheld them from your spouse, you could face sanctions from the court. Courts sometimes penalize a spouse for hiding assets by awarding the other spouse a higher share of community assets. Alternatively, if you believe your spouse is intentionally hiding cryptocurrency investments, you have options for locating them. Forensic accountants are developing their skills and knowledge with locating cryptocurrency investments and there are even “crypto hunters” who focus on locating lost, hidden or stolen cryptocurrency.

Community and separate property

California is a community property state. This means that everything you and your spouse acquire during your marriage is considered community property and subject to equal division in a divorce. There are some exceptions to this rule, including gifts or inheritances that either of you received separately. Everything else is generally community property. Separate property is not divided in a divorce. Separate property is anything you or your spouse owned prior to marriage that was kept separate during your marriage. Separate property that mixes with community property becomes community property and is subject to division. A common example of mixing is using cash from a bank account you held prior to marriage to make a down payment on a home that you purchase with your spouse. Using cash from the bank account converts it to a community property asset that you must divide with your spouse if you divorce.

How courts treat cryptocurrency

When it comes to cryptocurrency, California courts treat it the same as physical currency, such as cash. The challenge is that it is easier to place a value on cash than on cryptocurrency. Cryptocurrency is typically considered a volatile asset, meaning its value can change frequently. For purposes of asset division, courts usually use the value of the cryptocurrency on the date your divorce was filed, rather than the date your divorce is finalized. The goal with valuing cryptocurrency, as with any other community asset, is to find its fair market value. Once all cryptocurrency is located and valued, it should be split equally with other community assets.]]> On Behalf of Gumm & Green, LLP, Attorneys at Law <![CDATA[What should you do with assets of sentimental value in divorce?]]> https://www.gummandgreen.com/?p=48600 2025-04-08T05:47:19Z 2025-04-08T05:47:19Z community property, meaning that the marital estate should be divided evenly. Yet, there are ways to negotiate a resolution that works for you and your spouse without resorting to the court figuring out how to evenly divide your estate. While dealing with these purely matters can be incredibly stressful, some individuals are just as concerned with what will happen to items of sentimental value in their divorce. This is understandable given the emotional attachment to these assets, which is why you need a solid plan for how to address them in your marriage dissolution. If you try to improvise your strategy, then you could lose the assets that are most important to you.

How should you handle items of sentimental value in your divorce?

There are several options here, but you have to know how to competently navigate your case if you want to stand a chance of securing the outcome that’s most important to you. Amongst your options are:
  • Finding ways to replicate the asset in question: If you’re able to copy or otherwise reproduce the asset in question, then you might have an easy solution, since this will allow you and your spouse to continue enjoying the asset in question even after your divorce is finalized.
  • Using other assets as leverage: There’s a chance that your spouse is attached to other assets in your estate. If so, then you might be able to use them as leverage to secure the asset in question. This might take some strategy on your part, since you’ll have to be able to anticipate what it is that your spouse really wants.
  • Consider whether splitting the asset is an option: Some marital assets can be divided in a way that makes sense and allows you and your spouse to continue to enjoy it even after your marriage dissolution is finalized. This might include splitting time with the asset or physically dividing it.
  • Developing sound legal arguments: Depending on the facts of your case, you might be able to simply argue in court that you deserve the asset in question. You might have to prove wrongdoing on your spouse’s part, but there are ways to craft compelling arguments that may position you for the outcome that you want.
While securing assets of sentimental value may be important to you, don’t let them blind you to the importance of other key assets. For example, you don’t want to give up your interests in retirement accounts to secure an asset of sentimental value, thereby leaving you without the financial stability that you need in the long-term. Also, consider whether you can use items of sentimental value to secure a larger portion of the marital estate, thereby giving you a stronger foundation upon which to build your post-divorce life.

Develop the divorce legal strategy that’s right for you

We know that addressing the various divorce legal issues before you can be stressful. But don’t let the process leave you paralyzed with fear to the point that you miss out on key opportunities to secure the outcome that you want. With proper preparation, you can succeed on in your divorce, building the post-divorce life that you want for yourself. To learn more about how to do that, fully discuss the matter with your attorney.  ]]> On Behalf of Gumm & Green, LLP, Attorneys at Law <![CDATA[How to handle parental alienation in your custody case]]> https://www.gummandgreen.com/?p=48598 2025-01-23T22:59:39Z 2025-01-23T22:59:39Z The basics of parental alienation Parental alienation occurs through manipulation. Here, one parent morphs the child’s beliefs about the other parent to damage the bond and overall relationship between the child and that other parent. There are many ways that this alienation can occur, too. An alienating parent might:
  • Feed the child false information about the other parent.
  • Inform the child of intimate details of the parents’ relationship.
  • Disparage the other parent while in the child’s presence.
  • Schedule fun activities at a time when the child is supposed to spend time with the other parent to create a desire in the child to stay with the alienating parent and present a poor image of the other parent.
  • Create false memories in the child that negatively portray the other parent.
This alienation can be so severe that it crosses the line into a form of child abuse. Therefore, if you suspect that your child has been manipulated, then you need to figure out how to prove it in court.

How can you gather evidence of parental alienation?

Fortunately, you probably have a lot to work with when it comes to proving parental alienation. Looking for any of the following could give you the legal arguments needed to effectively demonstrate that parental alienation is in play in your case:
  • Your account of your child’s unjustified and harsh criticism of you and your extended family members.
  • Communications with the other parent that demonstrate their desire to drive a wedge between you and your child.
  • Testimony from family, friends and acquittances who can attest to your relationship with and bond to your child.
  • Social media posts showing how the other parent talks about you in a way that your child can see.
  • Accounts of how the other parent has tried to block you from seeing, spending time with and communicating with your child.
  • Your lack of access to your child’s medical, schooling and extracurricular activities and records.
The court will be receptive to a parental alienation argument so long as you give it the evidence needed to see the complete picture. So, as you prepare to head into your custody dispute, be as thorough as possible in looking for and securing evidence. Use the discovery process to your advantage here by deposing key witnesses and requesting helpful documents.

Protect your child’s best interests

Ultimately, the court will be tasked with making a decision that’s in your child’s best interests. Therefore, even though it’s easy to get caught up in personal attacks against the other parent, you really need to tie that evidence into its effect on your child. So, as you navigate your custody dispute, carefully think through how you can frame it as supporting your child’s best interests. If you’d like to learn more about how to do that, then please continue to read our website.]]> On Behalf of Gumm & Green, LLP, Attorneys at Law <![CDATA[Four issues to address in a California gray divorce]]> https://www.gummandgreen.com/?p=48597 2024-11-22T19:37:09Z 2024-11-22T19:37:09Z gray divorce. Here are some that you’ll want to be ready to address in your case:
  • Spousal support: Getting divorced later in life can leave you in a precarious financial position. You might not have the training and experience needed to obtain employment significant enough to maintain the marital standard of living, which can leave you facing financial woes after your divorce is finalized. So, you’ll want to develop strong legal arguments for spousal support so that you have the resources needed to build the next chapter of your life.
  • Retirement accounts: If you’re divorcing in your 50s, 60s or older, then your retirement assets are going to be key to financial stability. And if you lose a significant amount of those assets, then you probably won’t have time to rebuild them. So, as you navigate your gray divorce, be prepared to advocate for your half of the retirement accounts in accordance with California’s community property laws.
  • Insurance: Purchasing a health insurance plan on the open market can be expensive, especially when you’re older. If you’re not careful, you could wind up in that position in your gray divorce, particularly if your coverage is under your spouse’s plan. As you navigate your divorce, then, be sure to bake the costs of your anticipated insurance costs into your settlement negotiations.
  • Property division: The older you are, the more assets you and your spouse are likely to have. Under California law, you should be entitled to half of those assets, but you could miss out on the property that you deserve if you fail to conduct a thorough inventory or if you fail to identify when your spouse has hidden assets from you. Again, if you’re not diligent in protecting your interests here, then you could put yourself at a financial disadvantage as you move into the next phase of your life.

Don’t be at a disadvantage moving into your life after gray divorce

There’s a lot at stake in your gray divorce. If you rush the process, as many people are tempted to do, then you could miss key opportunities to set yourself up for success in the next chapter of your life. Fortunately, with a little bit of preparation you can appropriately advocate for your interests, thereby providing yourself with ample protection moving forward. So, whether you anticipate being able to resolve your divorce through settlement negotiations or if you think you’ll have to sort out your divorce legal issues through litigation, now is the time to start developing your legal strategy and gathering the evidence needed to advance your position.]]>