Tag: celebrity divorce

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Divorce Family Law Marital Property Division Spousal Support

Kaley Cuoco Divorce

After 21 months of marriage, Kaley Cuoco has filed for divorce from husband Ryan Sweeting.

Kaley Cuoco Divorce

Kaley Cuoco, 29, and Ryan Sweeting, 28, have decided to end their marriage, listing their date of separation as Sept. 3, and announcing the split via Cuoco’s rep on Friday Sept. 25, with this:”Kaley Cuoco and Ryan Sweeting have mutually decided to end their marriage. They ask for privacy at this time. No further statement will be issued regarding this matter.”

The two have cited “irreconcilable differences” as the reason for the split. Additionally, the TV star and tennis player signed a prenuptial agreement one month prior to saying their wedding on Dec. 31, 2013. In that document, the couple agreed to both spousal support and property assets.

Spousal Support

Alimony, also known as “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, in this case Cuoco, who is said to be the highest paid actress on TV, to assist the lower in maintaining that standard of lifestyle that was achieved during the marriage.

Awarding Spousal Support

In California a judge can award temporary (“pendente lite”) support either during the divorce proceedings, or when the divorce is declared final. Typically these payments are made from one spouse to the other in a specified amount for a predetermined period of time. But support can also be paid in a single lump-sum payment. In collaborative process divorce agreements, spouses often come to agreement on the terms and conditions of support payments. As long as this agreement meets legal requirements, a court will uphold an agreement. This is the case even if the agreement provides for a complete waiver of support to the lower-earning spouse.

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Calculation of Spousal Support

California law rules that the purpose of awarding temporary spousal support is for preserving the financial status quo, or “standard of living during the marriage” to the greatest extent possible. After a court evaluates and considers the needs of the spouse requesting the support, as well as the ability of the other spouses ability to pay, it can order the temporary spousal support in any amount. Typically, a court will use a common formula for calculating temporary support. One example of this formula is the Santa Clara County formula. This formula comes up with a figure through subtracting 50% of the lower-earner’s net income from 40% of the higher earner’s, and then makes adjustments for tax consequences and child support payments. The California Department of Child Support provides a support calculator for parents of dependent children looking to get a rough estimate of what temporary spousal support payments might look like along with child support payments. A family law attorney will also be able to provide you with a rough idea of what your payments will look like.

Standard of Living

Spousal support’s main purpose is to assist a supported spouse in maintaining a standard of living that was close to that which was attained during the marriage. But the goal is for the spouse receiving the payments to eventually become self-supporting to the greatest extent possible. A court will take the following into account:

  • marketable skills of the supported spouse,
  • job market for those skills,
  • any time or expense the supported spouse will need to acquire education or training for employment or enhanced employability, and
  • the extent to which periods of unemployment (due to domestic duties) during the marriage have impaired the supported spouse’s present or future earning capacity.

The court will also consider any other factors, including:

  • extent to which the supported spouse contributed to the other spouse’s attainment of education, training, professional licensing or career advancement (this can also mean the extent to which the supported spouse provided and maintained home life while the other spouse was advancing his or her career)
  • ability of the supporting spouse to pay support. A court will take into account earning capacity, earned and unearned income, assets, and standard of living,
  • needs of each party based on what the marital standard of living was,
  • each spouse’s obligations and assets, including separate property,
  • duration of the marriage,
  • ability of a spouse who is also a custodial parent to engage in employment without interfering with the interests of dependent children,
  • each spouse’s age and health,
  • documented history of domestic violence by either spouse*,
  • immediate and specific tax consequences to each spouse (often times tax agreements are figured out during the awarding of spousal support and child support agreements),
  • balance of the hardships to each spouse, and
  • the goal that the supported spouse will be self-supporting within a reasonable period of time. This follows a general rule of thumb presumed to be one-half the length of a marriage (unless the marriage was longer than 10 years).

*California courts do not ordinarily consider conduct when making spousal support determinations. But often times, a court will not award support to a spouse that has a proven history of violence toward the other spouse.

Duration of Spousal Support

In California, the duration of spousal support agreements are often tied to the length of the marriage. A general rule of thumb is that for a marriage of less than 10 years, a court will not order support payments be made for longer than half the length of the marriage. But if a marriage has lasted 10 years or longer, a court typically will not set a definite termination date for support. Both spouses are able to request modifications to the spousal support agreement indefinitely, unless a termination date has specifically been agreed, or if the court expressly terminates the support at a later hearing.

Awarding Permanent Support

Sometimes support is labeled “permanent” support, but the actual awarding of permanent support lasting for the remainder of a lifetime is increasingly rare, even for marriages that last over 10 years. Family law courts in California tend to require a spouse seeking support to make an effort to become self-supporting. A spouse that makes claims that they are unable to work, or unable to become fully employed, is required to support the claim with evidence. Often times this means having a  vocational evaluation. And for long term support orders, the support often gradually reduces over time by a nominal amount. Permanent support is usually only awarded to spouses that are unable to become self-supporting due to age or disability.

Spousal Support Help

Working with a family law attorney can help you understand the process of awarding and receiving spousal support. Many of the laws are specific to the state you will be divorcing in, so it’s important you work with a lawyer that is knowledgeable about your state’s laws.

Property Division

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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.

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

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.

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 Divorce Family Law Spousal Support

Green Will Receive Spousal Support From Fox

Last week, Megan Fox officially filed for divorce from husband Brian Austin Green. The two had just announced they were separating days earlier.

Though it’s unclear why the couple is splitting, according to sources, the two have been separated for the last six months. The couple met 11 years ago on the set of ABC’s Hope & Faith. While the two made quick plans to get married, that was put on hold because the two felt that Fox, who was 18 when they met, was too young to really consider marriage. Green proposed again in 2010, and 24 days later the two were married in Hawaii.

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While the two did not sign a prenuptial agreement, it seems that Fox will be paying spousal support to Green, who has been unable to work because of a car accident the two were involved in last December.

What is Alimony / 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.

Awarding Spousal Support

In California a judge can award temporary (“pendente lite”) support either during the divorce proceedings, or when the divorce is declared final. Typically these payments are made from one spouse to the other in a specified amount for a predetermined period of time. But support can also be paid in a single lump-sum payment. In collaborative process divorce agreements, spouses often come to agreement on the terms and conditions of support payments. As long as this agreement meets legal requirements, a court will uphold an agreement. This is the case even if the agreement provides for a complete waiver of support to the lower-earning spouse.

Duration of Spousal Support

In California, the duration of spousal support agreements are often tied to the length of the marriage. A general rule of thumb is that for a marriage of less than 10 years, a court will not order support payments be made for longer than half the length of the marriage. But if a marriage has lasted 10 years or longer, a court typically will not set a definite termination date for support. Both spouses are able to request modifications to the spousal support agreement indefinitely, unless a termination date has specifically been agreed, or if the court expressly terminates the support at a later hearing.

Awarding Permanent Support

Sometimes support is labeled “permanent” support, but the actual awarding of permanent support lasting for the remainder of a lifetime is increasingly rare, even for marriages that last over 10 years. Family law courts in California tend to require a spouse seeking support to make an effort to become self-supporting. A spouse that makes claims that they are unable to work, or unable to become fully employed, is required to support the claim with evidence. Often times this means having a  vocational evaluation. And for long term support orders, the support often gradually reduces over time by a nominal amount. Permanent support is usually only awarded to spouses that are unable to become self-supporting due to age or disability.

Permanent Spousal Support for Green?

Because permanent spousal support is often awarded to spouses that are disabled, Green could receive permanent spousal support, as it seems he has been unable to work due to an accident the couple was involved in last December.

Calculation of Spousal Support

California law rules that the purpose of awarding temporary spousal support is for preserving the financial status quo, or “standard of living during the marriage” to the greatest extent possible. After a court evaluates and considers the needs of the spouse requesting the support, as well as the ability of the other spouses ability to pay, it can order the temporary spousal support in any amount. Typically, a court will use a common formula for calculating temporary support. One example of this formula is the Santa Clara County formula. This formula comes up with a figure through subtracting 50% of the lower-earner’s net income from 40% of the higher earner’s, and then makes adjustments for tax consequences and child support payments. The California Department of Child Support provides a support calculator for parents of dependent children looking to get a rough estimate of what temporary spousal support payments might look like along with child support payments. A family law attorney will also be able to provide you with a rough idea of what your payments will look like.

Standard of Living

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Spousal support’s main purpose is to assist a supported spouse in maintaining a standard of living that was close to that which was attained during the marriage. But the goal is for the spouse receiving the payments to eventually become self-supporting to the greatest extent possible. A court will take the following into account:

  • marketable skills of the supported spouse,
  • job market for those skills,
  • any time or expense the supported spouse will need to acquire education or training for employment or enhanced employability, and
  • the extent to which periods of unemployment (due to domestic duties) during the marriage have impaired the supported spouse’s present or future earning capacity.

The court will also consider any other factors, including:

  • extent to which the supported spouse contributed to the other spouse’s attainment of education, training, professional licensing or career advancement (this can also mean the extent to which the supported spouse provided and maintained home life while the other spouse was advancing his or her career)
  • ability of the supporting spouse to pay support. A court will take into account earning capacity, earned and unearned income, assets, and standard of living,
  • needs of each party based on what the marital standard of living was,
  • each spouse’s obligations and assets, including separate property,
  • duration of the marriage,
  • ability of a spouse who is also a custodial parent to engage in employment without interfering with the interests of dependent children,
  • each spouse’s age and health,
  • documented history of domestic violence by either spouse*,
  • immediate and specific tax consequences to each spouse (often times tax agreements are figured out during the awarding of spousal support and child support agreements),
  • balance of the hardships to each spouse, and
  • the goal that the supported spouse will be self-supporting within a reasonable period of time. This follows a general rule of thumb presumed to be one-half the length of a marriage (unless the marriage was longer than 10 years).

*California courts do not ordinarily consider conduct when making spousal support determinations. But often times, a court will not award support to a spouse that has a proven history of violence toward the other spouse.

Modification and Termination of Spousal Support

Either spouse can request modification or termination of periodic payments due to a material change in circumstances, unless it has been specified in the spousal support agreement. Absent a written agreement stating otherwise, spousal support terminates on the death of either spouse, or on the remarriage of the recipient.

Joint Custody

In addition to paying spousal support, another thing that Fox and Green will need to determine is the custody of the two children they share, Noah, 2, and Bodhi, 18 months. Green has a child from a previous relationship.  It appears that Fox has filed for joint physical and legal custody, which means that both her and Green will share full custody.

“Joint Child Custody” means that parents who do not live together still share decision-making responsibilities for, and/or physical control and custody of, the children they have together. This form of custody is able to be awarded to parents that are divorced, separated, no longer living together, and even if they have never lived together. Joint child custody is also the form of custody that is favored by the courts.

Joint Child Custody Arrangements

Joint Child Custody can take various forms, such as:

joint legal custody – where the parents share the decision-making responsibilities.

joint physical custody – where children spend time with each parent separately.

joint legal and physical custody – a combination of the above.

Joint Child Custody – Advantages and Disadvantages

There are advantages and disadvantages to joint child custody. While it ensures children continue contact with both parents, children still need to be shuttled from one parent to the other. This can be a difficult situation for non-cooperative parents, and thus can be a hard situation for children stuck in the middle. Regardless of if parents are cooperative or non-cooperative, it’s crucial that all financial records of groceries, finances associated with a child’s after school activities, medical care, and clothing are kept. In cases where parents argue about these things, a judge will appreciate finely detailed records. If parents can maintain a positive parenting schedule and approach, and keep the child’s best interests in mind, joint custody can be a positive and comforting experience for a child.

A 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 Child Visitation Collaborative Law Divorce Family Law High Net-Worth Divorce Marital Property Division Mediation Spousal Support

Stefani-Rossdale Divorce

Gwen Stefani is citing “irreconcilable differences” as her reason for divorcing husband Gavin Rossdale.

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“While the two of us have come to the mutual decision that we will no longer be partners in marriage, we remain partners in parenthood and are committed to jointly raising our three sons in a happy and healthy environment,” the couple said in a joint statement. “To that end, we respectfully request privacy from the media during this time.”

After touring together, Stefani, 45, and Rossdale, 49, were married in 2002. The No Doubt lead singer and Bush front-man have been rock royalty ever since the late 90’s.

According to the tabloids, the two have spent some time apart recently. Stefani recently posted pics to her Instagram showing her and her sons on a mini getaway in Montana. It was unclear if Rossdale joined the family for the vacation, as his Instagram suggested he was in London. But even just last year Rossdale took on tabloids that reported that the couple was headed for divorce, denouncing the rumors as a “load of bulls–t.”

“I’m pretty dry and I’ve got a decent sense of humor, so [reporters] say to me, ‘You’re doing this, you’ve got a new record…’How do you guys find time for each other?'” he said while appearing on The Howard Stern Show. “And I said, ‘We don’t, that’s why we’ve been together so long.’ I was f–king around, that’s funny to me. Where I’m from, that’s funny. And it was funny, for about a week, and then it’s like, ‘oh…interesting.’ So it’s just me and my big mouth.”

And just a few months ago in Cosmopolitan‘s March issue, Stefani said “I never really saw myself landing a guy that hot. I don’t know if I was a nerd in high school, but I definitely wasn’t the super-cute cheerleader so I never saw myself getting somebody like that.”

When speaking of her marriage and what made it work, she said  “We go through so much together—it’s a miracle that we could stay together this long.”

She went on to say, “[Gavin’s] on a short tour right now, and he wrote me the sweetest note this morning. It’s good to have those days when we both do our own things. I think that’s what keeps relationships going, when both people can be themselves and have their own individuality.

“That’s especially important for women,” she added. “It’s hard to find time for yourself.”

Stefani cited irreconcilable differences as the reason for the split in her divorce filing. Rossdale filed his response at the same time.

Irreconcilable Differences

Irreconcilable differences means you and your spouse are not able to agree on basic, fundamental issues involving the marriage or your family, and you never will agree. While there is no set rule, the following are reasons for why a couple might decide to file:

  • Conflict of personalities
  • Emotional needs are not being met
  • The marriage is suffering from financial difficulties
  • Long physical separation
  • Difference in interests
  • Resentment
  • Distrust
  • Constant bickering
  • Irreversible antagonistic feelings

If you are experiencing any of these feelings and are unable to work things out with your spouse, you may consider divorce. Working with a lawyer is the first step to determining how you should file for divorce. California is a no-fault state, which means that you cannot blame your spouse for the end of the marriage, even if it is ending because of infidelity. You will want to work with a lawyer to determine your state-specific laws, though most states have “no-fault” options, such as irreconcilable difference.

Joint Custody

The couple shares three sons: 9-year-old Kingston, 6-year-old Zuma and 1-year-old Apollo. According to court documents, both Stefani and Rossdale have sought joint custody.

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There are various situations that fall under the umbrella of “joint child custody.”

What is “Joint Child Custody”?

“Joint Child Custody” means that parents who do not live together still share decision-making responsibilities for, and/or physical control and custody of, the children they have together. This form of custody is able to be awarded to parents that are divorced, separated, no longer living together, and even if they have never lived together. Joint child custody is also the form of custody that is favored by the courts.

Joint Child Custody Arrangements

Joint Child Custody can take various forms, such as:

joint legal custody – where the parents share the decision-making responsibilities.

joint physical custody – where children spend time with each parent separately.

joint legal and physical custody – a combination of the above.

Joint Child Custody – Advantages and Disadvantages

There are advantages and disadvantages to joint child custody. While it ensures children continue contact with both parents, children still need to be shuttled from one parent to the other. This can be a difficult situation for non-cooperative parents, and thus can be a hard situation for children stuck in the middle. Regardless of if parents are cooperative or non-cooperative, it’s crucial that all financial records of groceries, finances associated with a child’s after school activities, medical care, and clothing are kept. In cases where parents argue about these things, a judge will appreciate finely detailed records. If parents can maintain a positive parenting schedule and approach, and keep the child’s best interests in mind, joint custody can be a positive and comforting experience for a child.

Spousal Support

According to court documents, Stefani checked the box to terminate Rossdale’s ability for spousal support.

If you are getting divorced, and are seeking spousal support, or are expected to pay spousal support payments, there are some important things you’ll want to understand. A family law attorney will be able to walk you through the specifics of your case, but here we’ll provide you with a general overview of aspects of spousal support including: the awarding of spousal support, tax laws, and what can happen if spousal support payments are not made.

Defining Spousal Support

Spousal support (also known as alimony) is financial assistance that is only available to those who were legally married. It recognizes a partner’s contribution to the marriage and its goal is to help the recipient achieve financial independence. Rules regarding alimony vary state by state.

Calculating Spousal Support

When a court presides over a spousal support hearing, it weighs a number of factors including: the length of the marriage, the needs of each spouse, the standard of living that was created and maintained during the marriage, any assets, the age of the spouses, numerous other factors, and state specific laws. Your divorce attorney will build your case for spousal support based on your own specific circumstances.

Length of Spousal Support

The duration of spousal support payments is set by the court after it weighs the arguments that have been made. Typically, the length of payments lasts for half the length of a less than 10 years long marriage. For example: a marriage of six years means the spousal support payments will need to be paid for three years.

In longer marriages, a court might not set an a duration for the alimony payments. In that case, it is up to your divorce attorney to prove your side of the case and the duration. You should work with your divorce attorney to establish your side, regardless of if you are paying or receiving payments, and also determine the amount of time you seek. The court will then listen to both arguments, and using common law, decide upon the duration.

Permanent or Lifetime Spousal Support

“Permanent” or “Lifetime” spousal support means support will be paid to the recipient until the death of the one paying, or sometimes until the recipient remarries. While remarriage has been a reason for the end of spousal support payments, that is not always the case, and sometimes a court will rule that a remarriage does not mean the end of the support payments.

As women became a stronger component of the workforce, permanent support began to be rewarded less and less. And now courts rarely award permanent support. One appellate court stated:

“As recognized by our Supreme Court, the public policy of this state has progressed from one which entitled some women to lifelong alimony as a condition of the marital contract of support, to one that entitles either spouse to post-dissolution support for only so long as is necessary to become self-supporting.”

A court will usually require the higher earner, regardless of if they are husband or wife, to assist the lower earner with maintaining the standard of living, at least for a period of time.

Changes in Financial Situation

The duration of spousal support payments can also be dependent on if the spouse receiving the support has a change in their financial standing (as the result of beginning a new job or higher pay). The purpose of spousal support is to ensure financial safeguards for the person receiving them. Therefore, if they no longer need to receive money to help them maintain financial footing, then a court can rule that they are able to support themselves and no longer need the support they have been receiving.

A Family Law Attorney

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

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Divorce Family Law High Net-Worth Divorce Marital Property Division

Miranda Lambert and Blake Shelton Divorce

After four years of marriage, Miranda Lambert and Blake Shelton have decided to divorce.

Miranda Lambert and Blake Shelton Divorce

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After meeting 10 years ago when they performed together at the CMT concert, Miranda Lambert, 31, and Blake Shelton, 39, quickly became country’s golden couple. They were married in 2011 in Boerne, Texas. But now it looks like that golden couple has come to an end.

“This is not the future we envisioned,” their representatives said via statement. “And it is with heavy hearts that we move forward separately. We are real people, with real lives, with real families, friends and colleagues. Therefore, we kindly ask for privacy and compassion concerning this very personal matter.”

In 2011, Shelton became a judge on The Voice. Lambert won a Grammy for best country album for Platinum earlier this year. 

In a recent interview with Marie Claire, Lambert spoke about her relationship with Shelton, saying, “I’m not sunshine and roses. Blake’s the happiest person on the planet. He pulls me out of my darkness… Literally, everything is the best about being married.”

When USA Today asked about the status of her marriage last year, Lambert said, “I’m happy. You’ll have to ask Blake how he feels.”

“Blake’s really broken up over this,” says a source close to Shelton. He filed for divorce in his native Oklahoma July 6. It seems that she is as well – recently breaking down during a July 18 concert in Cheyenne, Wyo. According to a source close to Lambert, “She’s very heartbroken, sad, and confused.”

Quick Divorce

While it appears the pair’s divorce was granted only two weeks after Shelton filed, the standard length of time it takes in California is 6 months. Timelines will vary by state, so you’ll want to work with an attorney to find out how quickly your divorce is able to take place. Keep in mind, this is a minimum amount of time. Exact time will be based on your specific conditions and your state.

Lambert’s and Shelton’s divorce might have happened quickly, but according to sources close to the couple, the split itself was a long time coming, and that “Both of them have been unhappy for while.”

Despite the couple’s agreement to not go more than two weeks without seeing each other, an insider says “they were rarely together,” and that “Distance was a major factor.”

Celebrity Divorces

By now we all know that divorce is common in Hollywood. But that seems to be the case in regular life as well. Or is it?Up until a few recently released studies, we also believed the divorce rate was 50% and that one in two marriages ended in divorce. But the idea that America is a divorce crisis might not be all that accurate. We actually might be in the middle of an actual marriage (as in getting married) crisis. Seems like a ton of people are questioning how blissful “wedded bliss” actually is.

Some Statistics

couple getting divorced

Thoughts on divorce and marriage might be shifting in a way that we weren’t quite aware of. Consider these statistics:

  • Though the overall divorce rate is dropping slightly across the nation, it’s actually on the rise among 25- to 29-year-olds. All this is according to the latest U.S. Census.
  • One in 10 first marriages fails within five years.
  • There are fewer marriages actually happening in the first place. According to Pew Research Center analysis, only 51 percent of adults today are married. That’s compared to 72 percent in 1960. From 2009 to 2010 alone, new marriages fell 5 percent.
  • According to government data, more than half of the births by women under 30 now occur out of wedlock.  “This is quite amazing,” says Helen Fisher, Ph.D., a biological anthropologist at Rutgers University. “A hundred years ago, if you had a child out of marriage, you’d be a social disgrace. Today women feel comfortable enough economically and culturally to bring up a child without a recognized commitment from a man.”

So maybe we have a marriage problem, not a divorce problem.

But when it comes to divorce, it’s usually not a decision that is made lightly… although, there are some bizarre reasons.

Weird Reasons for Divorce

Just like every marriage has its own strengths and weaknesses, ever divorce has its own reasons. But sometimes those reasons are really od. Take these for example:

“Guantanamo.” A Saudi woman filed for divorce after she found out her husband had nicknamed her “Guantanamo” in his cellphone. According to Al Arabiya news, she discovered the unflattering nickname when she called his cellphone and realized he had left it at home. The man defended himself, saying the nickname was to protect the couple’s privacy. “I don’t want people sitting around me to know that this is my wife calling,” he said.

Parrot Spills the Beans. According to ABC News, a Chinese woman learned of her  husband’s infidelity from the couple’s pet parrot when he started  saying the words “divorce,” “I love you,” and “be patient.” She took the parrot with her to the divorce lawyer.

Too Many Cats. When people hate cats, they really hate cats. And when they love them, they really love them. Apparently, enough to give up their marriage.  According to the Times of Israel, a man divorced his wife after she brought home 550 cats. In court he said he was unable to sleep on the bed and unable to eat meals because the cats were always in the way or stealing his food. The woman refused to give up the cats so the husband decided to give up the marriage.

Chances are your divorce won’t be for reasons like this. The more common reasons people get divorced are these:

Lack of communication. When you are unable to communicate due to a lack of sharing feelings, or not keeping your partner in the loop about what’s happening with you emotionally, you create distance. A successful relationship has open lines of communication where things can be resolved. Additionally, chances are you both feel as if something is being left unsaid, which can multiply over time and become a much larger issue than had you just confronted the issue from the beginning.

Financial Issues. Money, and lack of it, can lead to a lot of problems in relationships. You and your spouse might have different mindsets about money. You need to sit down and decide on what your financial goals are and then create a way to reach them. Working together and understanding what each spouse wants can help ease a low flow of money.

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.

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.

Family Law Attorney

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 Child Visitation Collaborative Law Divorce Family Law High Net-Worth Divorce Marital Property Division Mediation

Garner and Affleck Divorce

After months of tabloid speculation, a rep for Hollywood power-couple Ben Affleck and Jennifer Garner recently confirmed the couple has decided to divorce. The news comes just a day after their tenth wedding anniversary.

Ben and Jen Divorce Statement

In a statement released by the couple, Affleck, 42, and Garner, 43, had this to say: “After much thought and careful consideration, we have made the difficult decision to divorce. We go forward with love and friendship for one another and a commitment to co-parenting our children, whose privacy we ask to be respected during this difficult time. This will be our only comment on this private, family matter.”

Mediation

According to a source close to the couple, Affleck and Garner have been working with a mediator. The source had this to say: “This isn’t going to end up in a dramatic court case, they are trying to resolve it as quickly and easily as possible. Ben and Jennifer have been separated for more than six months. They have been seeing counselors for years. The situation is that people change and they grow apart.”

Mediation, when employed at an early stages of divorce proceedings, has proven to be beneficial for both parties looking to avoid substantial litigation costs and the adversarial nature of a drawn out separation and divorce process. It’s not uncommon for mediation to allow for cases to be settled before they go to actual trial. Because if its more harmonious nature and the fact that costs are usually lower in comparison to drawn out litigious cases, the mediation process is becoming increasingly preferred.

Resolution of conflict between spouses is a delicate process and requires a skilled Divorce and Family Law Mediator to serve as a neutral buffer between the high emotions of a couple on the verge of divorce. The attorneys at the Southern California Law Offices of Divorce Law LA can assist you through the process of deciding whether a divorce settled through mediation and collaborative law is the right choice for you, or if full litigation is required to adequately settle your divorce.

Affleck has been sighted staying in hotels over the past few months. Yet, it seems the couple has decided that he will remain on the property of their Brentwood home, though he will not share the main house. It’s unclear if this is a permanent or temporary arrangement.

Love, Marriage, Children, Divorce

The couple met on the set of “Pearl Harbor” and went on to star alongside each other in the movie “Daredevil,” which was released in 2003. “That’s where I found my wife,” Affleck said in a Playboy magazine interview. “We met on Pearl Harbor, which people hate, but we fell in love on ‘Daredevil.'”

Shortly after, in 2005, they were married. During the wedding during a private ceremony in Turks and Caicos, Garner was four months pregnant with their daughter Violet.  The two share three children: Violet, 9, Seraphina, 6, and Samuel, 3.

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Children Changed the Marriage

Garner has spoken to Yahoo! Parenting about how children changed the couple’s marriage: “You just go on a ride together because you don’t know who you’re going to be when you first have a baby and you don’t know who [your partner] is going to be. You have to just hang in there while you figure it out — and have a lot of patience for each other.”

Children can bring unavoidable and unspeakable changes to a relationship and marriage. while you might have thought a child would fit neatly into your life, that is not seemingly ever the case. Having a new addition that needs you constantly can mean big changes for you and your spouse.

In an interview with InStyle magazine Garner said: “When we had our first [child], we had only been together a year. We were babies. It happened so fast, I hardly remember what we were like before the kids got here.”

During the same interview she went on to say she and Affleck had a “mindful” marriage.

“You can’t expect to be courted all the time, and I don’t want to court him right now; I don’t have the energy!” she said. “But we’re definitely in a very mindful place where we’re making an effort to be together, do things at the same time, and be loving.”

It seems the two were realistic about their marriage. When Affleck accepted his best picture Oscar in 2013 for Argo he thanked his wife for “working on our marriage,” adding “there’s no one I’d rather work with.”

Timing of Divorce – Just After 10th Wedding Anniversary

Though it seems odd that the two would announce their divorce just after their tenth wedding anniversary, this is a fairly common time of year to divorce. While January seems to be the big month for divorce (often times couples try to hold things together through the already stressful holiday season), the summer school break is also quite popular. It often makes the most sense for re-locations (should a spouse decide to move) to happen over the summer in case schools need to be changed.

Child Custody and Visitation

While it’s unclear how Affleck and Garner will handle the custody of their children, it is most likely they will share custody. Courts often tend to award joint custody when they can, as long as its in the best interest of the children.

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

Physical Custody: The parent has the legal right to have a child live with him or her.

Legal Custody: The parent has the legal right and the legal obligation to make decisions about a child’s upbringing.

Sole Custody: The parent has either sole legal custody or sole physical custody of a child, or both. Usually courts only award sole custody if one parent has been deemed unfit due to alcohol or drug dependency or charges of child abuse or neglect.

Joint Custody: Both parents share the decision-making responsibilities for, and/or physical control and custody of, their shared children. Joint custody can be joint legal custody, joint physical custody (where the children spend a significant portion of time with each parent), or both.

Co-Parenting

In a joint custody arrangement parents are asked to work as part of a co-parenting arrangement. In this arrangement, both parents must create a schedule based on each parent’s work requirements, housing arrangements, and the children’s needs. If parents are not able to come to an agreement when it comes to co-parenting, a court will impose an arrangement.

Various arrangements include:

  • alternating weeks, months, six-month periods, years or
  • spending weekends and holidays with one parent and spending weekdays with the other
  • “bird’s nest custody” or “nesting” during which the children remain in the family home while the parents take turns moving in and out. This can be successful because it does not disrupt the children’s lives that much – they are able to remain in one home and do not have to alternate between their parents’ homes. During the time away from the children the parents each live in a separate apartment or home of their own.

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Parenting During Their Relationship

Garner had this to say of the couple’s parenting abilities:

“For better or worse, I tend to be the one who says, ‘This is what needs to happen.’ I know who wants what lunch, and I’ve done all the school paperwork and filled out the emergency cards. Ben doesn’t know that stuff exists,” she said.

“He is in charge of laughter. No matter how much I tickle them or toss them or chase them around, it’s not the same. If I’m the slow, steady drumbeat, he’s the jazz.”

Co-parenting after a divorce can be difficult. As long as both spouses are able to keep the best interests of their children in mind it can be successful.

Signs of Trouble and Legal Separation

Marriage is not easy and can take a lot of work. This can often mean working with a relationship therapist. Couple’s often decide to separate prior to their divorce, as a way to test the waters and determine if they truly want to be apart from each other. It’s advised that even if you do not decide to seek a divorce, that when you do separate, you file for legal separation. Legal separation is a legal process where the couple receives a court order that says they are separated, but does not mean the couple has actually divorced.  Often times couples will obtain a legal separation as an alternative to a divorce, because of moral or religious objections to divorce.

Legal separation also does not automatically lead to divorce. There have been numerous times where couples have decided to reconcile and continue their marriage. Should they wish to proceed with a divorce after a legal separation, the couple will still need to file for divorce explicitly.

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
Child Custody Child Support Divorce Family Law

Hilary Duff Talks About Divorce

Just a few weeks after officially filing for divorce, Hilary Duff is opening up about her divorce.

Divorce

In the April issue of Cosmopolitan, Duff opens up about her divorce from retired hockey player Mike Comrie. The two were married for four years and share one son, Luca.

“Mike and I were very in love when we met,” Duff, 27, said. “We both really wanted to get married. I’d been working since the age of 11 or 12, so making that choice at a young age seemed right for me. Maybe it wasn’t, but we spent the majority of our time together really happy.”

Grew Apart

She goes on to say that eventually the two just started to grow apart. “It wasn’t working well enough to stay together, but there was still a lot of love involved,” she said. “It was just a slow set-in of us not being the match that we used to be. I’m lucky for the person he is and I am and how we decided to handle this.”

Life After Marriage and Divorce

Post-marriage life has caused Duff to look at love and relationships a little differently.

“I don’t want to sound bitter because I’m definitely not, but I don’t know if people are meant to be together forever. Things happen over a long relationship that you can’t always fight. A marriage of 20 years, the accomplishment of that must feel really great, but there are also huge sacrifices. I just always want to fight for happiness.”

Source: ABC News, Hilary Duff Speaks Out About Filing For Divorce, March 4, 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

Ryan Adams and Mandy Moore Decide to Divorce

When You Might Consider a Lawyer for Personal Injury Claims

The self titled album that Ryan Adams released in 2014 had a more gloomy and downcast tone than previous releases. That tone was initially attributed to to singer’s battle with Ménière’s disease (an inner ear disorder that affects balance and hearing) and the death of his grandmother. But perhaps there’s another reason for the singer’s melancholy: his divorce from singer Mandy Moore.

Divorce

After 6 years of marriage the rocker and pop star are splitting up. In a joint statement released by the couple it was announce that “Mandy Moore and Ryan Adams have mutually decided to end their marriage of almost six years. It is a respectful, amicable parting of ways and both Mandy and Ryan are asking for media to respect their privacy at this time.”

Marriage

Just four weeks after announcing they were engaged, the singers were married in March 2009 in Savannah, Georgia. The two have collaborated on multiple songs through the years. Adams worked with Moore on her next studio album. Moore also sang back-up vocals on Adams’ 2011 album Ashes & Fire and Ryan Adams‘ “Trouble” and “Am I Safe.”

Private

The two are notorious for keeping their relationship and marriage out of the headlines. Last year, Adams commented, “I’m a private person and I’ll be a gentleman and say I’m not talking about my marriage ever. I’ll never talk about it. Ever.” Adams is set to tour with Jenny Lewis this spring.

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

Source: Rolling Stone, Ryan Adams and Mandy Moore ‘Mutually Decided to End Their Marriage,’ January 24, 2015

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 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

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