Categories
Collaborative Law Divorce Family Law

Chris Pratt and Anna Faris Decide to Legally Separate

After eight years of marriage, actors Chris Pratt and Anna Faris have filed for legal separation. They have one child together.

Chris Pratt and Anna Faris Decide to Legally Separate

The news of Chris Pratt and Anna Fari’s legal separation has been confirmed by the actor’s official social media pages.

“Anna and I are sad to announce we are legally separating. We tried hard for a long time, and we’re really disappointed. Our son has two parents who love him very much and for his sake we want to keep this situation as private as possible moving forward,” Pratt posted on his Facebook page. Pratt’s publicist also has confirmed the separation.
“We still have love for each other, will always cherish our time together and continue to have the deepest respect for one another.”
A similar statement was tweeted from Faris’ verified account.

Their Relationship

During a 2014 Esquire magazine interview, Pratt said he met Faris during the filming of  “Take Me Home Tonight,” in 2007.

At the time, the “House Bunny” actress was married so Pratt just decided to be himself, since she wasn’t available, he said during the interview. The two had actually grown up 20 minutes from each other in Washington State but hadn’t met until they were adults.
After she split from her then husband in 2008, Pratt determined he would marry Faris, he said. He expanded on that statement during an AMA interview on Reddit in 2015. “Anna and I are meant to be together,” Pratt said. “Our relationship has made me believe in divine intervention and destiny, just as much as my crazy career and the way I fell into this life. She and I grew up 20 minutes away from each other but never met until we met in LA.”

Legal Separation

During a legal separation, your interests as a married couple are protected until a final decision to divorce is made. Often times, couples choose to just remain separated and never choose to pursue a legal divorce. The greatest difference between legal separation and divorce is that legal separation does not end a marriage or domestic partnership.

 

Legal separation allows couples to live apart and take a “break” from each other, while also ensuring that each spouse’s legal rights are protected via a legal separation agreement. Legal separations can also be called: “judicial separation”, “separate maintenance”, “divorce a mensa et thoro“, or “divorce from bed-and-board.” All these terms refer to the legal process by which a married couple formalizes a de facto separation while remaining legally married.

Issues Addressed in Legal Separation

Typically, during the separation process, various things are dealt with, including child custody, child visitation, child support, spousal support, marital property division, attorney fees, and personal conduct. The only thing that remains untouched is the actual marital status of the couple.

Formal Legal Separation Agreement

42200044_s

It’s always advised that you sign a formal legal separation agreement. This agreement outlines child support and visitation, property division, and any other aspect of a marriage.  An attorney will be able to prepare this legal and binding document. This will offer you legal protection should your spouse fail to live up to his or her obligations and will also hold up in court.

The following should be included in the legal separation agreement:

Spousal Support

Benefits – With legal separation spouses are able to retain certain benefits that were available during the marriage, such as health insurance.

Home Residency – If a couple shares a home, it should be decided at this time what will happen to the residency during the separation. The agreement should include information regarding who is able to live in the home, who is responsible for maintaining the home, and who is financially handling the home.

Joint Accounts – A legal separation agreement outlines who has access to those joint accounts such as joint checking, savings, and credit accounts. It’s often advised to close or freeze these accounts during the separation. Each spouse will then need to obtain their own personal accounts.

Protection from Acquired Debt – A legal separation agreement will shield you from being responsible for debt acquired during the time of the legal separation.

Why Pursue Legal Separation?

There are advantages with legal separation, including:

  • Spouses are able to maintain benefits such as a spouse’s health care plan or military benefits.
  • Staying legally married for 10 years allows couples certain social security benefits.
  • The separation period allows for a “cool off time,” during which parties can work to resolve their differences. Couples can then decide to either pursue a divorce or resume the marriage.
  • In some religions, divorce is not allowed or recognized. Legal separation allows these religious couples to live separate lives while still remaining married and true their faith.
  • Legal separation can be used to solve immediate problems in couples who are uncertain about moving forward with divorce.

Steps to Follow for Legal Separation

Here are the steps you will take to acquire a legal separation:

  • Consider working with a family law attorney that can advise you on all the necessary steps of your legal separation.
  • You and your spouse will need to decide on grounds for the separation
  • Fill out a Form FL-100 Petition. This form includes options for divorce (dissolution of marriage) or legal separation.
  • If you have children under 18, you will need to complete Form FL-105/GC-120 which provides information to the court regarding children.
  • File Form FL-100 at your local county court. Pay any necessary fees. If you receive public benefits or have low income, you might be eligible for a fee waiver.
  • Serve your spouse with a copy of the court papers if they were not filed together. There will need to be proof of the serving, which can be done through various means such as a process server. A family law attorney can advise you on how to obtain this proof.

Still Considering Divorce?

If following your legal separation you and your spouse decide to move forward with a divorce, you will still need to file a divorce petition and go through the formal divorce process. Since a legal separation agreement has already been created and you mutually agree to all aspects of your marriage, chances are you will be able to file an uncontested divorce. If there are still unresolved issues, you might decide you need a court’s help to come to a decision. It’s important to remember though that just because you are legally separated, that does not mean you are officially divorced. A judge will need to sign off on the final divorce papers and agreement before you can declare yourself “single.”

Working with a Divorce Attorney

It’s always advised that you consider working with a family law attorney. They will be able to advise you on any number of issues, including child support, spousal support, marital property division, child visitation, etc… A lawyer from the expert law firm of Divorce Law LA will be able to guide you through the divorce process. The Divorce & Family Law Offices of Divorce Law LA will provide you with the highest level of expertise and professionalism from our skilled attorneys. Our Divorce and Family Law Practice spans a wide spectrum of areas that include: divorcehigh net-worth divorce, marital property division, child custody and visitation, and child support.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Collaborative Law Divorce Family Law

Move Forward After Divorce Just Like a Celebrity

We know celebrities go through divorce… a lot. But they also take the time to move forward. And they do so in various ways. Some decide to stay out of the limelight – they take a break from social media, etc… Others decide to go for the revenge body. Others immediately jump into new roles and the work they became famous for. Whatever route you choose, make sure it serves your purpose.

Move Forward After Divorce Just Like a Celebrity

Moving forward after divorce means that every day you will need to purposefully carve out time progress and improve. It’s so easy for life to get sucked into the vacuum of a busy schedule. As Professor Harold Hill once said: “You pile up enough tomorrows, and you’ll find you are left with nothing but a lot of empty yesterdays.”

Get Out of Survival Mode

Following your divorce you might find your life is filled with the nonessential and trivial. Do you check your ex-spouse’s Facebook every day to see if he or she is dating someone new? Do you obsess and get frustrated with every communication that comes from your ex? Are you resentful? How are you channeling all these new feelings? Are you just trying to survive?

It’s time to take your life back into your own hands.

It’s not uncommon to realize that you were living your life on someone else’s terms. But everything is in your hands now. With a lot of work and strong intention you can design your future. You have to realize you are responsible and you must decide to make a change. Here are some first steps to making that giant leap into your new life:

  • Wake up
  • Get yourself in the zone
  • Get yourself moving
  • Eat well
  • Get ready and inspired
  • Get perspective
  • Do something that will move you forward

Get Enough Sleep

Despite the fact that sleep is just as important for life as eating and drinking water, millions of people do not get enough sleep.

According to the National Sleep Foundation (NSF) 40 million Americans suffer from over 70 different sleep disorders. Additionally, 60 percent of adults and 69 percent of children have one or more sleep problems at least a few nights during a week.

It makes sense then that more than 40 percent of adults experience daytime sleepiness that is severe enough to interfere with daily activities at least a few days every month.

Getting the right amount of sleep can help you have a longer life, increased creativity, memory, attention, and focus. It can help to lower stress and your risk for depression.

Bottom line: you need your beauty sleep.

Find Clarity and Abundance

You need to focus on moving forward toward the positive things in your life. What you set your focus on expands. After waking up from a restful night’s sleep, prayer and meditation can help you orient yourself toward the positive.

Focus on what you are grateful for. This could be the fact that you are out of a relationship and marriage that did not serve you. Maybe you’re just grateful for the fact the sun is shining. There are limitless opportunities and possibilities for you. That air of gratefulness will only draw more positive and good to you.

Start every morning by getting yourself into a space of gratitude and clarity.

Get Some Physical Activity

12558697_s

By now you know you need to get your exercise. Still, according to the Center for Disease Control’s National Health Interview Survey, only one-third of American men and women between the ages of 25 to 64 engage in regular physical activity.

Regular exercise is can decrease your chance of depression, anxiety, and stress. It’s also been linked to higher success in people’s careers. Any form of exercise works: the gym, yard work, cleaning. Just get your body moving and every aspect of your life will thrive.

Eat/Drink 30 Grams of Protein

Eating protein first thing decreases cravings for white carbohydrates (the type of carbs that can make you fat. Donald Layman, professor emeritus of nutrition at the University of Illinois, recommends eating or drinking at least 30 grams of protein for breakfast. In The 4-Hour Body by Tim Ferriss, he recommends getting 30 grams of protein 30 minutes after waking up.

Food rich in protein will help you feel fuller for longer because they take longer for the body to digest. Protein also keeps blood-sugar levels steady, and thus prevents hunger spikes.

According to Ferriss, eat at least 40% of your breakfast calories as protein: two to three whole eggs, turkey bacon, organic pork bacon or sausage, or cottage cheese. You can also do a protein shake made with water. If you follow a vegetarian or vegan diet you can eat legumes, greens, nuts, and seeds.

Take A Cold Shower

Every morning motivational speaker and life coach Tony Robbins jumps into a 57-degree Fahrenheit swimming pool.

Cold water immersion has been shown to radically facilitate physical and mental wellness with regular practice. It not only changes your body’s immune, lymphatic, circulatory and digestive systems, but it can also increase weight-loss because it boosts your metabolism.

A study done in 2007 found that cold water triggers mood-boosting neurochemicals that make people feel happier. The study concluded that because of this, taking cold showers routinely can help treat depression symptoms. Often, cold showers are more effective than prescription medications.

Sure, none of us wants to step into a cold shower, but try to think of it like getting into a swimming pool. The first 20 seconds feels terrible, but once you’ve done it, it’s fine.

Those who do this report feeling an increase in willpower, creativity, motivation, and inspiration.

Do You Have a Life Vision? 

If you haven’t written down your short and long-term goals, you should. Just reviewing them a few minutes a day can put your day into perspective. Chances are some things have changed after your divorce. Take some time to re-focus your energy on what you really want to accomplish.

Reading your long-term goals every day will make sure you think about them every day. As you spend your days working towards your goals, they’ll manifest.

There’s a science to achieving goals, which removes the confusion and ambiguity of them. If you stick to a pattern, you can accomplish your goals, regardless of if they are large or small.

Write them down and review them every single day.

Moving Forward

A divorce can shatter your life if you let it. So don’t let it.

Every day you can move forward with these steps. Put a plan in place to succeed. Every step on that plan brings you closer to your dreams. Maybe that means finally having a day where you don’t feel guilty or sad about your divorce. Maybe it’s a day of less resentment. Maybe it’s a day where you focus on getting healthy by preparing a good meal for yourself.

Making small steps every day like the ones outlined above will change your life. And as a result, the universe will respond to you in beautiful ways.

Working with a Family Law Attorney

Whatever your reason is for divorce, you should consider working with a family law attorney. They will be able to advise you on any number of issues, including: child support, spousal support, marital property division, child visitation, etc… A lawyer from the expert law firm of Divorce Law LA will be able to guide you through the divorce process. The Divorce & Family Law Offices of Divorce Law LA will provide you with the highest level of expertise and professionalism from our skilled attorneys. Our Divorce and Family Law Practice spans a wide spectrum of areas that include: divorce, high net-worth divorce, marital property division, child custody and visitation, and child support.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Collaborative Law Divorce Family Law Marital Property Division Spousal Support

Stalling Divorce Because of Washington’s Health Care Indecision

As Washington works to figure out exactly what step will be coming in terms of the nation’s healthcare, couples are working to figure out what step comes in their marriages. According to financial planners and divorce attorneys throughout the nation, the health care uncertainty in Washington, D.C. is causing some separating couples to re-evaluate if now is the time for a divorce.

Stalling Divorce Because of Washington’s Health Care Indecision

Couples with pre-existing conditions are in limbo. When it comes to health care, according to Lili A. Vasileff, founder, and president of Divorce and Money Matters, “We don’t know what will be in place, what it will cost, and if you can even get it.” Until there’s an answer, some couples are choosing to stay married and instead draft a postnuptial agreement that leaves them legally together but clarifies the separation of assets and terms of possible future divorce proceedings. For other couples, the stall in Washington means finalizing divorce papers but holding off on actually sending them into courts to be processed. It used to be a common practice that though legal separation, couples were able to keep coverage for their spouses, even if they were not actually together. Most insurance companies stopped honoring this type of agreement, according to Andrew Vaughn, a Chicago divorce attorney and founder of NuVorce.

Congressional Republican leaders have been working to repeal and replace the Affordable Care Act (ACA). Under the ACA coverage was guaranteed for everyone on the individual market, regardless of how healthy or unhealthy they were. It also prohibited insurers from charging more to people with pre-existing conditions. Now that practice and the future of it is unclear.

Additionally, the cost of health insurance often factors into the calculation of alimony (also known as spousal support). In this uncertainty, attorneys are left to make their best estimate.

Divorce and Money

Divorce is scary to face. What can make the process even more overwhelming is determining what your financial situation will look like. In addition to child support and alimony, you will also need to determine how your property will be divided.

 

What State do you Live in?

State laws govern how the marital property will be divided. You will need to check with an attorney to see if you live in an equitable distribution state or a community property state.

What Counts as Property?

Property is anything that can be bought or sold, or anything that has a financial value. This includes: houses, cars, furniture, clothing, bank accounts, businesses, etc. Within that, there are two forms of property when it comes to a marriage: community property and separate property. Community property is anything earned or acquired during the course of the marriage. Separate property belongs to one spouse. States make their own determinations on what counts as separate property. A family law attorney would be able to help you determine what is “separate property” based on your state’s laws.

Other Considerations

There are four other steps that need to be considered when diving marital property:

  1. Identify the assets owned by you and your spouse
  2. Categorize all assets as marital or non-marital property
  3. A value will need to be assigned to the assets
  4. Devise a plan for the division of assets that is in accordance with state laws

No Fault Divorce Laws

18640254_s

Though most states separate the division of marital property from grounds for divorce due to no fault divorce laws, most states do consider any financial misconduct when it comes to dividing marital property. What this means is if you or your spouse has foolishly spent money then you or your spouse will most likely be penalized when it comes to dividing marital property.

Separate Join Financial Obligations

If you feel the division of marital assets might be a contentious point between you are your spouse, you might want to consider separating financial obligations prior to starting the divorce process. Marital property does not only mean furniture and household items, but also joint credit accounts. Each spouse should have access to a complete set of all financial documents. You’ll also want to close all joint credit card accounts. If you’re not able to fully separate the accounts, draft a formal written agreement outlining the activity on the remaining joint accounts. Freeze any investment assets – this will ensure neither spouse misuses funds until everything has been agreed upon. You might also want to consider changing the title on your home to read “tenants in common” until the final agreement regarding marital property has been decided upon.

In addition to figuring out marital property division, you’ll want to consult with professionals familiar with re-structuring finances after divorces.

The Rest of Your Financial Picture

As you move forward in your new life there will be a number of things you need to change: weekend schedules if you have children, perhaps addresses, maybe even your employer if you have to go back to work or get a higher paying job. There are going to be a number of unanswered questions. You don’t have to answer them all immediately, but chances are, you’ll need to answer them sooner rather than later. Here are some things to consider when it comes to your finances after divorce.

Figure Out a Budget 
You might not have been the spouse in charge of the finances before. Now that you’re on your own, you’re going to have to be. This can be difficult if you’ve never taken care of a checking account. According to certified divorce financial analyst Eva Sachs, the first step toward financial independence is balancing your income with your expenses. So how do you do that? she advises that you sit down and figure out how much money is coming in (this will vary depending on what side of alimony and child support payments you’re on). After you figure this out you’ll need to assess how much of what is coming in is being spent on living expenses.

“Think of it as a spending plan rather than a budget,” says Sachs. “Knowing where your money goes is key, especially after divorce. There will be many new expenses you might not have thought about prior to your divorce; this is a critical time to refrain from spending money you don’t have.”

It might be helpful to write everything down until you have a clear picture. This will give you an up-close look at your financial habits. If you’ve never done this before, this might be a shock. It’s good to know where you can tighten up, or loosen up so that you can budget accordingly.

Rainy Day Fund

Now that you don’t have a spouse to lean on in times of trouble – loss of job, medical emergency, unplanned home expense – you’ll want to create your own rainy day fund. Any unexpected hits to your bank account will need to be covered by you and solely you. Protect yourself, says Sachs. She recommends creating an emergency fund you can continue adding to when you have the chance.

“An emergency fund should equal three to six months of your living expenses,” she says. “If you can swing it, I recommend six months because you’re now single and need an even bigger cushion if you are not able to work or an emergency occurs.”

Make Sure Assets Have Been Transferred

The papers are signed, your divorce is final, you can consider it over. Think again. According to Cheswick, the divorce may be finalized but your work isn’t really complete until you’ve ensured the assets awarded in the settlement have been distributed. Make sure all your t’s are crossed and i’s dotted before you skip along to singledom. Just because things have been agreed to in a settlement, that doesn’t necessarily mean they will automatically happen.

“I can’t tell you the number of people who will contact me months (and unfortunately even years) after their divorce is finalized and there are still outstanding items which have not been resolved,” Cheswick says. “Remember that the agreement is a legally binding contract that you both signed and agreed to uphold. If one party is failing to comply with the terms of the contract then the other party has every right to take steps to ensure their compliance including going back to court to have the agreement enforced.”

pasadena-collaborative-law-divorce-mediation-lawyer

Enlist a Professional

It might seem like another financial burden to use a certified divorce financial planner during your divorce. In addition to legal fees it can feel like yet another financial expense. But a financial planner can save you a lot of headaches while also setting you up for a bright financial future, according to McBurney.

“Most financial mistakes that people make during and after divorce could easily have been avoided if they had sought professional assistance,” she says. “Financial planners can help you figure out how to live within your new financial realities post-divorce and develop strategies for building back your financial security. And tax advisors and CPAs can help you avoid making expensive (and very common!) tax mistakes (related to things like asset transfers, retirement, spousal and child support).”

Retirement

Retirement can be a difficult thing to face during divorce. Chances are you imagined yourself and your spouse sitting on an amazing porch, sipping lemonade, and reminiscing about your children. Just because your spouse is no longer in the equation, that doesn’t mean that you need to abandon your dream retirement life. As Sachs advises, now that the divorce process is almost finalized, look to your future and start to maximize your retirement savings.

“Don’t let divorce stop you from planning for your future,” she says, “Investing in your 401K plan will allow you to save for retirement. You can begin by saving a small amount each week and then let it build slowly or make payroll contributions that match your employer contributions. Don’t stop thinking of the future!”

Just because your future plans have changed, that doesn’t mean it can’t be a bright one. Be smart about your finances and you’ll find the financial freedom you need to help you move on and start a new life.

Working with a Family Law Attorney

As with anything regarding your divorce: child support, spousal support, marital property division, child visitation, etc… you should consult a family law attorney. A lawyer from the expert law firm of Divorce Law LA will be able to guide you through the divorce process. The Divorce & Family Law Offices of Divorce Law LA will provide you with the highest level of expertise and professionalism from our skilled attorneys. Our Divorce and Family Law Practice spans a wide spectrum of areas that include: divorce, high net-worth divorce, marital property division, child custody and visitation, and child support.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Collaborative Law Divorce Family Law

There Is An “App” For Divorce. But Should You Use It?

For years, technology has proven you can start a relationship with a “swipe.” And now, thanks to an app called “Wevorce”, you can also end your marriage with a simple “swipe.” But should you?

Swipe for Divorce

Technology has revolutionized how we do everything, so it goes to follow that eventually, it would revolutionize divorce. With the creation of a few new apps, the “revolutionized” divorce is here.

Wevorce and Separate.us

31217149_m

The service, Wevorce offers a “DIY” divorce complete with mediators that are available through videoconferencing. The service starts at $749. Another service, Separate.us, allows user to create, complete, file, and even serve divorce papers online. The service costs somewhere between $1,000 and $3,000. Avvo, which is already an established online legal marketplace, just recently launched their own uncontested divorce package that allows users to consult legal counsel during a 30-minute phone call for $995.

“For better or for worse, technology has made it easier for people to split,” says Josh King, Avvo’s general counsel. At the same time, King acknowledged that these online divorce services are not for everyone.

“The critical thing is that you don’t have a lot of disagreements or complicated externalities,” King said. “These products are designed to cover a wide range of people that have a fairly routine legal problem.”

But Should You Use an App?

While these apps and online resources might be great for couples looking to file an uncontested divorce where both sides are in agreement when it comes to dividing assets, child custody, and other aspects of a marriage, they are not for couples that are unable to come to an agreement.

“If they have no assets and no children, you can do one of those divorces, no harm, no foul,” says John Slowiaczek, president-elect of the American Academy of Matrimonial Lawyers. But it’s very rare that couples will be in agreement when it comes to aspects of a marriage including alimony, child support, retirement accounts, real estate, and other financial issues.

“It’s never that simple,” Slowiaczek says. “Couples argue over the Christmas decorations; it’s always about getting in the last dig and that’s why the Pro Se divorces or divorce apps don’t make sense.”

State Laws

Complicating online divorce, even more, is the fact that most divorce laws vary from state to state, and in some cases, from county to county. While most states offer “no fault” divorce proceedings, some jurisdictions will still consider specific grounds for divorce, rather than “no fault.” According to Justin Reckers, a certified financial planner, divorce financial analyst, and CEO of WellSpring Divorce Advisors, “Worst case scenario they try to do it themselves and screw it up. In most jurisdictions, a division of assets and debt is final and you cannot change it unless both parties agree.”

Attempts at “DIY” divorce can also prove to be a nightmare later down the line when a divorcing couple is forced to sign off on a settlement agreement. If the two are not truly in agreement and have also not secured legal counsel to work out their disagreement, it can be a frustrating situation for a judge. “The one thing divorce judges will tell you is that they are very frustrated when people come to their court without an attorney,” says Slowiaczek.

One suggestion for couples that want to handle their own divorce, or who are looking to manage any mounting costs, is to work with an attorney prior to filing. Slowiaczek suggests “You can hire a lawyer to just look at the paperwork to find out if you are on the right track. Many times you can just do that.”

But when it comes down to it, “you have to put it in perspective,” says Slowiaczek. “When you look at divorce it’s the rest of your life.”It’s like a wedding, and people don’t think twice about spending $6,000 to $8,000 for flowers or $10,000 for a honeymoon.”

Working with a Divorce Attorney

When it comes to deciding on issues of child custody and spousal support, you might want to consider working with a divorce attorney.

Child Custody

Child custody issues can quickly become complicated. This is especially the case if the parents are not able to work together to co-parent or develop a successful co-parenting situation.

There are different forms of child custody: legal custody, physical custody, sole custody, and joint custody.

35895192_s

Spousal Support

Alimony, often called “spousal support” is when one spouse pays the other in order to help that spouse maintain the same financial standing as was experienced during the marriage. A court will require the higher earning spouse to assist the lower in maintaining that standard of lifestyle that was achieved during the marriage.

Steps of the Divorce Process

Whatever your reason for considering divorce, there are set steps you will need to take to get divorced.

Step 1: Decide How to Proceed

How you begin your divorce will be dependent on the particulars of your marriage and your relationship. A divorce of a marriage where the spouses have been married for a short period of time, have no children, and little property or debts is typically less involved than a divorce where the couple has been married for a long period of time, shares minor children, or where there is significant property or debt to be divided. If both parties are seeking the divorce, the process will most likely be easier, versus a situation where one spouse is contesting the divorce.  You will need to take a look at your specific situation in order to best gauge how you want to proceed.

Step 2: The Divorce Petition 

To start the divorce process one of the spouses must file a divorce petition. Even if both spouses are in agreement, one of them must file a petition that states the grounds of the divorce with the court asking for the divorce. Grounds for the divorce vary from state to state. California is a no-fault state, meaning no fault is placed on either party regardless of infidelity, etc…  But all jurisdictions allow for some type of no-fault grounds such as “irreconcilable differences.” Some states will consider fault grounds for divorce, such as adultery or abandonment. A family law attorney will be able to advise you your state specific laws regarding grounds for divorce

Step 3: Temporary Orders 

If one spouse is seeking to receive financial support (as alimony) or custody of children, that spouse will need to ask the court for temporary orders for that support and custody. This temporary order is usually granted within a few days of the initial petition and will remain in effect until the full divorce court hearing. If the party seeking the temporary order is the same party who is filing the divorce petition, it’s advised that they file both the divorce petition and the temporary order at the same time. If you are not the party that filed the divorce petition, but are looking for support or child custody, you should file your request for that support as soon as possible.

Step 4: Proof of Service and Responding

Once a spouse files for divorce he or she also needs to file for a proof of service of process. This document proves that a copy of the divorce petition was given to the other party. Your family law attorney can help ensure this is done, or you can work with a process server. If both spouses have agreed to divorce, it’s usually the spouse that files the divorce that arranges for the the  service of process to the other party’s attorney.

When the service of process is received, that spouse needs to file a response to the divorce petition. In states where grounds for divorce can be filed, this response is where to address or dispute those grounds for divorce. Also, if the spouse receiving the petition has any disagreement with the put forth property division, support, custody terms, or any other issue, this should be added to the response.

Step 5: Negotiating

When two spouses are not in agreement on child custody and visitation, child support, property division and any spousal support, they will need to find a way to negotiate the terms of their divorce. Disagreeing spouses might consider working with a meditation lawyer, as it is in their best interest to work out as much as possible out of court. This will help to cut down on legal fees and time spent arguing. The negotiation process is the hardest part of the divorce process. As we all know from public divorce disputes, the negotiations can sometimes take years if a couple is not able to come to an agreement.

Step 6: Order of Dissolution

Once everything is decided upon an order of dissolution is created that outlines out how the property and debts are to be divided, what child custody and visitation schedule is, what support payments (spousal and child) need to be paid, and any other aspects that have been agreed on. If the spouses are able to negotiate their own resolution to all of these aspects, their lawyers will draft the order of dissolution and submit it to the court. If the Order of Dissolution complies with legal requirements and both parties entered into it knowingly and willingly and can attest to it, then the judge approves it. At this point, the divorce is finalized.

Working with a Family Law Attorney

Whatever your reason is for divorce, you should consider working with a family law attorney. They will be able to advise you on any number of issues, including: child support, spousal support, marital property division, child visitation, etc… A lawyer from the expert law firm of Divorce Law LA will be able to guide you through the divorce process. The Divorce & Family Law Offices of Divorce Law LA will provide you with the highest level of expertise and professionalism from our skilled attorneys. Our Divorce and Family Law Practice spans a wide spectrum of areas that include: divorce, high net-worth divorce, marital property division, child custody and visitation, and child support.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Collaborative Law Divorce Family Law

Divorce Season is Upon Us

It looks like divorce season may be upon us. Though January is often hailed as “Divorce Month,” a new study recently released by the University of Washington reveals that the most common months for divorce filings are March and August.

Divorce Season is Upon Us

Researchers Julie Brines and Brian Serafini from the University of Washington were actually looking for a different kind of trend in divorce – whether or not the recession had affected American marriages.  But in looking looked at filings from counties in Washington state from 2001 through 2015, they actually found another trend – divorces happening in March and August.

According to the researchers, this “domestic ritual” might be attributed to the fact that nobody wants to ruin the holidays with a divorce. A summer trip can be a couple’s last-ditch effort to make things “right.”

“People tend to face the holidays with rising expectations, despite what disappointments they might have had in years past,” said Brines. “They represent periods in the year when there’s the anticipation or the opportunity for a new beginning, a new start, something different, a transition into a new period of life. It’s like an optimism cycle, in a sense.”

March filings, because they are following the winter holidays might also occur because of the time it takes to get everything organized prior to actually filing for divorce. And the August filings might be due to the fact that there’s a sense of urgency to filing before kids return to school.

Considering Divorce?

If you are considering divorce, you know it’s not a consideration taken lightly. Chances are you’ve been dealing with these emotions for a while now. Know that you are not alone. There are many reasons that people divorce. Here are a few of them:

Lack of communication. When you are unable to communicate with your partner, you create distance. This can be from lack of sharing feelings, or not keeping your partner in the loop about what’s happening with you emotionally. A successful relationship is one that has open lines of communication. Otherwise, it can feel like nothing is ever resolved, and as if you aren’t even talking about why things can’t be resolved. Additionally, chances are you both feel as if something is being left unsaid. These feelings can multiply over time and become much larger than they were at the beginning. You might consider working with a relationship therapist to learn how to communicate effectively.

Financial Issues. Money, and lack of it, can lead to a lot of problems in relationships. Often times two people have very different mindsets when it comes to saving and spending. If you and your spouse are not in agreement when it comes to how to manage your money, it can cause a lot of problems. Sit down and have an open conversation about how you relate to money and what your goals are. You might find one spouse wants to save to buy a house or to go on a big vacation, while the other spouse would rather go out to dinner every night of the week and have a closet filled with amazing clothes. You might have different goals, and neither one is wrong. Try to find a middle ground. You might also want to speak with a financial adviser that can take a look at your financial situation and advise you on how to move forward based on your joint goals.

Feeling Held Back. When you first started dating your spouse you may have felt as if the sky was the limit, or maybe you felt like you needed to change yourself a little for him or her. Over the course of a marriage things can change. You might feel now as if your spouse and marriage are holding you back from achieving goals and taking opportunities. If you don’t feel supported by your spouse you can begin to feel as if you are being held back from really accomplishing what you want to during your lifetime. Try to get a clear-headed assessment. Are you really being held back? Or maybe it’s just how you are perceiving the situation. An open conversation might be the best place to start.

Trust. Trust is one of the leading factors in having a successful relationship and marriage. It can be impossible to achieve anything if you do not trust each other. Ask yourself if there’s a reason for the lack of trust. Was there an infidelity or past infidelities? Or are you just reading into things? Try to get a clear head about why there is not trust in your relationship. Maybe working with a relationship therapist can help you both deal with any trust issues.

Expectations. If you expected one thing at the beginning of the relationship and you aren’t getting it now, or your expectations have changed, you might find that you aren’t as happy in your relationship as you could be.

33034958_s

Your spouse doesn’t understand or fulfill your needs and desires. We all have different needs and wants that need to be met by the significant other in our lives. If you have a partner that doesn’t acknowledge your interests and desires then they won’t do what they can to fulfill your needs and wants.

Sudden Life Change. New changes happen at every moment in our lives. This can be the birth of a child, death of a parent, sudden job loss, a new opportunity for a job across the country. You will both need to be adaptable and know how to be supportive of each other. Life is unplanned, but you should be able to plan that your spouse will be there to support you whether its a good change or a difficult one.

Domestic Violence If you’ve been in a situation, or are currently in a situation, where your partner has been abusive or controlling in any manner, you should consider seeking help. If need be, contact a trusted family, friend, or an attorney about this matter.

Another Option: Legal Separation

While divorce might seem like the only option, remember that legal separation is also available. Legal separation allows couples to live apart and take a “break” from each other, while also ensuring that each spouse’s legal rights are protected via a legal separation agreement. Legal separations can also be called: “judicial separation”, “separate maintenance”, “divorce a mensa et thoro“, or “divorce from bed-and-board.” All these terms refer to the legal process by which a married couple formalizes a de facto separation while remaining legally married.

Steps to Follow for Legal Separation

Here are the steps you will take to acquire a legal separation:

  • Consider working with a family law attorney that can advise you on all the necessary steps of your legal separation.
  • You and your spouse will need to decide on grounds for the separation
  • Fill out a Form FL-100 Petition. This form includes options for divorce (dissolution of marriage) or legal separation.
  • If you have children under 18, you will need to complete Form FL-105/GC-120 which provides information to the court regarding children.
  • File Form FL-100 at your local county court. Pay any necessary fees. If you receive public benefits or have low income, you might be eligible for a fee waiver.
  • Serve your spouse with a copy of the court papers if they were not filed together. There will need to be proof of the serving, which can be done through various means such as a process server. A family law attorney can advise you on how to obtain this proof.

Sign a Formal Legal Separation Agreement

43131755_s

It’s always advised that you sign a formal legal separation agreement. This agreement outlines child support and visitation, property division, and any other aspect of a marriage.  An attorney will be able to prepare this legal and binding document. This will offer you legal protection should your spouse fail to live up to his or her obligations and will also hold up in court.

The following should be included in the legal separation agreement:

Spousal Support

Benefits – With legal separation spouses are able to retain certain benefits that were available during the marriage, such as health insurance.

Home Residency – If a couple shares a home, it should be decided at this time what will happen to the residency during the separation. The agreement should include information regarding who is able to live in the home, who is responsible for maintaining the home, and who is financially handling the home.

Joint Accounts – A legal separation agreement outlines who has access to those joint accounts such as joint checking, savings, and credit accounts. It’s often advised to close or freeze these accounts during the separation. Each spouse will then need to obtain their own personal accounts.

Protection from Acquired Debt – A legal separation agreement will shield you from being responsible for debt acquired during the time of the legal separation.

Deciding on Divorce

If following your legal separation, or if you just decide after the holidays that you want to divorce, it’s always advised that you consider working with a family law attorney. They will be able to advise you on any number of issues, including child support, spousal support, marital property division, child visitation, etc… A lawyer from the expert law firm of Divorce Law LA will be able to guide you through the divorce process. The Divorce & Family Law Offices of Divorce Law LA will provide you with the highest level of expertise and professionalism from our skilled attorneys. Our Divorce and Family Law Practice spans a wide spectrum of areas that include: divorce, high net-worth divorce, marital property division, child custody and visitation, and child support.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Child Custody Child Support Child Visitation Collaborative Law Divorce Family Law Modification to Family Court Orders Move Aways (Child Relocation)

Celebrity Advice on How to Co-Parent

Co-parenting can be difficult, but once you and your ex figure it out, you’ll find that the child, or children you share, will feel much safer about their new family arrangement. Sometimes hearing other’s experiences can help prepare you for the trials you might face. Below we share some celebrity’s thoughts on their co-parenting relationships.

Celebrity Advice on How to Co-Parent

Miranda Kerr: “We decided as a family it was the right decision for Flynn, so Orlando [Bloom] and I both relocated and we live five minutes from each other … Everything revolves around my son and his welfare.”

Gwenyth Paltrow: “I think, unfortunately, even though we couldn’t stay in a romantic relationship, our values are very much around the importance of family and the importance of those relationships and I’m lucky that we’re aligned in that way. And it’s been hard, and you know, we’ve gone through really difficult times with it, but we’ve always said these children are our priority.”

Ryan Phillipe: “You have to get to that point as a divorced parent, as any parent, where you’re not putting yourself first. You want the kids’ experience to be its own and not like, ‘Well, I need to have my time!’ We have been very good about that.”

Drew Barrymore: “It really is about the tone you set. And you can talk until you’re blue in the face, but kids watch what you do every single day of your life, all day long, and that behavior and that example and that love and community and honesty is just, I think, what’s making everything feel safe for my kids and that’s really the intention I had as a parent.”

Jennifer Lopez: “Marc [Anthony] and I are very good friends, we’re very supportive. I feel it’s my responsibility as a mom when their dad is not there to let them know that their dad loves them very much because that’s the doubt that they have when he’s not around or they haven’t seen him. That’s my job to do that the same way it’s his job when he’s with them to say, ‘Mommy is working and she loves you.’”

Divorce and Co-Parenting

Divorce is not easy, and it often brings out the worst in us. We become the 14-year-old girl or boy obsessing about every little thing. This can be especially true if there is any residual hurt due to a person leaving, or cheating, or falling out of love. Yes, it hurts, and it sucks, but whatever the reason for your divorce, it is never a good enough excuse to pull your kids along through the hurtful ride of roller-coaster emotions.

The key to establishing a good co-parenting relationship is to remember that your kids are part you and part your ex-spouse. And hopefully this realization will help you manage those angry, frustrated, and sad emotions.

Managing Emotions

co-parenting-rights-1

“The biggest obstacles to successful co-parenting are emotions,” says Alisa Peskin-Shepherd, principal of Transitions Legal, a family law practice that specializes in mediative divorce. “Emotional obstacles are usually anger, resentment and jealousy. Often parents have a hard time separating those feelings toward their former spouse from their attempt to focus on their children.”

The idea of focusing on your children might seem obvious, but that can be really difficult when you receive that text from your ex that makes you want to throw your phone directly into their face. There are some tips that can help though! Here are some tips from parents who have actually found the magic combination to a successful (meaning they don’t completely resent each other) co-parenting situation.

Building a Successful Co-Parenting Situation

Give Yourself a  ‘Timeout’

“Take time to reflect on how your behavior and your decisions are affecting your child,” says Peskin-Shepherd. “Especially where there is constant disagreement, try to accept that you are not going to change the other person and find a way to make something work without being dependent on the other parent’s response.”

If you are not able to give yourself a timeout, and find that you are still stewing about conversing with your ex, consult a “co-parenting coordinator,” attorney or counselor – with or without your ex-spouse. This objective third party can be a great sounding board for ironing out your co-parenting relationship.

“Our expectations that two people who didn’t get along when they are married will suddenly be able to co-parent without some help is not reasonable,” Peskin-Shepherd says.

According to Alison Willet, a Birmingham resident and psychologist who has worked with high-conflict divorce, it is crucial for ex-spouses to heal fully from the pain that stems from their divorce if they plan to find a way to co-parent effectively.

The mother of three daughters and two step-daughters goes on to say, “People going through divorce need to take the necessary time to grieve the end of this major relationship and remember that at one time, they loved or cared about the other parent. When parents are psychologically intact, it will be easier for them to put the needs of their children first.”

Play to Your Ex’s Strengths (This Might Be Very Difficult)

By now you know what your ex is good and and what they’re not so good at. So play fair when it comes to your kids and your ex’s abilities.

“You probably know your ex-spouse better than anyone else,” says Chris Tucker, father of Finn, 9, and Simon, 7, and step-dad to Lucas, 6. “Play to those strengths – not in a manipulative way, but in a spirit of making the best use of one another’s talents.”

Tucker’s situation is: he has his boys two-thirds of the year; their mother visits monthly from Virginia. She also takes them over school breaks and summer. Tucker, his wife, his ex-wife, and her husband all work as a unit to parent the children.

“We like to think of ourselves – Colleen, her husband, my wife and I – as members of a family ecosystem,” says Tucker. “This means that everyone involved is invested in and accountable for raising our kids, and it goes a long way in building trust and mutual respect.”

Commit to Cooperating

This can be the hardest part of a co-parenting relationship – cooperating.

According to mother Shaindle Braunstein-Cohen, “Effective co-parenting does not require friendship, but it does require cooperation.”

“My ex and I get along when we have contact, but we never have contact outside of our son,” she says. “When my son wanted to show his dad his new room in our new home, he did. Successful co-parenting involves only one thing: loving your child more than you hate your ex.”

When her ex moved out-of-state, Braunstein-Cohen gained full custody of her 14-year-old Seth.  When he wants to see his dad or vice versa, both her and Seth’s father to make it happen. “Sure, that meant I had many holidays without him, but it wasn’t about me,” she says.

You can’t keep living in the past either.

“The kids can become an obsession, a club to beat your ex over the head with,” says Braunstein-Cohen. “You can’t live in the past, and you also can’t live in the future. Just live in the now. The moment is here; it’s what you’ve got. Make the best of it.”

IndependantContractorAgreement

Get it in Writing

Peskin-Shepherd advises parents to put everything in writing. That means that all plans and agreements should be kindly communicated to the other parent. This should be part of your working situation. If it’s in writing, it is harder for one person to argue about the agreed arrangement. This should be done for even the smallest things if you know that there is potential for arguments later down the road. This is especially necessary for vacation time and scheduling, agreements regarding financial decisions, and paying for child’s needs. A majority of these things will be part of your child custody agreement, but anything that comes up out side of that should also be agreed to in writing.

Vacation time and money issues are common post-divorce problems, says Peskin-Shepherd. “Parents can agree on how to pay for extracurricular activities, summer camps, boots and winter coats,” she says. “Have a mindset of cooperation to avoid problems. Likely the compromise your ex-spouse is asking of you today will be the one you need tomorrow.”

Set High Intentions

Keely Henry dealt with an ugly divorce. She did not want it to affect her son, Sullivan, 8. “I knew I could not let this ugly experience lead our lives,” she says. “I was going to have to communicate with my ex over the course of our son’s life. The only thing to do was set the ideal on a higher notion, above emotional distress.”

Because of that, Henry and her ex decided to celebrate holidays and birthdays with Sully together, which means including Henry’s new life partner and her ex’s partner, the woman that her husband left her for. “We all collaborate on my son’s parenting, with his dad and I as the final sayers,” she says. “It really is simple. Set the goal for the higher, not the lower.”

Let Go of Wanting Control

Even thirteen years after their divorce, Jodi Rubin and her ex-husband disagree about the same things they did not agree about when they were married. But they’ve been able to reach a place of mutual respect that allows them to co-parent their three children, Jordan, 19, Paige, 15, and Ethan, 13.

“It’s not about you,” says Rubin. “Instead of worrying about each other, worry about the kids. It’s a parent’s job to turn their children into productive and emotionally healthy adults, and you can’t do that if you’re focused on each other.”

wistful

Silence your Support System

Your friends and family will want to defend you, but there’s nothing helpful about your mother sending your ex a nasty email. The support system should remain impartial, and if they’re not, you need to intervene.

“There were times I had to check my mom as she ranted and raved about what went down,” Henry says. “Or girlfriends – awesome friends who had not been married or had children – not understanding how I could handle some of the things the way I did. There were moments I could hardly do anything but scream and cry – and I did, but on my own watch. There will be tough times. You can get something positive from them.”

Keep Your Ego in Check

It goes without saying that you’re going to doubt your parenting ability and fear that your children will want to be with the other parent. But you have to resist the urge.

“It’s easy to see your ex-spouse as a threat,” says Tucker. “Remind yourself that your ex is also your children’s parent and would also step in front of a bus for them. Trust that they also have your children’s best interests at heart.”

Says Braunstein-Cohen, “Be totally honest with yourself. Everyone has ego involved; they want their child to know they were not at fault, that they are a better parent. Let it go and really think about what makes your kids happy.

“Obviously you don’t agree or sometimes even like each other very much – that’s why you got divorced,” she adds. “Get over it.”

A Family Law Attorney

But when it comes to the actual legal process of a divorce, you’ll want to work with a skilled family law attorney There are a number of things that need to be considered during a divorce: child support, spousal support, marital property division, and other things. Working with a skilled attorney can help ensure you get a fair case.  For advice on divorce, child custody determinations, setting up a co-parenting agreement, dividing marital property, and spousal support you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Child Custody Child Support Collaborative Law Divorce Family Law

Cuba Gooding Jr. Files for Divorce Following Separation

Cuba Gooding Jr., star of The People v. O.J. Simpson has filed for divorce from his wife Sara Kapfer. The two were married for 22 years.

Cuba Gooding Jr. Files for Divorce

35895192_s

Sara filed for legal separation in August of 2014. Now, according to court documents, Cuba has officially filed for divorce. Cuba has requested joint legal and physical custody of their 10-year-old daughter and is also willing to give spousal support to Sara.

According to court docs, the high-school sweethearts were married on March 13, 1994, but legally separated on April 16, 2014.

The Jerry McGuire star once gushed about his wife during an appearance on The View.”I’m lucky,” he shared. “Oh I wanna kill her sometimes and she puts up with me.”
Following the separation, Cuba tried to provide some insight on The Steve Harvey Show, for those wondering why the couple stayed close following the separation filing.  “Officially I’m still married, it’s just you know how some marriages go. Sometimes you take a break or two. All I’m saying is my life is what it is right now,” he said. “I took her to see a movie the other day. We’ve got kids man, we’ve got to keep this together.”

Legal Separation

While divorce might seem like the only option, remember that legal separation is also available. Legal separation allows couples to live apart and take a “break” from each other, while also ensuring that each spouse’s legal rights are protected via a legal separation agreement. Legal separations can also be called: “judicial separation”, “separate maintenance”, “divorce a mensa et thoro“, or “divorce from bed-and-board.” All these terms refer to the legal process by which a married couple formalizes a de facto separation while remaining legally married.

Formal Legal Separation Agreement

42200044_s

It’s always advised that you sign a formal legal separation agreement. This agreement outlines child support and visitation, property division, and any other aspect of a marriage.  An attorney will be able to prepare this legal and binding document. This will offer you legal protection should your spouse fail to live up to his or her obligations and will also hold up in court.

The following should be included in the legal separation agreement:

Spousal Support

Benefits – With legal separation spouses are able to retain certain benefits that were available during the marriage, such as health insurance.

Home Residency – If a couple shares a home, it should be decided at this time what will happen to the residency during the separation. The agreement should include information regarding who is able to live in the home, who is responsible for maintaining the home, and who is financially handling the home.

Joint Accounts – A legal separation agreement outlines who has access to those joint accounts such as joint checking, savings, and credit accounts. It’s often advised to close or freeze these accounts during the separation. Each spouse will then need to obtain their own personal accounts.

Protection from Acquired Debt – A legal separation agreement will shield you from being responsible for debt acquired during the time of the legal separation.

Why Pursue Legal Separation?

There are advantages with legal separation, including:

  • Spouses are able to maintain benefits such as a spouse’s health care plan or military benefits.
  • Staying legally married for 10 years allows couples certain social security benefits.
  • The separation period allows for a “cool off time,” during which parties can work to resolve their differences. Couples can then decide to either pursue a divorce or resume the marriage.
  • In some religions divorce is not allowed or recognized. Legal separation allows these religious couples to live separate lives while still remaining married and true their faith.
  • Legal separation can be used to solve immediate problems in couples who are uncertain about moving forward with divorce.

Steps to Follow for Legal Separation

Here are the steps you will take to acquire a legal separation:

  • Consider working with a family law attorney that can advise you on all the necessary steps of your legal separation.
  • You and your spouse will need to decide on grounds for the separation
  • Fill out a Form FL-100 Petition. This form includes options for divorce (dissolution of marriage) or legal separation.
  • If you have children under 18, you will need to complete Form FL-105/GC-120 which provides information to the court regarding children.
  • File Form FL-100 at your local county court. Pay any necessary fees. If you receive public benefits or have low income, you might be eligible for a fee waiver.
  • Serve your spouse with a copy of the court papers if they were not filed together. There will need to be proof of the serving, which can be done through various means such as a process server. A family law attorney can advise you on how to obtain this proof.

Still Considering Divorce?

If following your legal separation you and your spouse decide to move forward with a divorce, you will still need to file a divorce petition and go through the formal divorce process. Since a legal separation agreement has already been created and you mutually agree all aspects of your marriage, chances are you will be able to file an uncontested divorce. If there are still unresolved issues, you might decide you need a court’s help to come to a decision. It’s important to remember though that just because you are legally separated, that does not mean you are officially divorced. A judge will need to sign off on the final divorce papers and agreement before you can declare yourself “single.”

Working with a Divorce Attorney

It’s always advised that you consider working with a family law attorney. They will be able to advise you on any number of issues, including: child support, spousal support, marital property division, child visitation, etc… A lawyer from the expert law firm of Divorce Law LA will be able to guide you through the divorce process. The Divorce & Family Law Offices of Divorce Law LA will provide you with the highest level of expertise and professionalism from our skilled attorneys. Our Divorce and Family Law Practice spans a wide spectrum of areas that include: divorce, high net-worth divorce, marital property division, child custody and visitation, and child support.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Child Custody Child Support Child Visitation Collaborative Law Divorce Family Law Mediation Modification to Family Court Orders Move Aways (Child Relocation) Paternity

Learning How to Co-Parent

It’s easy to do.  You get a text message from your ex-spouse about not wanting to give up “their time” with the children you share to accommodate for a scheduling issue that you’ve run into. So you fire back a snarky text that sets off World War 3.

And then your son approaches you with: “I saw the texts you sent.”

It’s hard to remember that “parenting” is the main portion of “co-parenting” because it’s so easy to get caught up in the “co” portion.

Divorce

Divorce is not easy, and it often brings out the worst in us. We become the 14 year old girl or boy obsessing about every little thing. This can be especially true if there is any residual hurt due to a person leaving, or cheating, or falling out of love. Yes, it hurts, and it sucks, but whatever the reason for your divorce, it is never a good enough excuse to pull your kids along through the hurtful ride of roller-coaster emotions.

The key to establishing a good co-parenting relationship is to remember that your kids are part you and part your ex-spouse. And hopefully this realization will help you manage those angry, frustrated, and sad emotions.

Managing Emotions

co-parenting-rights-1

“The biggest obstacles to successful co-parenting are emotions,” says Alisa Peskin-Shepherd, principal of Transitions Legal, a family law practice that specializes in mediative divorce. “Emotional obstacles are usually anger, resentment and jealousy. Often parents have a hard time separating those feelings toward their former spouse from their attempt to focus on their children.”

The idea of focusing on your children might seem obvious, but that can be really difficult when you receive that text from your ex that makes you want to throw your phone directly into their face. There are some tips that can help though! Here are some tips from parents who have actually found the magic combination to a successful (meaning they don’t completely resent each other) co-parenting situation.

Building a Successful Co-Parenting Situation

Give Yourself a  ‘Timeout’

“Take time to reflect on how your behavior and your decisions are affecting your child,” says Peskin-Shepherd. “Especially where there is constant disagreement, try to accept that you are not going to change the other person and find a way to make something work without being dependent on the other parent’s response.”

If you are not able to give yourself a timeout, and find that you are still stewing about conversing with your ex, consult a “co-parenting coordinator,” attorney or counselor – with or without your ex-spouse. This objective third party can be a great sounding board for ironing out your co-parenting relationship.

“Our expectations that two people who didn’t get along when they are married will suddenly be able to co-parent without some help is not reasonable,” Peskin-Shepherd says.

According to Alison Willet, a Birmingham resident and psychologist who has worked with high-conflict divorce, it is crucial for ex-spouses to heal fully from the pain that stems from their divorce if they plan to find a way to co-parent effectively.

The mother of three daughters and two step-daughters goes on to say, “People going through divorce need to take the necessary time to grieve the end of this major relationship and remember that at one time, they loved or cared about the other parent. When parents are psychologically intact, it will be easier for them to put the needs of their children first.”

Play to Your Ex’s Strengths (This Might Be Very Difficult)

By now you know what your ex is good and and what they’re not so good at. So play fair when it comes to your kids and your ex’s abilities.

“You probably know your ex-spouse better than anyone else,” says Chris Tucker, father of Finn, 9, and Simon, 7, and step-dad to Lucas, 6. “Play to those strengths – not in a manipulative way, but in a spirit of making the best use of one another’s talents.”

Tucker’s situation is: he has his boys two-thirds of the year; their mother visits monthly from Virginia. She also takes them over school breaks and summer. Tucker, his wife, his ex-wife, and her husband all work as a unit to parent the children.

“We like to think of ourselves – Colleen, her husband, my wife and I – as members of a family ecosystem,” says Tucker. “This means that everyone involved is invested in and accountable for raising our kids, and it goes a long way in building trust and mutual respect.”

Commit to Cooperating

This can be the hardest part of a co-parenting relationship – cooperating.

According to mother Shaindle Braunstein-Cohen, “Effective co-parenting does not require friendship, but it does require cooperation.”

“My ex and I get along when we have contact, but we never have contact outside of our son,” she says. “When my son wanted to show his dad his new room in our new home, he did. Successful co-parenting involves only one thing: loving your child more than you hate your ex.”

When her ex moved out-of-state, Braunstein-Cohen gained full custody of her 14-year-old Seth.  When he wants to see his dad or vice versa, both her and Seth’s father to make it happen. “Sure, that meant I had many holidays without him, but it wasn’t about me,” she says.

You can’t keep living in the past either.

“The kids can become an obsession, a club to beat your ex over the head with,” says Braunstein-Cohen. “You can’t live in the past, and you also can’t live in the future. Just live in the now. The moment is here; it’s what you’ve got. Make the best of it.”

IndependantContractorAgreement

Get it in Writing

Peskin-Shepherd advises parents to put everything in writing. That means that all plans and agreements should be kindly communicated to the other parent. This should be part of your working situation. If it’s in writing, it is harder for one person to argue about the agreed arrangement. This should be done for even the smallest things if you know that there is potential for arguments later down the road. This is especially necessary for vacation time and scheduling, agreements regarding financial decisions, and paying for child’s needs. A majority of these things will be part of your child custody agreement, but anything that comes up out side of that should also be agreed to in writing.

Vacation time and money issues are common post-divorce problems, says Peskin-Shepherd. “Parents can agree on how to pay for extracurricular activities, summer camps, boots and winter coats,” she says. “Have a mindset of cooperation to avoid problems. Likely the compromise your ex-spouse is asking of you today will be the one you need tomorrow.”

Set High Intentions

Keely Henry dealt with an ugly divorce. She did not want it to affect her son, Sullivan, 8. “I knew I could not let this ugly experience lead our lives,” she says. “I was going to have to communicate with my ex over the course of our son’s life. The only thing to do was set the ideal on a higher notion, above emotional distress.”

Because of that, Henry and her ex decided to celebrate holidays and birthdays with Sully together, which means including Henry’s new life partner and her ex’s partner, the woman that her husband left her for. “We all collaborate on my son’s parenting, with his dad and I as the final sayers,” she says. “It really is simple. Set the goal for the higher, not the lower.”

Let Go of Wanting Control

Even thirteen years after their divorce, Jodi Rubin and her ex-husband disagree about the same things they did not agree about when they were married. But they’ve been able to reach a place of mutual respect that allows them to co-parent their three children, Jordan, 19, Paige, 15, and Ethan, 13.

“It’s not about you,” says Rubin. “Instead of worrying about each other, worry about the kids. It’s a parent’s job to turn their children into productive and emotionally healthy adults, and you can’t do that if you’re focused on each other.”

wistful

Silence your Support System

Your friends and family will want to defend you, but there’s nothing helpful about your mother sending your ex a nasty email. The support system should remain impartial, and if they’re not, you need to intervene.

“There were times I had to check my mom as she ranted and raved about what went down,” Henry says. “Or girlfriends – awesome friends who had not been married or had children – not understanding how I could handle some of the things the way I did. There were moments I could hardly do anything but scream and cry – and I did, but on my own watch. There will be tough times. You can get something positive from them.”

Keep Your Ego in Check

It goes without saying that you’re going to doubt your parenting ability and fear that your children will want to be with the other parent. But you have to resist the urge.

“It’s easy to see your ex-spouse as a threat,” says Tucker. “Remind yourself that your ex is also your children’s parent and would also step in front of a bus for them. Trust that they also have your children’s best interests at heart.”

Says Braunstein-Cohen, “Be totally honest with yourself. Everyone has ego involved; they want their child to know they were not at fault, that they are a better parent. Let it go and really think about what makes your kids happy.

“Obviously you don’t agree or sometimes even like each other very much – that’s why you got divorced,” she adds. “Get over it.”

A Family Law Attorney

But when it comes to the actual legal process of a divorce, you’ll want to work with a skilled family law attorney There are a number of things that need to be considered during a divorce: child support, spousal support, marital property division, and other things. Working with a skilled attorney can help ensure you get a fair case.  For advice on divorce, child custody determinations, setting up a co-parenting agreement, dividing marital property, and spousal support you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Child Custody Child Support Collaborative Law Divorce Family Law High Net-Worth Divorce

Brad and Angelina Settling Behind Closed Doors

Considering Brad and Angelina have lived much of their private life behind closed doors, it makes sense they would look to settle their divorce in a similar manner.

Brad and Angelina Settling Behind Closed Doors

When Brad and Angelina first started dating 12-years ago it was on the eve of Pitt’s divorce from Jennifer Aniston. While “Brangelina” was “undercover” for a while, the couple allegedly began their relationship while on the set of their movie Mr. and Mrs. Smith. The couple was wed two years ago in 2014 and have 5 children: 15-year-old Maddox, Pax, 12, Zahara, 11, Shiloh, 10, and 8-year-old twins Knox and Vivienne.

For many couples, a collaborative divorce can make all the difference when it comes to settling a divorce.

Collaborative Divorce

31217149_m

As Family lawyer Nathalie Boutet explained, amicable and collaborative divorces or “conscious uncoupling” allows couples to avoid any  unnecessary conflict. This type of conflict prolongs and publicizes negotiations, explained Boutet. According to her, “[Conscious uncoupling] is simply thinking about the consequences of your actions…it’s making plans rather than reacting to emotions like fear, anger or revenge.”

During a collaborative divorce process a team of four people—lawyers for each spouse, a mental health coach and financial professional – sit down and work together to create a solution for each spouse regarding everything that needs to be decided: child support and visitation, spousal support, and marital property division. Collaboration is done face to face so that each spouse is able to voice his or her own opinion. The team allows open communication and negotiation. The process allows people to work together as a team of negotiators to come to an emotional, financial, and legal solution.

Less Expensive and Less Time Spent

According to Jenkins, when a divorce goes to court, you can pay $100,000 just to get to the courthouse steps. An average collaborative can save you a ton of money, as the average one costs about $32,000. “People are raiding their retirement accounts just to pay for divorces,” said Rackham Karlsson, a collaborative attorney. “Going to court can be more expensive, more time intensive and corrosive for children.”

An average collaborative divorce takes three to four months to reach a settlement. When it comes to standard divorce, there really is no timeline. In fact, some divorces, when extremely litigious, have been known to drag on for years as spouses fight over property and spousal support, and who will receive the wedding china.  And because a standard divorce decision is left up to a judge to decide, there is very little control you have over timing and outcome with a case that goes to divorce court.

Divorce

A Good Alternative

There are numerous reasons why people choose the collaborative divorce process over the standard divorce process. The main reasons are that it’s less combative, and the final agreement feels more organic and more of well, an actual agreement than a decree. A couple is able to save time, money, and maybe even some headaches if they are able to work as a member of the collaborative divorce process.

Irreconcilable Differences

Jolie cited “irreconcilable differences” as their reason for the end of their marriage.

“Irreconcilable differences” is often the cited reason for a divorce filing. Filing “irreconcilable differences” means there is no hope that the couple will be able to resolve the problems they have with each other to be able to save the marriage. Some states use the term ” irretrievable breakdown of the marriage” instead of “irreconcilable differences.” You will need to check with your state’s terminology and grounds for divorces as each state has different requirements regarding what can be cited as the reason. A divorce attorney will be able to advise you on your state’s specific laws regarding grounds for divorce.

California is a no-fault state. “No-fault” means just that –  neither party is at fault for the end of the marriage. So neither spouse is able to be found “guilty” for committing any sort of extenuating act, such as adultery, abandonment, or extreme cruelty.

High Net-Worth Divorces

It’s been estimated that Pitt has a net worth of $240 million and Jolie’s is estimated at around $160 million. Combined, the couple’s net worth is estimated to be $400 million.

Defined by the Securities and Exchange Commission, a “High Net-Worth Divorce” is “One in which a natural person who has individual net worth, or joint worth with the person’s spouse, that exceeds $1 million dollars at the time of purchase, excluding the value of the primary residence of such person; or a natural person with an income exceeding $200,000 in each of the two most recent years or joint income with a spouse exceeding $300,000 for those years and a reasonable expectation of the same income level in the current year.” If you find yourself in this financial situation, having a skilled Pasadena High Net Worth Divorce Lawyer on your side to maneuver this unique set of divorce circumstances is essential.

For individuals who carry a significant net worth, protecting themselves in the case of divorce is essential in order to properly secure their assets. Statistically speaking, individuals across a wide spectrum can find themselves facing the reality of divorce, no matter their socioeconomic status, ethnicity or religion, but the more assets involved and the higher the net worth, the greater the stakes when it comes to separation of finances and property.

Regardless of a person’s net worth, all divorce proceedings should follow a similar protocol awarding equal treatment and regard for the allocation of property, finances and matters relating to children and a High Net Worth Divorce attorney is extremely beneficial for wealthy individuals with much to lose from a divorce.

In general, most divorces follow a series of events that are relatively standard in their unfolding and pertain largely to individuals of a low to medium socioeconomic bracket. This demographic of couples comprise the bulk of divorces in the United States. Many individuals, however, require the expertise of a skilled High Net Worth Divorce Attorney who can assist them through the more complicated process of their divorce based on their higher level of income and High Net-Worth. Knowledge of such specific legal situations as creating and enforcing prenuptial agreements, estates, international property holdings, various investments, high incomes and/or professional licenses is essential, and a skilled High Net Worth Divorce Attorney at the Southern California Law Offices of Divorce Law LA can provide just such assistance.

Co-Parenting

Co-parenting is a crucial part of your child’s life. You will not be able to raise a child successfully if you do not get a handle on this. No child wants to see their parents fighting, or feel as if they are being tugged between two sides of a war.

You might need to consult a therapist or lawyer to get some groundwork laid for this new relationship. Bottom line: just try to be adults. You might have to dig deep to find that “adult” in there, and you might not want to, but you have to, for your child’s sake. Find an approach that will work for you (for the both of you) and then start from that point.

Kids Interests First

Putting your child’s best interests above your own are the only way to build a successful co-parenting situation while creating an amicable relationship with your ex. You two don’t need to be best friends that talk a million times a day. You just need to find a way to make this work, kind of like being assigned to a lab partner in high school that you just couldn’t stand. You had to work together to get through the assignment and to get the A+ grade that you wanted. If you could make that work in high school, you can make this relationship work as an adult.

This can be done in a number of ways:

  • Work out a method of communication. This can be done through email or text. Being able to write it down helps to create a “paper trail” should there be disputes. But this is also a great way to just remove the emotions and stick to the fact.
  • Remove the emotion during interaction – either in person or via communication
  • Schedule it out. This means weekly routines as well as vacation and other important events.
  • Be flexible
  • Commit to being cooperative. This might be a stretch, but you will need to cooperate.

This is not always an easy process, but once you have these basic things under your belt, it will be easier.

A Family Law Attorney

But when it comes to the actual legal process of a divorce, you’ll want to work with a skilled family law attorney. There are a number of things that need to be considered during a divorce: child support, spousal support, marital property division, and other things. Working with a skilled attorney can help ensure you get a fair case.  For advice on divorce, child custody determinations, setting up a co-parenting agreement, dividing marital property, and spousal support you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co