Category: Divorce

Divorce Law LA blog posts about Divorce.

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Collaborative Law Divorce Family Law Mediation

Why You Might Consider Other “Divorce” Options

The fact that divorce is common in the U.S. is not a startling one. It’s almost common knowledge that one out of two first marriages end in divorce. And for second marriages, the rate is two out of three. When it comes to third marriages, nearly three out of four end in divorce. With how common divorce has become, it makes sense that more harmonious options have been put on the table – namely the process of a collaborative divorce. This approach focuses on finding a positive end result that satisfies both parties.

Collaboration and Collaborative Divorce

The process of collaboration is used to settle many different disputes that range from street gangs, competing businesses, and even disputes that happen between nations. Suzy Eckstein, a family law attorney and practitioner of collaborative divorce, believes clients and divorcing clients should be made aware of the option they have between choosing a standard divorce and a collaborative divorce. “Very often, a divorcing client comes to an advisor and asks for help and guidance around this overwhelming process,” she said. “It’s really important that they have an understanding of and information about their choices in the divorce process. And [collaborative divorce] has the potential to create more durable agreements that serve everyone and avoid repeated litigation.”

Multiple Experts Used in Collaborative Divorce Process

The collaborative divorce process “provides you and your spouse or partner with the support and guidance of your own lawyers without going to court.” During this process a couple will seek the expertise of multiple experts – financial, mental health, and child specialists. All these experts will work with the spouses’ respective attorneys to resolve differences and disputes.

Building Your Collaborative Divorce Team

Working with a trusted attorney to help compile a whole collaborative divorce team will be crucial to getting through the process. A lawyers skilled in collaborative law will be able to make suggestions and guide you through the process. This form of dissolving your marriage can be a less stressful and sometimes less expensive option. Because of this, it’s definitely an option you should consider.

For advice on divorce or collaborative divorce, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: ThinkAdvisor, Collaborative Divorce: A Win-Win Dissolution, August 25, 2014

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

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Divorce Domestic Violence Family Law

Marital Tort

When You Might Consider a Lawyer for Personal Injury Claims

Events that lead to divorce can be terrible – cheating, lying, etc…but what happens when those reasons enter into the legal territory of marital torts? And what are marital torts?

Marital Tort

Marital torts are essentially “marital wrongs” inflicted by one spouse on the other. Examples of marital torts include: infecting a spouse with a sexually transmitted disease, physical assault and battery, intentional infliction of emotional distress, marital rape, invasion of privacy, and wiretapping. When one of these grounds is believed to exist in the relationship, the victimized spouse is able to file a marital tort claim. In some cases, such as sexual violence and domestic assault and battery, criminal charges can be pressed at the same time.

Compensation for Wrongs Done

The courts explain that marital tort exists to “redress the violation of important norms, compensate victims and discourage unsafe behavior.” What this translates to is, if a tort is proven, then the spouse at fault will need to pay for the wrongs done.

Being about to sue your spouse is a relatively new phenomenon in the United States. Previously, spouses were not able to do so because of a concept known as inter-spousal immunity. Essentially, this took the view that wives were “property” of their husbands. This concept was deemed outdated in 1961 by the New Jersey courts.

Filing a Marital Tort Claim

You’ll want to consult an attorney if you think you have grounds for filing a marital tort claim. An attorney will be able to dress your specific state’s marital tort laws. Filing a tort claim can be a powerful tool to ensure justice is done.

Source: The Huffington Post, Beyond Divorce: The Surprising Reasons Why Some Spouses Sue Each Other, January 6, 2015

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Divorce Family Law Marital Property Division Spousal Support

Gary Oldman Divorce

Actor Gary Oldman is heading for his fourth divorce. Making him a veteran of the screen, but also a veteran in the dissolution of marriages.

Divorce Petition

Oldman’s wife of six years, Alexandra Edenborough, 36, filed a divorce petition in Los Angeles County Superior Court. citing irreconcilable differences.

Edenborough is a jazz and electronica singer. The two were married New Year’s Eve of 2008.

Separated for a Year

Though the date of separation was listed as “TBD” on the file paperwork, according to Oldman’s spokesman Douglas Urbanski the two separated more than a year ago. They “have agreed to an amicable divorce” and “remain on warm, friendly terms,” he said. He also added that Oldman, 56, had yet to file a response to Edenborough’s petition.

“Alex and I had several great years together, and we shared a great love during that time; but there is big difference in our ages and ultimately that gap inevitably revealed different lifestyle interests,” the actor said. “While I have been sad about this for over a year, I am grateful for the good times we did have, and we remain friends. Of course I wish Alex the best happiness in the future.”

Marital Property Division

According to court documents, separate property and community property has not been worked out yet. The petition will be amended once the assets had been “ascertained.” She is seeking payment from Oldman for attorney fees and spousal support.

Oldman has been married three times previously: to English actress Leslie Manville, they share one child; Uma Thurman; and Donya Fiorentino, they share two sons.

 

Source: Los Angeles Times, Gary Oldman’s fourth wife files for divorce after yearlong separation, January 12, 2014

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Divorce High Net-Worth Divorce Marital Property Division

Arnall Speaks Out About Hamm Divorce

When You Might Consider a Lawyer for Personal Injury Claims

Sue Ann Arnall, an Oklahoma oilman’s ex is speaking out about why she decided to cash the $974.8 million check she received as part of their divorce settlement after having previously denying it.

Divorce Settlement

In November, a judge awarded Arnall a divorce settlement of almost a billion dollars to be paid by her ex-spouse, Harold Hamm, the founder and CEO of oil driller Continental Resource. While Hamm’s attorneys found the settlement to be “fair and equitable,” Arnall’s attorney countered, saying the award equalled less than 6% of what the couple’s wealth was.

Initial reports said Arnall was not accepting the check. She clarified that those reports “are not accurate,” and that she was waiting to hear results from a court hearing before putting the money into her bank account. The check, offered by Hamm on Jan. 6 was meant to avoid interest building on the balance while her appeal progressed. When she deposited the check, Hamm’s legal team immediately surmised she was not going to appeal the decision.

Still Appealing

“I will not dismiss my appeal and do not feel that my right to appeal should be denied because I have accepted, in the interim, a small portion of the estate that we built over more than two decades,” Sue Ann Arnall said.

“I believe it is unfair that any woman’s property be controlled by a former husband,” she says. “During our 26-year marriage, and during the nearly three years this case has been pending, Hamm has had complete control and full use of the assets we built together, while I have patiently waited for access. I was simply not willing to wait several more years while the appeal is pending.”

Divorce Settlement “not fair and equitable.”

She adds: “I still believe that the trial court’s award was not fair and equitable.” Her decision to cash the check, she says, followed “much consideration and discussion with my adult daughters,” and was made “in the interest of my family, my privacy and my future as a business owner and philanthropist.”

Source: People, Billion-Dollar Oklahoma Divorce Case Not Over Yet, Says Oilman’s Ex-Wife, January 13, 2014

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 Divorce Family Law High Net-Worth Divorce Marital Property Division Spousal Support

Lessons from Chris Rock’s Divorce and Prenuptial Agreement

Negotiation versus Litigation in a Slip and Fall Case

A lesson to be taken from Chris Rock’s divorce: review your prenuptial agreement.

The Divorce

The comedian just recently his announced his divorce from wife Malaak Compton-Rock. Rock is seeking shared custody of the couples two daughters.

Prenuptial Agreement Expired

According to court documents, it seems the prenuptial agreement the couple entered into when they married in 1996 has expired because the couple has been together for so long.

But how?

Sunset Provision

Two words: sunset provisions, also known as expirations in prenuptial agreements. While sunset provisions aren’t too common, they are a planning tool that can be an essential part of a client’s financial picture. This is especially the case when one of the spouses is significantly wealthier than the other. What a sunset provision does is entitle one spouse to receive a set amount of assets should the marriage remain intact for a certain length of time.

“Many times, it’s assumed that these agreements never expire, but that’s not necessarily the case,” says Avani Ramnani of Francis Financial Inc. “We encourage clients to revisit them every four or five years. Refresh your memory and make sure you’re following the stipulations that are in the prenup.”

Revisiting Prenuptial Agreement

Because of these sunset provisions, it’s important that you (and your spouse) revisit your prenuptial agreement to ensure that provisions still apply. Bringing in an attorney can help you to assess the agreement’s validity.

“It’s good to do a quick review, but you should seek legal help to evaluate that prenup and make sure that it’s valid, followed and taken into account while planning,” says Ramnani.

 

Source: Investment News, Chris Rock’s divorce offers lessons in divorce planning, December 30, 2014

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 Mediation

Collaborative Divorce

Negotiation versus Litigation in a Slip and Fall Case

Divorce doesn’t have to be a traumatic process according to practitioners of collaborative divorce.

Collaborative Divorce

Collaborative divorce approaches the divorce process from a different place – a place where you can avoid the court system while putting negotiations and decisions into the hands of the spouses. By utilizing specially trained professionals, opuses are able to come to a decision together.

Collaborative Divorce v. Mediation

Collaborative divorce should not be confused with mediation. In mediation, a couple works with one neutral party. But in collaborative divorce, each spouse has their own team of professionals – including their own attorney, financial advisors, etc. Both spouses and their respective teams meet to identify issues and create solutions.  The time it takes to work through the process is heavily dependent on the issues that need to be worked out. The International Academy of Collaborative Professionals did a survey on the duration of the process and found 58 percent of collaborative divorce cases were completed in less than nine months.

Professionals

The types of professionals you will need for your collaborative divorce team will vary based on the specifics of your divorce. Professionals may include:

  • financial neutrals
  • child specialists
  • mental health professionals
  • business valuators
  • real estate evaluators

This team can help you emerge with a solid footing following your divorce. “You can tell who’s gone through the collaborative process vs. litigation,” said Amy Wolff, a specialist in the financial issues associated with divorce. “The clients who have used the collaborative option emerge from the process more ready to focus; they can bounce back more quickly.” Approaching divorce with the mindset of it being “collaborative” can help ease the tensions surrounding the divorce process.

Source: CNBC, Collaborative divorce can ease emotional, economic stress, May 2, 2014

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Divorce Family Law Marital Property Division

How to Divide Marital Property

When You Might Consider a Lawyer for Personal Injury Claims

Divorce is not an easy experience, emotionally. But it can be even more difficult when you and your soon-to-be ex-spouse need to divide marital property.

Talk to A Marital Property Lawyer

If you have significant property or assets or significant debt, you should consider calling a marital property division lawyer prior to even filing for divorce. If the amount of property, assets, or debt are really significant you might want to son cider hiring a lawyer just for that aspect of your divorce, and another lawyer to handle the actual divorce.

Here’s some basic information to help you understand what happens when you have to divide marital property.

Prenuptial Agreement

The first thing a lawyer and a court will need to know is “was there a prenuptial agreement made prior to the wedding?” Typically prenuptial agreements outline what will happen to property gained during a marriage, while also outlining each spouse’s separate property prior to the marriage.

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.

Court Decision

If you are not able to settle how the marital property will be divided through mediation or collaborative law, a court will decide how this property will be divided. A judge will sign off on the agreement once it has been determined. Until that point, any marital property will belong to both of you, regardless of who is living in it, using it, or has control of it.

Contact a family law attorney, such as the ones with Divorce Law LA, to help with marital property division.

Source: California Courts, Property and Debt in a Divorce or Legal Separation, 2014

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Divorce Family Law Spousal Support

How Do Courts Award Spousal Support?

Negotiation versus Litigation in a Slip and Fall Case

Spousal support, also called alimony, is the payments that one spouse makes to another spouse after a divorce in order to maintain the former spouse’s standard of living. But how is spousal support determined when it comes to who pays who and how much?

California Law Regarding Spousal Support

California law dictates that a court determines spousal support awards after carefully reviewing various factors, including: the length of the marriage, the income of each spouse, the age of each spouse, the standard of living during the marriage, and the assets that will be available to each party once the divorce agreement is finalized. A court may also consider other factors it deems fit.

How Long Does Spousal Support Last?

A court will determine how long the spousal support payments be made. Often times this is for a set period time, but also dependent on if the spouse receiving the support marries or has a change in their financial standing (as the result of a job or higher pay). The court determines the duration of spousal support by following certain general equitable principals and guidelines that have been set forth and determined by common law case histories. While circumstances vary, a court rarely awards “lifetime support.”

General Rule of Thumb:  Spousal support payments will be made for half the length of a less than 10 year-long marriage.

Spousal Support Not Always Awarded to Woman

There are some noted changes in how courts award spousal support. Since the majority of married women work outside of home now, spousal support is not always awarded to women (as was the trend years ago). Therefore, the court will usually require the higher earner, either husband or wife, to assist the lower earner with maintaining the standard of living, at least for a period of time.

Source: CA Divorce, How Spousal Support is Decided in California, 2014

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 Child Visitation Divorce Domestic Violence Family Law Move Aways (Child Relocation)

Child Custody and Move Aways

Relocating to a new state or new country can be difficult. But that process can be made even more difficult when it means moving away with a child you share with your ex-spouse or partner.

Are You Allowed to Move Away?

The first thing you need to identify is if you are able to move away and relocate your child. A standard rule of thumb when it comes to child relocation and a permanent child custody and visitation order is that neither parent is able to relocate the child unless he or she has received consent (written consent) from the other parent or a court.

Allowing a Move Away

Family law courts consider a number of factors when considering allowing a move away. As always, the court takes the “best interest of the child” into account. These are the other factors a court considers:

  • Is the child stable in the current child custody arrangement
  • Where is the new location? How far away is it from the remaining parent’s household?
  • Financial impact (for both parents)
  • Age of the child
  • How is the current relationship between the parents and the child?
  • How is the co-parenting relationship between both parents?
  • What are the child’s wishes (dependent on the child’s age)?
  • Are there special accommodations needed for the child? Are they available in the new location?
  • What’s the reason for the move?
  • Additional factors the court deems fit to consider

To Note: California Family Code section 7501

Under the California Family Code section 7501, “a parent entitled to custody of a child has a right to change the residence of the child, subject to the power of the court to restrain a removal that would prejudice the rights or welfare of the child.” Therefore, the custodial parent of a child does not have to prove that the move away is necessary, since they have been awarded the legal right to have the child live with them.

Modification of Court Orders

A move away request is considered a modification of court orders. Therefore, it’s important to be mindful of the current custody and visitation rights you have prior to the move away.  You will need to get the other parent’s written agreement as well as the court’s permission in order to proceed with your move away. You might want to consider working with a move away attorney to help that your move away is legally done and you don’t risk jeopardizing your current agreement.

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

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