Category: Spousal Support

Divorce Law LA blog posts about spousal support.

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Child Custody Child Support Divorce Family Law Spousal Support

Considerations for a Short-Marriage Divorce

Sometimes marriage doesn’t work out. And sometimes, you realize that fairly quickly. If you’ve only been married for a short amount of time and are now considering divorce, there are some factors you’ll want to consider.

Short-Term Marriage: Not Uncommon

Short-term marriages are not unusual. Some couples think that a marriage will help to heal a relationship. Factors such as not living together, or jealous thoughts can often feel “solvable” with a marriage. And that’s not often the case. According to the US Census Bureau, 11.5% of marriages that happened during 1995 to 1999 never lasted till the fifth anniversary. 

Divorce Considerations

Even after a short marriage it can be difficult to decide to divorce. Divorce hurts. While you might not have as many things that need to be ironed out, such as property division or child custody, they are all things to be considered and presented to a divorce attorney should you decide to work with one. You’ll want to provide the following information to your attorney: details of your marriage date, your income, your soon to be ex-spouse’s income, and employment status. You’ll also need to provide a lawyer with any property you owned prior to the marriage, and property acquired during the marriage (if any was acquired). You’ll also need to provide any information regarding children (if you have them or are pregnant at the time of the divorce). 

Working with a Divorce Lawyer

Seeking the advice of a divorce lawyer can be helpful. Just because your marriage is ending that doesn’t mean you should feel like you’ve failed. A divorce lawyer will be able to walk you through the divorce process, while also providing advice on how to get through this difficult time. 

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

Source: Rosen Law Firm – North Carolina Divorce, The Short Marriage: Divorcing after a Year (or Two), 2015

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

Cannon Filed for Divorce Dec. 12

Negotiation versus Litigation in a Slip and Fall Case

It looks like Nick Cannon and Mariah Carey have officially divorced. The two have been on rocky terms since last year.

Cannon Files for Divorce

Allegedly, the 34-year-old “America’s Got Talent” host filed for divorce on December 12. Cannon spoke openly about the two’s separation last year. Telling The Insider last August that the two had been, “living in separate houses for a few months.” He continued, “(Right now) my main focus is my kids.” Cannon has not been tight-lipped about the two’s separation, often taking to Twitter to express his kind feelings towards his ex-spouse.

Carey in the Spotlight

Carey, 44, was back in the headlines just a week prior to Cannon’s alleged filing after having shown up late to the taping of the Rockerfeller Center Christmas Tree Lighting.

“Last night’s situation was beyond my control. I apologize to all that showed up, you know that I would never want to disappoint you,” Carey tweeted to her 15 million followers. “You’ve kept me here, in your hearts, and I keep you in mine always. We are #lambily! #ThereForMe. I will be opening tonight’s live show in Rockefeller center with “All I Want For Christmas Is You”!!!!” The singer received criticism for not being able to hit some of her famous high notes while performing the song.

Just recently the singer revealed she will be heading to Las Vegas for a residency at Caesars Palace.

Marriage and Divorce

The two were wed in the Bahamas in April 2008. They share 3-year-old twins, Moroccan and Monroe. The terms of the divorce are not yet known, so it’s unknown if child custody has already been determined.

 

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

Source: Daily News, Nick Cannon files for divorce from Mariah Carey: report, January 16, 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 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

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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

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Family Law Spousal Support

Enforcement of Alimony Orders

Statistics indicate over 195k people die from malpractice

People fall behind on alimony payments for a lot of reasons. The impact on those receiving the payments can be extreme. Here’s what to do if your spouse fails to make your alimony payments.

Why?

If you are not receiving the alimony payments the court ordered to be paid to you, try to find out why. Is it the result of job loss? Or an injury that has caused a reduction in income? If this is the case, you might consider working out a plan of action with your spouse to help recover the lost alimony. You might want to work with an attorney to help draft an agreement, to ensure that you’ll eventually receive the alimony payments.

Avoiding Alimony Payment

But if your spouse is just avoiding their court-ordered obligation, then you’ll need to seek legal help. A motion will need to be filed with the court, asking a judge to order your spouse to pay the past payments, as well as a promise to keep up with the future payments. An experienced family law attorney can draft a persuasive legal motion as well as represent your interests in court.

Options

Courts are able to dole out a number punishments or fines for delinquent spouses. They tend to vary from state to state, but for the most part, a court will allow the following:

  • Holding a spouse in contempt, which can lead to fines and possible jail time.
  • Income withholding, during which the delinquent spouse’s employer is required to withhold the alimony amount from the delinquent spouse’s paycheck and send it directly to the spouse receiving alimony.
  • Writ of Execution. This is when a judge awards a portion of the payor spouse’s bank accounts and other assets to the receiver spouse.
  • If the amount owed is substantial, you can ask the court to issue a money judgment for the total amount owed along with interest.

Contact a family law attorney that can help you file a legal action to enforce alimony. A lawyer will be able to ensure you receive the money that is owed to you.

Source: Divorce Net, Enforcing Alimony Orders, 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 Marital Property Division Spousal Support

Legal Separation Compared to Divorce

The greatest difference between legal separation and divorce is that legal separation does not end a marriage or domestic partnership.

Understanding Legal Separation

Typically, spouses that seek a legal separation don’t want to get divorced, or aren’t get ready for divorce, but want to live apart. During this time of living apart, it’s important that certain legalities surrounding money, property, and parenting are agreed to, in order to avoid disputes. Often times legal separation is the first step towards divorce. And the formal judgment that is issued during legal separation can help address and resolve aspects of a marriage. Working out these various aspects of a marriage can help ease the tension of a divorce, should it go that direction. But spouses who are legally separated are not legally free to marry because a neither spouse’s legal status is returned to “single” in the separation process, unlike the divorce process.

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.

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.

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.

Source: Legal Match, What Is 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
Child Custody Child Support Child Visitation Family Law Paternity Spousal Support

Miller Custody Battle

When You Might Consider a Lawyer for Personal Injury Claims

An agreement has finally been reached in the custody battle between Olympic skier Bode Miller, 37, and his ex-girlfriend.

Custody Battle

Five-time world champion Miller and ex-girlfriend, Sara McKenna, 28, a student at Columbia University, have been stuck in a bitter custody battle over their 18-month-old son, Samuel. The two have struck a deal just on the eve of a trial where each were expected to bring witnesses to testify to the psychological impact of the the temporary joint custody arrangement was having on Samuel. The two were also in disagreement regarding the amount of child support McKenna had requested.

Previous Custody Ruling

McKenna is a retired Marine who is attending Columbia on the GI Bill. She gave birth to Samuel during her first semester at Columbia in New York. Prior to the baby even being born, Miller was awarded custody of him in California court. Initially, a New York family court judge supported the California ruling and thus, ordered McKenna to surrender Samuel to Miller. A judge in the Appellate Division in Manhattan overturned that decision, ruling that a custody decision needed to be made in New York (not California) because the baby had been born in New York. As a result, McKenna and the Samuel were reunited. Over the past year McKenna and Miller (along with his new wife, volleyball player Morgan Beck) have shared custody, splitting time between California and New York.

McKenna and Miller

McKenna and Miller had a brief fling while McKenna was in California and McKenna got pregnant. Allegedly, when she got pregnant, Miller did not want to take part in Samuel’s life. Thus, McKenna enrolled in the veterans program at Columbia. She had already accepted the scholarship to Columbia and made plans to move to New York when Miller filed for custody in California.

 

For advice on child custody and paternity, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: Daily News, Bode Miller settles custody fight for son with ex Sara McKenna, November 17, 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 Family Law Marital Property Division Spousal Support

Collins’ Divorce

Negotiation versus Litigation in a Slip and Fall Case

While Stephen Collins’ divorce is scheduled for court on Wednesday, there’s a chance it might not make it to trial.

Ugly Divorce

The actor and his divorce became top news a few months ago when his estranged wife, Faye Grant, taped his confession of molesting young girls decades ago. The two are scheduled to divide their assets after 25 years of marriage.

Divorce attorney Lisa Bloom, has handled some pretty divorce cases herself, but according to her, “This is probably the ugliest case to hit the media.” This is mostly due to the fact that Grant has provided a tape of the couples’ therapy session during which Collins admitted to molesting underage girls.While the audio recording is not admissible as evidence in divorce case, it does turn the spotlight on the case that has been going on for two years.

Determining Division of Assets

While the court will not assign a fault for the divorce, as California is a “no fault” state, the court will look at the martial assets that will need to be divided. “The court wants to find out the pool of assets they’re working with — real property, bank accounts, money coming in from royalties — and generally it’s divided roughly 50-50,” Bloom says. “The court does not want to get into reasons for the divorce; everyone has their reasons, everyone is angry, upset and emotional in divorces.” According to Bloom, “While the tape is not relevant in a California no-fault divorce trial, it may be relevant if the case leads to a settlement, which often happens.”

End of Collins’ Career

Collins has not been charged, but the damage to his career has already been done. He was dropped by his agent and has lost numerous up-coming roles. Grant has said in a recent statement she was not responsible for leaking the audio, and also that the tape has not played a part in the divorce proceedings that have occurred over the past two years. Grant is seeking $13,000 per month in spousal support, as well as half of the couple’s millions in assets which include properties in Brentwood. Collins is hoping to eliminate the spousal support due to the effect the recording has had on his income.

 

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

Source: USA Today, ‘Ugly’ Stephen Collins divorce trial set to begin, November 11, 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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