My dog, Lyle, comes to work with me almost every day. I need to walk him so he gets exercise, and I need a break from my office a few times a day. Therefore, we head out on the sidewalk in downtown San Rafael or at our office in San Francisco near North Beach and walk around.

Both of my offices are purposely in great places for walking around. 

And I think about my cases as I walk around. Jude Basile, one of the finest trial lawyers in the country, told my class at the Trial Lawyers College in 2012 that some of his best ideas come to him when walking or hiking and thinking about a case. I stole the idea from Jude.

My most creative ideas come when walking around. I can digest the case, narrow the issues, think about how to be creative with discovery or trial presentation, practice voir dire, or an opening or closing. Plus, it invigorates me when I return to work on a case.

The idea of being outside and walking around triggering creativity has been studied and backed by science.

In 2024, Stanford University researchers released a study that found walking boosts creative inspiration, increasing a person’s creative output by an average of 60 percent.

Take advantage of walking and creating to help your clients win.

 Paul Nathan, Esq. is a trial and litigation attorney based in Northern California who generally works as co-counsel with other lawyers on their cases. You can reach Paul’s office at 415-635-0411.

Amnesia following a mTBI is common even if your client denies any amnesia.  The reason is that they may not know that they experienced amnesia after their injury.

Step 1: Ask your clients:

1.    What is their first memory before the crash?
2.    What is their first memory after the crash?
3.    Do you know how much time has passed between their first memory before and their first memory after?

These questions will give your insight into whether your client suffered post-traumatic amnesia.

Step 2:  Talk to your client's friends and family.

The best way to learn if your client still suffers memory loss, aka amnesia, is to ask their family and friends if they have noticed anything different about the client.

Often, they notice much more about memory loss than the client.

Post Traumatic Amnesia often manifests itself with memory loss and a change in character.  Confusion, agitation, distress, and anxiety are common—or aggression or bouts of crying.

It is always a good idea to ask your client's family and friends if they have noticed any memory problems or changes in personality following your client's mTBI injury.

Contact our office if you'd like a consultation concerning your and your client's brain injury case and how to convey a compelling message to a judge or jury.
415-341-1144

Opposing counsel started arguing with our arborist. I was delighted to watch a one-sided sparring match with my expert dominating opposing counsel.

Do not do this. Do not argue with an expert. You will most likely lose. They are the expert, not you.

I have had many personal injury cases where I know the defendant’s medical experts are coming up with utter bullshit opinions to support the defendant’s contention that my client was not injured.

If I even depose the doctor, I take down their opinions at deposition, but that is for another post. I do not argue with the doctor because I am not a doctor and will not help win the case. Arguing with experts generally makes you look difficult or just stupid, like the opposing counsel in the deposition I recently defended.

Melvin Belli was the only lawyer I know of to get into the cage, argue with a doctor, and win because he knew more about the medicine than the testifying opposing expert.

Therefore, refrain from arguing with experts or risk losing credibility with the jury.

Contact our office if you have a trial coming up with contentious experts.

Her husband, Babak Broumand, is a retired FBI agent who was one of the top counter-terrorism agents in the FBI. He has been indicted for corruption related to his not declaring gifts from a government snitch while acting as the FBI handler for that snitch.

Now, the government is attempting to extort his wife by charging her with an unrelated mortgage fraud charge. Their goal is clear, to scare Mrs. Broumand into turning on her husband. The government has gone too far with its frivolous indictment and Paul Nathan intends to prevail at trial.

Put Your Child’s Needs First

While all children benefit from a stable home environment, some children with ASD need the structure and routine of a stable home life in order to function outside the home. However, this is no reason to stay in an unhappy marriage. An unhappy home full of tension and stress can be just as upsetting to a child with ASD as a divorce. With careful planning, you can provide your child with the support he needs, even in the midst of a divorce. Consider how to maintain an environment with the following important criteria:

• Consistency. Your child with ASD needs to know that the things he depends on are not going to change. Keeping the same school, therapists, social skills programs, friends, recreational activities, and other aspects of his life will be important.
• Calm. Many children with ASD are sensitive to noise and chaos. Too much stimulation can be upsetting, so it is a good idea to keep discussions that could escalate into arguments out of the turf home. If the child will be living in two houses, each must be equally calm.
• Routine. It will take time for your child to adjust to a new routine, which is why it is vital that you establish a schedule that will not change from day to day. If both parents can’t commit to a strict routine, shared custody might not work.
• Stability. It’s possible that the best situation for your child is one that does not require him to move between houses. This could mean you try “nesting”—where the parents move in and out of the family home and the children stay put—or that one parent maintains physical custody 100 percent of the time.

In order for a custody arrangement for a child with ASD to work, both parents have to be fully committed to the plan. If your ex-husband’s past behavior tells you that he will not be able to uphold his side of the agreement, you might want to insist on sole physical custody from the beginning. If, on the other hand, you need his help in order to manage your child’s special needs, an airtight custody order that is enforced by the courts could be your best friend.

In addition to a solid custody plan, you will need to take expenses related to your child’s ASD into account when making a child support demand, including the possibility that more therapy and intervention may be needed to help your child adjust to the changes.

Divorce Is Stressful Enough—Get Our Help With a Special Custody Order

Raising a child with special needs can be stressful. In fact, parents with these children have a higher divorce rate than those who don’t have children with special needs. As a firm that only represents women in divorce, we understand that mothers of children with ASD have important concerns. You can trust us to put your and your child’s needs first. Contact us to discuss divorce and custody in our Marin County office.

Economic or Financial Abuse: This is abuse when your access to your finances is controlled solely by your husband. Putting you on an allowance is a form of economic abuse. Taking your income is another. Telling you that you cannot look for a job, keeping you from working, or not allowing you to seek or further your education are further examples of economic/financial abuse. Taking out credit cards or lines of credit in your name fits into this category of abuse.

Many women who come to our office have never seen the full scope of their finances because their husbands had control of the finances. This is not acceptable. This is your money too.

Coercive Control in Divorce

Just this past January the law changed to include the term “coercive control” as a form of abuse that requires protection through the issuance of a domestic violence restraining order. Economic and Financial Abuse is a form of coercive control.

Contact our office to schedule a consultation with Mr. Nathan, a Marin County divorce lawyer exclusively representing women in divorce, custody, support, and abuse cases at 415-635-0411.

Recently, I had a dispute Covid custody dispute go to court. Father was angry that mom was driving to Sacramento with the parties daughter to visit grandmother, the mother’s mother.

Father argued that Sacramento was unsafe due to higher number Covid-19 infections than Marin County.

The judge was not convinced. You, as your child’s mother, are given the benefit of the doubt to do what is in the best interests of your child during Covid. Do not let the father scare you into believing he knows what is right during Covid.

Contact our Marin County Child Custody Attorneys if you are finding yourself in a similar situation at 415-635-0411.

What Makes a Prenup Unenforceable in California?

In general, prenups drafted by experienced family lawyers are going to be legally sound and enforceable during the divorce proceedings. However, whether the prenup was drafted to protect you, your husband, or both of you equally, it could be invalidated if any of the following are true:

• One party claims to have signed the agreement under duress.
• One party hid assets from the other at the time the agreement was made.
• The original contract contains falsified information, invalid provisions, or unfair terms.

These kinds of things are only likely to happen if you have a do-it-yourself prenup or worked with a lawyer who was unfamiliar with California family law and these kinds of legal documents. If you believe your prenup is valid and your husband is claiming there is a reason to void it, you need to talk to a lawyer. Likewise, if your husband is trying to enforce an unfair or invalid prenup, a lawyer can protect your rights.

Make Sure Your Prenup Gets Done Right

When done right, a prenup can eliminate a lot of the stress involved in getting married, particularly if it is a second or late-in-life marriage. At Nathan Law Offices, our team of professionals will work with you to draft a legally enforceable prenuptial agreement. We can also answer questions about existing documents and will help you protect your rights in a divorce. As a lawyer who only represents women in divorce, we are here for you. Request a free download of our book, 15 Smart Ways Women Can Protect Themselves Before a Divorce, and then call our office to make an appointment.

When Your Unemployed Ex-Husband Claims to Be a Stay-at-Home Dad

Under California law, both parents have a duty to support their children in a manner that upholds their standard of living. The goal is for the children to be able to live in the same kind of house and neighborhood, go to the same kind of school, and have access to the same healthcare after a divorce as they did before. If this means that a previously unemployed parent has to get a job to ensure that the child’s circumstances don’t change significantly, then that might be what the judge will order. In this situation, it doesn’t matter if the stay-at-home parent was the father or the mother.

If your ex-husband tries to claim that he should not have to get a job because he is the primary caregiver, the judge will consider several factors, including:

• Age of the children. School-aged children generally don’t require a parent to be home full time to care for them. If your children are older, you can argue that your ex should return to work.
• Previous employment history. If your ex has a higher earning potential than you, you could argue that it is in the best interest of the children that he earn a salary rather than stay home to care for them.
• Shared duties. If you are awarded joint custody, the expectation is that each parent is working when the other parent has custody. Your ex cannot claim to be a stay-at-home dad when there are no children in his home.

If your ex-husband is making false claims about being the primary caregiver and is refusing to get a job, you and your attorney can make a case to the judge that he should be compelled to go to work and to share custody equally, even if you are working full time.

Full-Time Working Moms Have a Right to Custody, Too

Do not let the fact that you have been the primary breadwinner affect your chance of getting custody of your children. In Marin County, Nathan Law Offices only represents women in divorce. Contact us to learn more about your rights as a working mom.

Your Ex Might Try to Fight You on This

I’ve heard it many times from my clients’ husbands: “The 401k is MINE. I worked all those years, and MY employer matched my contributions.” They think they should be able to walk away from the marriage with the entire 401k. If your narcissistic husband is saying these kinds of things, you need a lawyer to set him straight. Nathan Law Offices has helped clients put an immediate stop to these threats, and we can help you as well.

You Might Not Be Entitled to the Whole IRA or 401k

It’s important to note that only money that was invested in the retirement plan during the years of the marriage is considered to be community property. So, if your husband worked for 10 years before you were married, he is entitled to keep the money he invested during that time. Likewise, he would not be able to get his hands on money you invested before you were married. This can make the separation of assets more complicated, but not impossible.

Follow Up With Plan Administrator

Since we are talking about retirement assets and your ex might be years away from retiring, you will have to file a Qualified Domestic Relations Order with the retirement plan administrator to inform them of how the retirement savings will be divided when your ex is able to withdraw the funds. Our firm can help with this step as well.

Reach Out to Nathan Law Offices Today

If your husband is fighting you on his 401k, he is likely trying to nickel and dime you out of other assets to which you are rightfully entitled. Don’t let him and his attorney steamroll you. Nathan Law Offices exclusively represent women in divorce, and we understand the unique challenges you face. Contact our Marin County office to find out how we can help you.

When Does Posting Insults on Facebook Cross a Line?

When we think of cyberbullying, we often think of kids in middle school or high school. Even as these incidents have escalated to very adult consequences, we don’t think of cyberbullying as something adults engage in. However, if your ex-husband is bad-mouthing you on Facebook or threatening you on Twitter or TikTok, he may be breaking the law. In fact, this kind of harassment could be in violation of California’s domestic violence laws. A few key points to consider:

• You do not have to be currently in a relationship with an abuser to have him charged with domestic violence. Divorced or separated couples meet the criteria.
• Threats or promises to harm someone are sufficient for a domestic violence charge; an actual physical attack does not have to occur.
• Harassing someone and disturbing their peace are considered acts of domestic violence in California.

While there is no specific statute regarding cyberbullying outside of California’s Education Code, making threats, posting private photos, revealing personal information, venting about a divorce or custody settlement, or other harassing behavior by an ex could be considered an act of domestic violence.

What Can You Do About it?

If your life has been disrupted by your ex-husband’s social media attacks, and you are afraid for your safety and that of your children, you can file for a domestic violence restraining order or personal protective order to prevent further threats and attacks. The order can be written specifically to prevent your ex-husband from harassing you on social media, texting you, sending you emails, and more. It might feel like you are going too far by accusing your ex of domestic violence, but in California, that is the mechanism by which you can stop the harassment. You do not have to put up with being cyberbullied by your ex. Contact our Marin County law office to learn more.

What Are the Exceptions?

You have the right to ask the judge to order your ex to pay your legal fees if you would be unable to hire a lawyer otherwise. The California courts recognize the need to level the playing field so both sides can have access to a lawyer. So, if there is an economic disparity between the parties, the judge can order the party with more money to pay the other party’s legal fees. This request is made in writing to the court.

Another exception is in a situation where one party purposely drags out the proceedings, driving up the legal fees. If your ex fails to cooperate with the legal requirements of the divorce, he could be considered by a judge to be acting in bad faith, and he could be ordered to pay your legal fees. Examples of bad faith actions include:

• Making false allegations
• Refusing to negotiate
• Missing meetings and court dates
• Hiding assets
• Failing to turn over documents
• Not completing paperwork in a timely manner

If you can prove to a judge that your ex acted in bad faith and that you owe more legal fees than you should as a result, he could order your ex to pay at least the fees that are in excess of what was expected.

In Marin County, Contact Nathan Law Offices for Help

Divorce is expensive, and you shouldn’t be responsible for paying more because your ex is uncooperative. You are also entitled to the same caliber of representation that he is hiring, even if you can’t afford it yourself. To discuss these and other issues related to your divorce, contact our office today.

Joint Custody Might Be Tricky When There Is No in-Person School

Divorced parents of school-aged children have their custody schedules down to a science. Depending on each parent’s work schedule, they may share school drop-off and pick-up duties and alternate nights for dinner and overnight stays. However, these arrangements are often made around the children being in school for eight hours or more per day. With kids being home and needing support and guidance as they navigate online school, how will divorced parents divvy up the responsibility? It will be important to put these new responsibilities in writing and, if one parent cannot fulfill the original custody agreement, to work out a new arrangement, which may include changing child support payments.

Tips for Effective Online Schooling

Just how hard will it be to monitor a child’s virtual school? Teachers and educational experts offer the following tips for successfully navigating online school from home:

• Limit distractions
• Provide a dedicated space for school
• Maintain a strict schedule
• Restrict screen time when not doing school
• Schedule meaningful interactions with peers and friends

It won’t be easy to follow these suggestions in one home, much less two. You know your ex—will he be able to implement and maintain an acceptable school routine in his home? Will your children be successful doing school in your ex’s home? These are legitimate concerns and should be addressed with an attorney if you think problems will arise as the virtual school year drags on.

Contact Nathan Law Offices for Advice

The keys to a successful child custody arrangement in California are clear expectations and a commitment from both parties to the agreement. When a major life change occurs, agreements also have to change. COVID-19 has definitely caused major life changes for us all. Whether we represented you in your divorce or original custody agreement or not, we are here for you now. Contact our Marin County office to speak to our attorney about negotiating a new custody agreement.

Nesting Can Have Short-Term Benefits

This plan will only work if you and your ex have had an amicable split. If you found it difficult to share space with him while you were married, nesting does not release you from that burden. In order to be economically feasible, families that use this arrangement rent an apartment that each parent lives in when it’s not their turn to be in the family home. That’s a lot of sharing if you don’t get along!

However, if you can make it work, allowing the kids to stay in a familiar environment for a few months after the divorce can provide much-needed stability and help them through the transition. In order for nesting to be a possibility, you will have to:

• Have joint custody of the children
• Maintain co-ownership of the house
• Have a clear understanding of household responsibilities
• Set a date when the arrangement will end, and the family will move on

Experts agree that nesting for more than a few months can be harmful to children, who will begin to think there is a chance their parents will reconcile and move back in together. It also makes it hard for the adults to start new relationships when they are sharing an apartment with their ex, even if they are not actually living there together.

Nesting in the Coronavirus Era

While the concept of nesting is not new, it may offer some solutions to the parenting challenges presented by the COVID-10 pandemic. If children are unable to be in school and have to do online school from home, it could make life easier to keep them in one place. If one parent is a healthcare worker or is in another risky profession, he or she could use the shared apartment to sanitize before seeing children. However, if the stress of the pandemic is already putting a strain on the relationship between the ex-spouses, sharing a home is probably not a good idea.

Your Lawyer Can Help You Find a Solution

If you and your ex agree that you want to give nesting a try, it is a good idea to talk to your lawyer about making the arrangement legal. Whether Nathan Law Offices represented you in your divorce or not, we can help you with a change in custody arrangements or any other issues you might have. Contact our Marin County law office to discuss your options.

Further, a separation or divorce is likely in order if your husband is verbally or physically abusive.

Additionally, you should not be subjected to continuous harassment by your husband. For example, he should not be following you around the house for hours on end, texting or emailing you numerous times, hurling insults at you. This is not acceptable.

Do not hesitate to contact our office for a consultation for Mr. Nathan's honest opinion as to whether divorce is best for you at 415-635-0411.

Mr. Nathan will give you the pros and cons of seeking a divorce and give you his opinion on whether you are a good candidate for divorce or not.

Does it Have to Be This Way?

California handles child support payments this way so that the parent owing child support cannot avoid paying what he owes, and the children don't suffer. Because payments are deducted before he gets paid, child support is guaranteed for as long as he is employed. However, the process does involve a middle man and compromises your privacy, so it might not be the ideal arrangement for you. If you and your ex can agree on a payment plan and you trust that he will follow through on payments, you can ask the court for a "stay" of the wage assignment. If the court grants the stay, parents will handle the payments between them.

This option is not available if the Local Child Support Agency (LCSA) is involved in your case. The LCSA will be involved if one of the parents is getting public assistance for the child or the child is in foster care. You can also get help from the LCSA to get child support even if you are not on public assistance. While you can ask the LCSA to issue a stay of a wage assignment, it is not likely that they will grant it.

How a Family Law Attorney Can Help

If you have a child support order that you would like to modify in some way, including putting a hold on or setting aside a wage assignment order, contact the Marin County attorneys at Nathan Law Offices to discuss your options. We will draw on our many years of experience to offer advice that protects you and your children after a divorce or separation.

What to Do Before Leaving an Abusive Marriage

Your relationship and the situation you are in are unique to you, so not all of these actions will apply to you, nor may they all be safe for you to take. However, it’s important to consider every possibility when planning to leave someone who may react violently. We recommend taking these steps as a starting point:

• Open a bank account and post office box in your own name.
• Get a cell phone contract in your own name.
• Change passwords on all of your individual accounts, including social media.
• Make copies of important documents, such as the lease or deed to your home, birth certificates, passport, insurance papers, car registration, etc., and leave them with a trusted friend.
• Secure a place to go, whether that means renting an apartment or staying with a friend or family member.
• Leave money and extra clothes, keys, and medications with someone you trust in case you have to leave suddenly.
• File for a restraining order against your spouse if you believe there is an immediate reasonable threat to your safety.

If you have not already filed for divorce, you might want to discuss your options with an attorney who will be able to offer additional advice for leaving your marriage while protecting yourself and your children.

Call the Nathan Law Offices for the Reliable Advice You Need

You are not required to hire a lawyer to handle your divorce in California, but when you feel that your safety and the safety of your children is at risk, an attorney can provide peace of mind. When you choose to work with attorney Paul Nathan, you can be sure that he will be there through the entire process to handle paperwork, disputes, and answer any and every question or concern you may have. If you need to get out of an abusive marriage in San Francisco or Marin County, contact the Law Offices of Paul H. Nathan for a consultation by filling out our contact form on this page.

How Does California Law Protect Victims of Spousal Abuse?

In a divorce proceeding in which one spouse was convicted of domestic violence, California’s Family Code protects the victim in the following ways:

• The injured spouse cannot be ordered to pay spousal support to the convicted spouse.
• The injured spouse will not be ordered to pay any of the divorce legal fees of the convicted spouse.
• The court may determine that the injured spouse is entitled to up to 100 percent of the community property interest in her own retirement and pension benefits.

However, a convicted abuser can claim that, despite his criminal history, he is deserving of spousal support. The burden of proof will be on him, and the injured spouse can rebut his claim with a preponderance of the evidence.

What Does This Mean for Your Divorce?

If you are the victim of domestic abuse and your husband thinks you owe him spousal support, you need an experienced Marin County divorce lawyer in your corner to rebut his claim. While abusers have to work pretty hard to prove they deserve alimony from the woman they victimized, you will still have to provide evidence to counter his claim that he deserves your financial support. He may claim that he has paid enough for his crime, that he has been rehabilitated by therapy, or that you were equally abusive to him. He may also claim that he was a victim of child abuse and deserves special consideration. As your advocate, we will help you argue against these assertions to preserve your income for yourself and your children.

Rely on Our Alimony Lawyer in Marin County

At the Law Offices of Paul H. Nathan, we exclusively represent women in divorce and alimony cases, and we are strong advocates for victims of marital abuse. Many factors are considered when awarding alimony, and we would be pleased to speak with you about your spousal support situation in Marin County. The family court system in Marin County and San Francisco is complex and confusing. You should not have to handle an alimony fight with an abusive husband on your own.

From: Verna A. Adams, Supervising Judge, Marin Unified Family Court Re:  Family Law Guidelines  during COVID-19  Court  Closure

Due to the COVID-19 Pandemic,  all schools in California are closed for an extended period to reduce the transmission  of the virus.  The American Academy of Matrimonial  Lawyers and The Association of Family and Conciliation Courts have published helpful guidelines for parents during the pandemic.

The goal of these recommendations is to encourage parents to follow existing custody orders as closely as possible, to ensure a level of consistency and stability that is in the children's best interests.

The Marin Unified Family Court expects parents in all cases to follow the guidelines set forth below:

Denial of Parenting Time

COVID-19 is not a reason to deny parenting time. Unless otherwise ordered by the Court, parents are considered fit to care for their children and make decisions regarding the day-to-day aspects of parenting while the children are in their care. This day-to-day care includes following state and local directives regarding social distancing and sanitation-related measures (such as frequent hand-washing).

Definition of Spring Break, Summer Break/Vacation or Holidays

While schools are closed, parenting time shall continue as if the children are still attending school in accordance with the school calendar of the relevant district. "Spring Break", "Summer  Break/Vacation", or other designated holidays,  means the regularly calendared breaks/vacations or holidays in the school district where the children are attending school  (or would attend school if they were school-aged). The closure of the school for public health purposes will not be considered an extension of any break/vacation/holiday period or weekend.

Supervised Parenting Time 

All supervised visitation is to be conducted virtually via videoconferencing or by telephone.

Remote Learning

During the suspension of classroom learning, parents are to follow the remote learning guidelines that are issued by the relevant school districts, including changes districts make to the school calendar.

Safety-Related Issues

Our first responders and law enforcement must remain available to true emergencies and for support related to the COVID-19 Pandemic. Do not call them for parenting-related disputes but rather only in case of real, immediate,  and significant safety-related reasons.

Transparency

Parents are encouraged to communicate about precautions they are taking to slow the spread of COVID-19. However, a parent is not permitted to deny parenting time based on the other parent's unwillingness to discuss their precautionary measures taken or a parent's belief that the other parent's precautions are insufficient.

Call an Experienced Marin County Child Custody Lawyer

The Law Offices of Paul H. Nathan exclusively represent women in divorces and are particularly sensitive when it comes to cases involving violence and abuse. Paul Nathan and his staff will fight hard to make sure you receive the custody and support you're hoping for. Call us today at 415-341-1144 to schedule a consultation.