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Child Custody Divorce Family Law

Is Megan Fox Cancelling Her Divorce?

Megan Fox filed for divorce last August, but now it seems like the actress might be cancelling her divorce from husband Brian Austin Green.

Is Megan fox Cancelling Her Divorce?

While Megan Fox might have filed divorce papers last August, it now seems that she might be cancelling those plans. Fox and Green are not only now expecting their third child together, but they also seem to be celebrating the birth of the child with a romantic Hawaiian vacation.

Green and Fox were recently spotted in Hawaii without their two sons – Noah and Bodhi – for what seemed to be a romantic “babymoon.” Green was seen cradling Fox’s baby bump while she beamed happily. The two have been married for five years, and as it appears, might be cancelling their scheduled divorce.

As Green recently told People magazine, “You know, nothing is planned. None of them are ever planned. You kind of just go with it. At my age, to be having three babies, is crazy. I’ll be 43 this year.” While it is rare, cancelling a divorce is not unheard of.

Cancelling a Divorce

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Just because a couple begins divorce proceedings, that does not mean they have to continue and complete a divorce. In fact, a divorce can even be called off once all the paperwork has been filed.

Stopping a divorce once the paperwork has been filed is dependent on the intentions of both spouses. Namely, both spouses need to agree why the divorce is being cancelled. Both spouses also need to agree to get back together and officially cancel the divorce.

The next consideration is where the paperwork is in the process of the filing. If a judgment has not been formally issued then the parties can stop the divorce upon mutual agreement. Naturally, it’s better to stop the divorce earlier in the process, rather than once it has gone through the majority of the process.

Request to Withdraw Divorce Petition

If both parties have agreed to cancel the divorce, the couple next needs to file a request to withdraw their divorce petition. This may require additional filing fees and court costs, and may also require that the couple attends counseling or mediation so that a court can determine if the decision to cancel the divorce is not only mutual, but based on a sound agreement.

Finalizing Withdrawal

Once the withdrawal is finalized, all divorce proceedings are cancelled, and the couple remains legally married. Property returns to being considered community property and any child custody agreements are cancelled.

Issues to Consider

There are some additional considerations to take if you wish to stop the divorce hearings. They include the following:

  • A spouses can change his or her mind at any point and continue with the divorce
  • Were there any reasons for why a spouse might have considered full custody, such as abuse or neglect? Do these issues need to be resolved before the couple can continue their marriage?

Pretending to Stop the Divorce

Sometimes a couple will pretend to stop the divorce in an attempt to delay the finalization of the divorce. This can be for any number of reasons. Falsely attempting to cancel a divorce may be considered divorce fraud and will be subject to investigation. The party attempting to falsely stop a divorce may face legal consequences, such as contempt of court or even criminal charges. This is why a court will often require counseling or mediation in order to determine that the couple actually wants to continue their marriage.

Working with a Lawyer to Stop a Divorce After Filing

It’s always advised that you work with a family law attorney when it comes to divorce, or stopping your divorce. There are several issues that might arise that a lawyer will be able to provide advice for.

Another Option – Legal Separation

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

Formal Legal Separation Agreement

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

The following should be included in the legal separation agreement:

Spousal Support

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

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

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

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

Why Pursue Legal Separation?

There are advantages with legal separation, including:

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

Steps to Follow for Legal Separation

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

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

Moving Forward with Divorce

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

Working with a Divorce Attorney

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

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

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Divorce Family Law

Aisha Tyler Talks About Divorce

Aisha Tyler spoke openly and emotionally about her divorce after twenty years of marriage during this morning’s The Talk. After just getting a few words out, she began to break down, explaining:

“He’s the person who has influenced me and cared for me the most. In fact, he cared for me even longer than my parents have cared for me and it’s very hard when you love someone very much to also start to realize that maybe you want different things for your lives. That’s a very difficult realization to come to and you don’t want to accept it and you don’t want to believe it.”

The two began dating in college. “I was with this extraordinary person. I had this extraordinary love affair for 25 years of my life and that is how I feel.  I think we did it exactly right,” Tyler said. “We loved each other passionately and lived life fully and we’re trying to let each other go in the kindest way we possibly can and even though we’re separating, all I want for him is joy and fulfillment and whatever he chooses to do in his life next and whatever I can do to help him do, that I want to do that.”

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Tyler went on to add: “He’s a wonderful person. He’s been my best friend for always my entire life. I’ll always love him. I want to say to people out there that are speculating about it, that’s what I’m going to say about the relationship and the rest of it is none of your damn business.”

Separated in 2015

Tyler and Tietjens were separated in 2015, which is different from the formal divorce they filed last week. 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.

You, After Divorce

It goes without saying that divorce is a difficult process. Whether or not there are kids involved, a number of thing need to be worked out: child custody arrangements, child support, spousal support, marital property division. A family law attorney will be able to help you with these aspects of ending a marriage. But you’ll also need help working through the tougher parts of ending a marriage: emotionally tiring and stressful aspects of ending a marriage. Below are some steps to help you through the emotional aspect of a divorce.

Confidence After Divorce

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Divorce can knock your confidence level down to zilch. You’re probably feeling pretty defeated because you weren’t able to hold your marriage together. And if infidelity played a part, then you’re also wondering where you fell short and why your ex-spouse decided to look elsewhere. All that, plus the idea that the whole dating scene has completely changed and now you have to get back out into, can lower your confidence level to below zilch. It’s terrible. But that’s only the first half of the story. Here’s when you re-write the second half.

When you successfully complete something that in your mind you just knew you could not do, you gain confidence. Having to re-frame your assumptions about your weaknesses and limitations, forces you to find a way to believe in yourself. Facing your fears and surviving gives you strength. And after battling through opposition you can emerge, sure, bruised and battered, but knowing that you didn’t give up.

Perspective
Yup, it’s true, hindsight is 20/20. You have to walk through something, get a far way ahead of it, and only then can you look back and see just how important that process was. At that point you can see the beginning, the middle, and the end, and how that end is so clear and empty of emotional and clutter. Take this new clarity and run with it. That perspective can give you amazing information you need to change your own behaviors and to improve your future relationships.

Gratitude After Divorce

After you lose everything, you take nothing for granted. Divorce can be like losing everything:  past memories, your present marriage, and future dreams. Let that be your determination to survive. But this is also a time to lean on friends and family that stepped up and stood by. They will lift you up, even when you can’t lift yourself. Be grateful for them, and try to show them that you are. If not now, then try to later.

Empathy
When you have felt pain, you honor and respect that pain in others. Divorce can make you more empathetic towards people facing any form of loss. You will move towards acceptance and forgiveness of your situation and your ex. And with this movement will come the ability to see things from other people’s viewpoints, making you a better friend, and a better person to be in a relationship with (down the line, when you are ready for one).

Divorce wipes away the ego that believes it’s shameful to ask for help. After you admonish this, you will be able to accept help for yourself, and then be able to offer help to others who are in need.

Responsibility
It’s easy to blame your ex, to place the responsibility for the divorce in his or her hands. We also might realize that all too often we have looked to them to provide happiness, or support for making decisions. This interdependency ends with divorce. It’s good to be interdependent, but divorce requires that you learn to be independent. You’re going to be steering this ship on your own. You’re going to have to be responsible for your own things now: happiness, support, etc. Let this empower you though, rather than make you feel lost or scared. You’re completely in control now. You can change. It’s your life now.

Humility

Divorce teaches us that no matter how much we want something to be true, we can’t force it into being. All those choice you made have consequences. And maybe now you are being forced to see them. Sure, you might have said “divorce will never happen to me,” but now it has. You’re going to have to admit that it can happen to anyone. Let this “slap” of reality force you to embrace acceptance while also redefining expectations. You’re not immune to anything.

Awareness
Divorce can be a wake-up call. Often times people realize they were living in a kind of “auto-pilot” mode when they said their “I dos.” The clarity and awareness you have after saying your “I Un-dos” might provide you with a sense of awareness that wasn’t there before. A lot of people turn to meditation and yoga during divorce because it settles the mind to allow for awareness. This mindfulness and consciousness will be helpful moving forward in your new life.

Ingenuity
Divorce is also a way to test your abilities… all of them. Your negotiating skills, your financial skills, your balanced budgeting skills, co-parenting abilities. You are the only problem solver now. You will need to work out how to afford your rent on a portion of the budget you once had. You will also need to learn how to co-parent, potentially with an ex you hate (for now). But the more you are placed in these new positions, the better you will become at those tasks.

Wisdom from Divorce
Divorce can be an opportunity for reflection and analysis. You are now raw and ready to learn new ways of doing things, in addition to just learning new ways to move on and cope.

Working with 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, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Child Support Family Law

Tomlinson from One Direction Paying $600K in Child Support

Louis Tomlinson, one of the members of boy band One Direction welcomed baby boy Freddie into the world this past January. It looks like Freddie’s mom, Briana Jungwirth, is asking for $600K a year in child support.

Tomlinson from One Direction Paying $600K in Child Support

Louis Tomlinson, 24, became a father in January. It now looks like the mother of the baby, Briana Jungwirth, 23, is requesting £450,000 (roughly $641,954 in US dollars) per year in child support until 2034 when the couple’s son Freddie turns 18. That comes out to $11.5 million over 18 years.

Though Tomlinson and Jungwirth remain friends and are committed to a co-parenting situation, Tomlinson is now dating Danielle Campbell.

Additionally, according to a source close to the singer’s legal team said “there will be little maneuvering over final figures,” adding, “negotiations on both sides are cordial and should be wrapped soon.”

Tomlinson has already been paying a monthly allowance of $1,500 to Jungwirth, and in February purchased a home in Calabasas, CA for her and his son. Tomlinson is currently renting a house in the Hollywood Hills to be closer to Freddie.

Child Support

Children, Sports, and the Increasing Number of Brain Injuries

Child support is a monthly payment that parents pay to help cover the costs associated with raising a child, such as education, health care, and after-school activity costs. Just as every child is different, the amount that needs to be paid is different, and will be based on the child’s needs, in addition to the ability of the parent to pay, in addition to some set legal guidelines.

Typically, the custodial parent – the parent who cares for the child most of the time – receives the child support payments.  And the non-custodial parent – the parent that spends less parenting time – typically makes the payments. It is assumed that because the custodial parent is in legal charge most of the time, that they are already directly spending money on the child. A court is also able to order both parents to pay child support.

In cases where one parent makes more money than the other, such as in the case of Tomlinson and Jungwirth, it makes sense that Tomlinson will need to pay child support – his net worth is estimated to be $23 million.

Usually, child support is paid until the child turns 18, though there are some exceptions. Exceptions include: the child marries, joins the military, or becomes self-supporting. Other times, the support may continue until the child turns 19 if the child is still in high school and lives with a parent. Support can also be extended past the age of 19 if parents agree, or if the child is unable to become self-supporting due to a disability.

Child Support Guidelines in California

While each case will be considered separately and individually, the payment amount a parent must pay is based on California’s child support guidelines.

The guidelines follow a mathematical formula and are based on a number of factors, which we will discuss. You can calculate a rough amount by using California’s Guidelines Child Support Calculator. A court presumes that the amount given by the California’s Guidelines Child Support Calculator is appropriate, but because there are so many additional factors that can weigh into a child support decision, that amount can be unfair. Because of this, it’s advised that you work with a family law attorney that can help you get a fair amount.

In cases with special circumstances, where parents have different time-sharing arrangements than the typical, child support decisions can be difficult to determine. Examples of these special circumstances include: when the parents have equal time-sharing, but one parent has a much lower or higher percentage of income; where the child has special medical needs. In cases like these, a court will need to weigh all these special factors.

Parents are also able to pay more, if it is agreed, and also agree for one spouse to pay less. Regardless of the decision, a court will need to approve the final amount. It’s important to note that a court will always take the child’s best interest into account. This factor will always play into the decision regarding the amount of support payments, so if a couple decides to pay less, then the parents will also need to be able to prove the child’s needs will be met. Paying less support is not an option for parents who have applied for or receive public assistance. Instead, a parent who receives public assistance may agree to support payments that are at or above the amount provided by the guidelines. Additionally,  the local child support services agency must also agree to the lesser amount.

Calculating Child Support Payments

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To calculate what a court will want you to pay in child support, you’ll first need both parents’ net disposable income. This is the difference between gross income and what counts as deductions for child support purposes. You can either consult the California Guideline Child Support Calculator User Guide, or work with a family law attorney to determine what can be deducted.

Gross income is income from the following: salaries, commissions, unemployment, spousal support, and social security benefits. You might even need to include lottery winnings, depending on the amount. You are able to exclude child and spousal support payments actually paid and money from public assistance programs.

After determining gross income, deduct state and federal income taxes, mandatory union dues, and health insurance premiums, among other things. You can either consult the California Guideline Child Support Calculator User Guide, or work with a family law attorney to determine what can be deducted.

You’ll also need to know the following:

  • number of children who need support
  • custody (time-share) arrangement
  • both parents’ tax liabilities
  • whether a parent is already supporting children from another relationship
  • child’s health insurance expenses
  • both parents’ mandatory retirement contributions and other job-related expenses, and
  • all other relevant costs (health care, day care, travel, etc)

Remember that a court will require either one or both parents to contribute to the child’s health care and child care. A court also has the discretion to require  additional payment for the child’s education or special needs, as well as for a parent’s travel expenses for visiting the child.

Remember that after you have calculated your child support payment, that this is just an estimate until a court reviews it and approves it. A family law attorney is a great way to ease this process, as it can be overwhelming to calculate.

You Must Pay Child Support

Every parent that is ordered to pay child support, must do so. A parent that avoids paying by refusing to work or working less very rarely gets away with it. A court can “impute” income. This means that the court will look at factors like employment history, education, and training and come up with an amount of income that a parent should be earning.

Modifications to the Amount of Child Support

Even if a child support payment has been agreed to, it can be modified. This is usually only granted if there has been a significant change in financial or time-share circumstances.

Such circumstances include: job loss, increase in income, or a shift in how much parents are spending with the child. Other reasons include: when a parent has another child with a different partner or when a parent has an extended illness or goes to jail.

When a modification request is made, the court will consider both parents’ current financial situations and time-share. Sometimes when parent’s income has decreased, that parent’s child support payment goes up due to the time-share factor. Child support payments tend to increase when a parent’s percentage of time-share decreases. A court will need to recalculate time-share amounts in addition to the changes in income.

A Family Law Attorney

But when it comes to the actual legal process of determining child support and payment, you’ll want to work with a skilled family law attorney. There are a number of things that a family law attorney will be able to advise you on, including: 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 Mediation

Chris Martin Talks About Divorce

It’s been almost two years since Coldplay frontman Chris Martin and Gwenyth Paltrow announced that they would be “consciously uncoupling.” While Gwenyth may have previously discussed the couple’s divorce, Chris has only recently opened up about it.

Chris Martin Talks About Divorce

As Martin, 39, recently told the Sunday Times, he struggled with depression following the divorce announcement. It’s depression he deals with now. “I still wake up down a lot of days,” he said. “But now I feel like I’ve been given the tools to turn it around.”

“It’s always out there in the media, but I have a very wonderful separation-divorce. It’s a divorce but it’s a weird one,” he said. “It’s funny. I don’t think about that word very often — divorce. I don’t see it that way. I see it more like you meet someone, you have some time together and things just move through … I’ve lived a lot of life since then.”

“You can come at it very aggressively and blame and blame,” he told the paper. “Or you can put yourself in the garage, so to speak. Take yourself apart and clean off the bits. Reassemble.”

One key thing that Martin and Paltrow have kept in mind is their two children – Apple, 11, and Moses, 9. In being able to put their children first, they have been able to remain amicable. This is often the hardest part of divorce – learning how to co-parent.

Learning to Co-Parent

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

Managing Emotions

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

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

Building a Successful Co-Parenting Situation

Give Yourself a  ‘Timeout’

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

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

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

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

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

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

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

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

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

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

Commit to Cooperating

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

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

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

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

You can’t keep living in the past either.

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

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Get it in Writing

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

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

Set High Intentions

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

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

Let Go of Wanting Control

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

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

Silence your Support System

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

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

Keep Your Ego in Check

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

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

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

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

A Family Law Attorney

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

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Divorce Family Law

Swipe for Divorce

For years, technology has proven you can start a relationship with a “swipe.” And now, thanks to a new app, you can also end your marriage with a simple “swipe.”

Swipe for Divorce

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

Wevorce and Separate.us

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

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

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

Simple Divorce

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

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

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

State Laws

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

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

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

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

Working with a Divorce Attorney

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

Child Custody

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

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

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Spousal Support

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

Steps of the Divorce Process

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

Step 1: Decide How to Proceed

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

Step 2: The Divorce Petition 

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

Step 3: Temporary Orders 

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

Step 4: Proof of Service and Responding

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

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

Step 5: Negotiating

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

Step 6: Order of Dissolution

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

Working with a Family Law Attorney

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

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Domestic Violence

Chapman Punished Under Domestic Violence Policy

New York Yankees pitcher Aroldis Chapman was suspended for 30 games under baseball’s new domestic violence policy.  He is the first player to be suspended under the new rules which were published last August.

Chapman Punished Under Domestic Violence Policy

Despite the fact that Chapman had vowed to appeal any potential suspension, on hearing of the sanctions, he released a statement saying he would not appeal. The suspension is slated to start when the regular season opens.

“I am gratified that Mr. Chapman has taken responsibility for his conduct,” said Commissioner Rob Manfred, “that he has agreed not to appeal the 30-game suspension, and that he has agreed to comply with the confidential directives … to ensure that a similar incident does not occur in the future.”

The announcement did not give any details regarding additional disciplinary actions Chapman was facing. Potential actions under the policy include: counseling, relinquishing of weapons, and relocation from a home shared with a partner. Any of these actions are confidential under the policy.

Domestic Violence Allegations

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According to a police report, Chapman allegedly choked his girlfriend during a dispute at their Florida home. The pitcher then allegedly fired eight shots from a gun into the garage. While Chapman acknowledged firing the weapon, he also said, “I never hurt anyone.”

Additionally, Chapman said: “I want to be clear, I did not in any way harm my girlfriend that evening. However, I should have exercised better judgment with respect to certain actions, and for that I am sorry.

The decision to accept a suspension, as opposed to appealing one, was made after careful consideration. I made this decision in an effort to minimize the distractions that an appeal would cause the Yankees, my new teammates and most importantly, my family.”

Despite the fact that after initial investigation, authorities declined to file charges, citing and insufficient evidence, the baseball commissioner is still able to suspend a client under the league’s domestic violence policy. Manfred considered public documents before coming to his decision to suspend Chapman.

“I found Mr. Chapman’s acknowledged conduct on that day to be inappropriate under the negotiated policy, particularly his use of a firearm and the impact of that behavior on his partner,” Manfred said.

Prior to the suspension, the LA Dodgers had agreed to trade for Chapman, but have since backed off their plans.

Two Additional Domestic Violence Cases in League

The league is dealing with two additional domestic violence cases:

Yasiel Puig, an outfielder for the LA Dodgers, is under investigation following a report that he hit his sister during a bar fight. No charges have been filed.

Additionally, Colorado Rockies infielder Jose Reyes was placed on paid leave. He is facing criminal charges of abuse against his wife.

Domestic Violence

Domestic Violence can be defined as a “violent confrontation that occurs between family members or between people who live together or are in a dating relationship.” Domestic violence follows a broad spectrum of participants but always involves abuse in one form or another, whether it be physical, psychological or emotional. Whether you are referring to a domestic violence dispute between husband and wife, boyfriend and girlfriend, father and son, father and daughter, mother and son, mother and daughter or some other familial combination, domestic violence carries with it longstanding emotional and psychological scars that extend far beyond the physical.

In a large majority of domestic violence cases the woman is most often the victim, however not in all. Weapons are sometimes employed, property is damaged and alcohol and drug use are often at the source. In the state of California, domestic violence is not taken lightly and you should seek legal assistance if you or someone you love has been the victim of a domestic violence situation.

Domestic Violence Misdemeanor Conviction

In terms of Family Law, a misdemeanor conviction for domestic violence carries mandatory jail time and can result in the unfortunate loss of custody of your children or visitation privileges. Other negative impacts may be a loss of employment, incarceration, excessive fines and legal fees and possible deportation if not a US citizen.

Regardless of whether you are a man or a woman, in the state of California, a domestic violence misdemeanor conviction suggests that your ability to safely care for your children as their primary custodian is questionable. You will be presumed unfit for their ongoing care and responsibility. Losing your children over a domestic violence dispute is a tragic repercussion that impacts all parties involved, most notably your child.

If you have been convicted of a domestic violence misdemeanor, according to federal law you cannot legally carry a firearm and if you are a law enforcement officer or military personnel, a domestic violence conviction often signals the end of your career.

What Constitutes Domestic Violence

Regardless of whether a dispute occurs between spouses, domestic partners, boyfriend and girlfriend, parents and children, same sex couples, blood relatives (siblings, cousins, aunts, uncles, grandparents, etc.) or housemates – all domestic violence disputes between the above combination of individuals carries the domestic violence charge. Domestic violence misdemeanors remain permanently on your record and can be used against you in future crimes for 7 years following initial conviction. Offenses compound, and aligning yourself with a skilled Pasadena Domestic Violence Attorney is essential to fully understand your rights and to seek a reduced sentence and favorable outcome.

Why It Can Be Difficult

There are many factors that make domestic violence especially difficult for authorities to uncover, investigate, and deter, including the following:

  • Lack of reporting by victim for fear of retaliation from abuser
  • A victim’s potential financial dependency on their partners’ income
  • A victim’s unwillingness to testify against an abuser
  • Development of “battered person syndrome”
  • Desire to save a dysfunctional relationship
  • Guilt and/or withdrawal

Bringing a Domestic Violence Case Against Someone

In California, when a person is charged with spousal abuse relating to domestic violence, there are two common charges. These two charges are: corporal injury to a spouse or spousal battery. Below we outline the differences between the two.

Corporal Injury to a Spouse

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Corporal injury to a spouse or cohabitant is charged as a felony crime. This charge can be brought when a person willfully inflicts on his or her spouse, former spouse, cohabitant, former cohabitant, or on any person who is the parent of his or her child, corporal injury that results in a traumatic condition.

“Traumatic condition” is defined by the California Penal code as a condition of the body, such as a wound or injury, regardless of how serious that wound or injury is. Regardless of how slight an injury is, as long as there is an injury, an arrest will be made if police are called to the scene of a domestic violence incident.

Spousal Battery

Spousal battery is generally charged as a misdemeanor crime. California penal code defines battery as any willful and unlawful use of force or violence upon the person of another. A person can be charged with spousal battery when a person commits battery against a spouse, a cohabitant, former spouse, fiancée, or a person with whom the person accused of has previously dated or are dating. Injury is not required for a person to be charged with spousal battery.

It can be very difficult or overwhelming for a victim to bring a domestic violence lawsuit due to fear, or lack of knowledge about how to bring charges. Because of this, it’s always advised that a victim first tries to remove themselves from the situation, by either finding a shelter or safe ground. The next step is contacting a lawyer that can start the legal process of freeing a victim from their abuser.

Hiring a Lawyer for Domestic Violence Charges

If you are the victim of domestic violence, you need to contact a lawyer that will be able to protect you and defend your case. An attorney will be able to protect you and your family via various methods that include getting a restraining order or custody changes. A lawyer will be able to plead your case so that you feel safe and well represented.

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

Ford Ad Takes on Divorce

Most advertising companies tend to stay away from the topic of divorce. It can feel uncomfortable, and sad. But Ford Denmark’s latest commercials don’t beat around the bush when it comes to the topic.

Ford Ad Takes on Divorce

While divorce is a sad experience for everyone, it is something that many people go through within the course of their lives. Ford Denmark addresses the topic of divorce directly in a recently released three-part short film, created by creative agency Very.

While it might seem dark for a car ad, it’s effective in that it drives home the idea that life happens so much in our cars, which is why it’s important to buy a good one.

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The first ad in the three part series portrays a father and daughter having a snowball fight. The girl’s younger brother sits in the car, refusing to take place in the fight. What we later realize is that this is him taking a stances against his parents’ impending divorce.

In the second and third ads, the story proceeds with the disintegration of the family. Among the images, Ford cars are ever present.

“We started thinking about how prevalent the car is in a divorce. It is both a tool and a setting,” said Daniel Kragh-Jacobsen, director of the ads. “Ford’s demography really is the Danish middle class, who do have the highest divorce rate in the world. And so we pitched this film under the banner ‘Ford. Supporting families against the odds.’ “

“It was a main concern from the beginning, from everyone. But we had to try to submit our idea and see what happened,” he says. “As you can see, the film is split into three sections, and each section has one small story which centers the car. To me it was just perfect, dark or not dark. It was about real people, and yes, the story is centered around a product, but the product is simply a prop or a setting, just like in a fiction film.”

Kragh-Jacobsen hopes viewers are attracted to the new ads “because they see themselves in our story. They can relate, and it isn’t a glossy picture of the perfect family driving the perfect car. Whether this will influence them to buy their new vehicle, I’m not sure. I guess it is creating some attention around Ford, since they are trying something new. The most important thing for me is that our story resonates and is remembered.”

Divorce is Sensitive

Divorce is a sensitive topic for most. If they have not been through a divorce themselves, chances are they know someone that has been through a rough divorce, or may even have witnessed divorce first-hand by watching their parents divorce. When it comes down to it, everyone is at least familiar with divorce.

While divorce can be heart-breaking, it can also be an opportunity for reflection and analysis. Below are some tips for how to get through this rough time.

Perspective

Yup, it’s true, hindsight is 20/20. You have to walk through something, get a far way ahead of it, and only then can you look back and see just how important that process was. At that point you can see the beginning, the middle, and the end, and how that end is so clear and empty of emotional and clutter. Take this new clarity and run with it. That perspective can give you amazing information you need to change your own behaviors and to improve your future relationships.

Gratitude After Divorce

After you lose everything, you take nothing for granted. Divorce can be like losing everything:  past memories, your present marriage, and future dreams. Let that be your determination to survive. But this is also a time to lean on friends and family that stepped up and stood by. They will lift you up, even when you can’t lift yourself. Be grateful for them, and try to show them that you are. If not now, then try to later.

Empathy
When you have felt pain, you honor and respect that pain in others. Divorce can make you more empathetic towards people facing any form of loss. You will move towards acceptance and forgiveness of your situation and your ex. And with this movement will come the ability to see things from other people’s viewpoints, making you a better friend, and a better person to be in a relationship with (down the line, when you are ready for one).

Divorce wipes away the ego that believes it’s shameful to ask for help. After you admonish this, you will be able to accept help for yourself, and then be able to offer help to others who are in need.

Responsibility
It’s easy to blame your ex, to place the responsibility for the divorce in his or her hands. We also might realize that all too often we have looked to them to provide happiness, or support for making decisions. This interdependency ends with divorce. It’s good to be interdependent, but divorce requires that you learn to be independent. You’re going to be steering this ship on your own. You’re going to have to be responsible for your own things now: happiness, support, etc. Let this empower you though, rather than make you feel lost or scared. You’re completely in control now. You can change. It’s your life now.

Humility

Divorce teaches us that no matter how much we want something to be true, we can’t force it into being. All those choice you made have consequences. And maybe now you are being forced to see them. Sure, you might have said “divorce will never happen to me,” but now it has. You’re going to have to admit that it can happen to anyone. Let this “slap” of reality force you to embrace acceptance while also redefining expectations. You’re not immune to anything.

Fortitude
Divorce can be a longer process with more setbacks than you had ever imagined before you took that first step. Just when you think that the worst is behind you, BAM! It hits you again. Two steps forward, one step back has never been more true. It takes grit to survive.

Awareness
Divorce can be a wake-up call. Often times people realize they were living in a kind of “auto-pilot” mode when they said their “I dos.” The clarity and awareness you have after saying your “I Un-dos” might provide you with a sense of awareness that wasn’t there before. A lot of people turn to meditation and yoga during divorce because it settles the mind to allow for awareness. This mindfulness and consciousness will be helpful moving forward in your new life.

Ingenuity

Keep a Journal in Your Personal Injury CaseDivorce is also a way to test your abilities… all of them. Your negotiating skills, your financial skills, your balanced budgeting skills, co-parenting abilities. You are the only problem solver now. You will need to work out how to afford your rent on a portion of the budget you once had. You will also need to learn how to co-parent, potentially with an ex you hate (for now). But the more you are placed in these new positions, the better you will become at those tasks.

Figuring Out Marital Property

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

What State do you Live in?

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

What Counts as Property?

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

Other Considerations

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

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

No Fault Divorce Laws

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

Separate Join Financial Obligations

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

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

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, Esq.

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

Kaley Cuoco Talks About Divorce

Kaley Cuoco is moving on and talking about her divorce from ex-husband, Ryan Sweeting.

Kaley Cuoco Talks About Divorce

The Big Bang Theory actress took to The Ellen DeGeneres Show to talk about what she calls a “bizarre” year.

“We all go through really weird ups and down, and sometimes I’m a little more seen,” the 30-year-old said. “You know, so I already feel like 2016 is going to be a much better year than 2015.”

The two were engaged just three months after starting to date and then married New Year’s Eve 2013 in a fire-and-ice-themed wedding. But after only 21 months of marriage, Cuoco filed for divorce last September.

“You know, it’s been rough, but things are going good,” Cuoco said. “I’m much, much better now. I’m in a much better place than I was.”

One of the first things the actress did was cover up her tattoo of the couple’s wedding date with a large moth.

“I had the date tattooed on my back to remind me … ” she said, then went on to advise, “Don’t tattoo wedding dates.”

And the choice of a moth?

“The significance is that it was big enough to cover the numbers … big wings… silence, quiet, on a wall,” she joked. “You know how they do that? They’re like stationary.”

Can You Predict Divorce?

While celebrity divorces are fairly common, and perhaps even predictable, is it actually possible to predict that a marriage will end in divorce? According to the following statistics, it might be.

Did the bride have pre-wedding jitters?

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According to a study that was published in the Journal of Family Psychology, if the bride-to-be has cold feet, the couple’s risk of getting divorced more than doubles. But is it the same if the groom has doubts? According to the study, nope. The groom’s cold feet has no impact on the outcome of the marriage.

Did the couple get married young? Or after the age of 32?

It seems that conventional wisdom holds that getting married too young doesn’t always work out. “I often see couples in their 40s in counseling who got married too young and didn’t have experience with other partners or want different things now,” says licensed psychotherapist and relationship expert, Rachel Sussman. “Because there’s a very good chance that in 10 or 15 years, you’re going to be a very different person — and you should be.”

But a recent study shows that after the age of 32, a couple’s risk for divorcing increases by 5% each year they hold off on marriage. Sussman thinks this is due to the entrenched independence and need for space that people have as they get older.

Does the couple have two daughters? 

When a couple has two daughters, it ups their chances of divorce by 43%. And according to Columbia University economist Kristin Mammen, even just having one daughter makes you 5% more likely to split. Parents with two sons face a nearly 37% risk.  Stephanie Coontz, author of Marriage, a History and director of research for the Council on Contemporary Families said “We think it happens because fathers get more invested in family life when they have boys.”

Parents dealing with a child that has been diagnosed with ADHD are nearly 23% more likely to divorce before thre child turns 8 years old.

Does divorce runs in the family?

If a person’s parents are divorced, they are at least 40% more likely to do the same. Even more shocking is the statistic that if your parents were remarried, you have a 91% likelihood of getting divorced.

Are there debt issues?

Debt can be a big time marital stressor. This can be even harder if couple’s have different spending habits. When one partner is a big spender, divorce can be 45% more likely.

“There can be a problem when one partner works or just has a significantly bigger salary, and the other spends an exorbitant amount of money. Fighting over the Amex bill every month is just a dumb fight to have. They’ve got to be on the same page, and I think setting a budget is key,” explains Sussman.

Did the groom frown in his childhood snapshots?

This might be the weirdest predictor yet. In two separate studies, psychologists took a look at peoples’childhood and yearbook photos in relation to their marital status. They concluded that people that frowned in their photos were five times more likely to end up divorced than people that smiled.

Does one partner smokes?

When only one person in a marriage is a smoker, they’re 75% to 91% more likely to split than couples where both partners are smokers. According to Sussman, the reason behind this could be that “Different values and lifestyles can be problematic.”

Was the first child was born less than 8 months after the wedding?

This makes marriages 24% more likely to call it quits. Chances are, this is because the marriage was entered into to “solve” the issue of an unplanned pregnancy.

Did the couple live together before marriage?

Multiple studies have shown that when couples live together before getting married, there’s a 12% higher chance that they will get divorced.

Is one partner a dancer or choreographer?

According to a 2009 study by the Journal of Police and Criminal Psychology, occupations have a big say in divorce. Dancers and choreographers have a 43% divorce rate, bartenders have a 38% divorce rate, and nursing, psychiatric, and home health aides have an almost 29% divorce rate.

Does the couple live in Nevada? Or Maine?

Where you live might play a role in if you divorce. But Nevada residents have a 14.6% rate of divorce. Maine is second with 14.2% and Oklahoma trails at 13.5%. New York has 8.8% divorced residents, but that could be attributed to the fact that it also has one of the lowest number of married residents. Researchers say that you might be more likely to get divorced in some states, but that’s only because you are more likely to get married there.

Does the wife makes more money than the husband?

According to a Swiss study of U.S. couples, marriages where spouses earn around the same amount are more at prone to divorce than marriages in which the wife earns less. In marriages where the wife makes 60% or more of the family income, the risk of divorce doubles when compared to couples where the wife does not work at all.

Is the wife older than her husband?

According to an Australian study, in marriages where the women are three years older than their husbands are 53% more likely to end in divorce. The study suggest this may be “due to differences in values associated with birth control, or marital strain caused by power imbalances within the union.”

Does one spouse think they are always right? 

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Perhaps this is obvious, but one of the biggest predictors of divorce is how the couple’s feel towards each other. John Gottman claims that he is able to predict a couple’s chances with 93% accuracy. His predictions are based on four key traits, including being defensive and constant criticism. According to him, the “kiss of death,” is contempt and seeing your partner as beneath you.

“It’s constant anger and disgust, passive-aggressive digs, eye-rolling, and yelling at your partner,” says Sussman. “When couples do that in a session, I say the research shows that if you keep doing that, there’s a really good chance you’re going to get divorced.”

You, After Divorce

It goes without saying that divorce is a difficult process. Whether or not there are kids involved, a number of thing need to be worked out: child custody arrangements, child support, spousal support, marital property division. A family law attorney will be able to help you with these aspects of ending a marriage. But you’ll also need help working through the tougher parts of ending a marriage: emotionally tiring and stressful aspects of ending a mrriage. It not only changes your entire lifestyle, it changes you. If you can step back, you might just realize how it changes you in a good way. Here are some positive aspects of a divorce that you may want to consider. In the end, you might just be grateful for the little things that you learned from going through one of the hardest processes you could go through.

Working with a Divorce Attorney

When you’re in the middle of a divorce, just starting one, or just ending one, it can be hard to see a future. Where will you be in a year’s time? Will you be better off? Will you be worse? When a couple decides to say “I do,” they never, ever dream of saying “I don’t.” Divorce can be debilitating, but when the dust is settled, you will have to pick up the pieces and move forward. Sometimes the easiest thing to do is work with a divorce attorney that can advise you on all aspects of a divorce, including child support, spousal support, and marital property division.

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
Divorce Family Law High Net-Worth Divorce Marital Property Division

Secret Divorce Ends in Lawsuit

After 20 years of what she believed to be marriage, Christina Carta Villa just learned that her husband secretly divorced her just after the two were wed.

Secret Divorce Ends in Lawsuit

Cristina Carta Villa, 59, is now suing her 90-year-old husband, Gabriel Villa, after learning that he obtained a secret divorce just four months after the two were married. It seems Gabriel was looking to “protect his assets.” She only just learned of the divorce after she noticed that a recent tax bill did not include her name. After doing some research through a private investigator, she found out that Gabriel had obtained a legal divorce in the Dominican Republic shortly after their 1994 wedding.

Love Story

According to Cristina, it was “love at first sight” when she met the then 70-year-old lawyer and travel agent. She was 39 at the time, and working as a teacher of Italian literature at Boston College. The pair moved into together, were soon married, and then had a son, Lorenzo. For the past 20 years, the couple has divided their time between two homes: one in Manhattan and one in France.

That all changed when she noticed that a tax bill did not include her name, and that her husband had been filing taxes as a single man.

The Secret Divorce

It appears the divorce took place in the Dominican Republic, and claimed “incompatibility of temperaments” as the reason. Neither Gabriel nor Cristina were present for the divorce proceedings as Gabriel had appointed a representative to push the divorce through. Cristina is claiming that the divorce was “illegal and fraudulent,” and that Gabriel is now using the divorce as a way to rob Cristina of what should be legally rightfully hers. She has brought a lawsuit against him in an attempt to annul the divorce seeing as she was not aware of it, and thus had not agreed to it.

All of this has come to light in the fact that Gabriel is now attempting to use the divorce as a way to show Cristina is not a legal owner of the condo he is trying to sell to his daughter. Cristina is not consenting to the sale.

It seems odd though. Why would a man that filed for a secret divorce, citing “incompatibility of temperaments,” remain with the same woman for 20 years? During that time, according to Cristina, she was at his side through health scares and hospital stays. Gabriel had even granted her power of attorney to make his medical decisions.

“I realize now that during all these years of joy and happiness, and of difficult moments we shared together, my husband lied to me and had the Dominican divorce on the back of his mind. It’s what is hurting me the most,” she said.

Prenuptial Agreement

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It’s odd that, Gabriel being a lawyer, and obviously aware of the legalities of marriage, would not have rather considered a prenuptial agreement instead of a secret divorce. A prenuptial agreement is an outline of what will happen to property gained during a marriage, while also outlining each spouse’s separate property prior to the marriage. It’s a great way to protect your assets, and does not have to have the stigma it carries when both people enter into it with the mindset of it being a business agreement.

Prenuptial Agreements in High-Net-Worth Marriages

Often when a couple comes together, and both parties already have established high net worth individually, it’s crucial that a prenuptial agreement is drafted. A licensed family law attorney can help you put together a prenuptial agreement if you and your spouse want to go down that route. It is also advised that you both seek your own personal attorneys for the drafting of this document, so that both parties are able to feel they’ve come to that agreement on their own terms. Though divorce is often a very emotionally draining situation, in high-net-worth divorces a prenuptial agreement can help it from becoming an even more bitter debacle.

Prenuptial Agreement Mistakes

When drafting a prenuptial agreement, it’s important to remember that it can be ruled as “invalid” if there are mistakes. Here are some mistakes that you’ll want to avoid. It’s also recommended that you work with a family law attorney to avoid these mistakes:

  • Same Legal Representation – Each spouse should have his or her own attorney. An attorney will explain everything contained in the prenuptial agreement independently of the other spouse. Working with separate attorneys ensures the final agreement is signed voluntarily, and neither spouse feels pressured to sign.
  • Signed Under Duress – “Under duress” means a under pressure or under the influence of drugs or alcohol. A prenuptial agreement can be found invalid if one party signed under duress and did not have the mental capacity to understand what they were signing.
  • Signed Too Close to the Wedding – A prenuptial should be signed one to three months prior to the wedding. If not, it’s easy for a party to argue later on that they were  coerced into signing. Each spouse should have time to deliberate on the agreement before signing.
  • No Full Disclosure – Disclose all assets and debts.
  • Child Support Provisions – Child support and custody should not be a part of a prenuptial agreement.
  • Biased – The prenuptial agreement should not show any bias to one party.
  • Unenforceable Provisions – Unusual provisions such as one spouse is responsible for dishes can deem an agreement unenforceable.
  • Oral Agreement – A prenuptial agreement must be in written form to be valid. Each spouse and each spouse’s attorney should have a copy.
  • Ambiguous Writing –  Ambiguous wording can be challenged in court. Make sure the writing is all clear and concise.

In cases such as the Villas,’ under a prenuptial agreement, if the condo was obtained during the course of the marriage, it would indeed be considered “community property,” and thus subject to Cristina’s approval for the sale. During a divorce (and a marriage) it’s important to be aware of what is considered “community” and “separate” property.

Marital Property Division

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.

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

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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.

Working with a Divorce Attorney

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

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co