Pasadena Divorce Attorney

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

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Collaborative Law Divorce Family Law Mediation

Collaborative Divorce

Post author By Scott
Post date January 7, 2015

Negotiation versus Litigation in a Slip and Fall Case

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

Collaborative Divorce

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

Collaborative Divorce v. Mediation

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

Professionals

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

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

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

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

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Collaborative Divorce, Divorce, divorce process

Divorce Family Law Marital Property Division

How to Divide Marital Property

Post author By Scott
Post date January 6, 2015

When You Might Consider a Lawyer for Personal Injury Claims

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

Talk to A Marital Property Lawyer

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

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

Prenuptial Agreement

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

What Counts as Property?

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

Court Decision

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

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

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

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags community property, marital property, marital property division, property, property division, separate property

Family Law Spousal Support

Enforcement of Alimony Orders

Post author By Scott
Post date January 5, 2015

Statistics indicate over 195k people die from malpractice

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

Why?

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

Avoiding Alimony Payment

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

Options

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

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

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

Source: Divorce Net, Enforcing Alimony Orders, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Alimony, alimony deficiency, alimony payments, failure to make alimony payments, Spousal Support

Divorce Family Law Spousal Support

How Do Courts Award Spousal Support?

Post author By Scott
Post date January 2, 2015

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

California Law Regarding Spousal Support

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

How Long Does Spousal Support Last?

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

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

Spousal Support Not Always Awarded to Woman

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

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

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Alimony, awarding spousal support, Spousal Support, spousal support agreement, spousal support awards

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

Child Custody and Move Aways

Post author By Scott
Post date December 30, 2014

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

Are You Allowed to Move Away?

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

Allowing a Move Away

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

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

To Note: California Family Code section 7501

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

Modification of Court Orders

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

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, child relocation, Moving Away

Child Custody Child Support Child Visitation Divorce Domestic Violence Family Law Marital Property Division Spousal Support

Legal Separation Compared to Divorce

Post author By Scott
Post date December 26, 2014

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

Understanding Legal Separation

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

During a legal separation your interests as a married couple are protected until a final decision to divorce is made. Often times, couples choose to just remain separated and never choose to pursue a legal divorce.

Issues Addressed in Legal Separation

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

Why Pursue Legal Separation?

There are advantages with legal separation, including:

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

Source: Legal Match, What Is Legal Separation? 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, child visitation, Divorce, legal separation, marital property division, Spousal Support

Child Custody Child Visitation Divorce Family Law

Child Visitation Supervision

Post author By Scott
Post date December 23, 2014

Children, Sports, and the Increasing Number of Brain Injuries

Often times a court will rule one parent has “supervised child visitation” rights. Type of supervision will fall under two categories: nonprofessional and professional. Here’s what it means for visitation to be “supervised.”

“Supervised Child Visitation”

California’s law governing child custody awards is based on protecting the best interest of a child. Because of these, a judge will sometimes rule that a child only have contact with a parent when a neutral third party, or supervisor, is present. Thus, “supervised” visitation.

Reasons for Ruling for Supervision

A judge may decide on supervised visitation for many reasons. These can include, but are not limited to the following:

A visiting parent might need an opportunity to address a specific issue.
When a parent and child are reintroduced after a long period of absence.
When a parent is first being introduced to a child
When a parent has a history of domestic violence, child abuse and neglect, or substance abuse.
When concerns about mental illness have been expressed
When there is a potential abduction threat.

In addition to a “supervised” ruling, the court will also order specific times and durations for the meetings. The court will also specify what type of supervision will be required during the visits: either professional or non-professional.

Professional and Non-Professional Supervision

There are two types of supervision: professional and non-professional. Non-professional providers are usually family members or friends. A professional provider is trained and experienced in child visitation visits. For a fee or service, they attend the visits. They also follow a standard uniform of practice.

A provider’s main purpose for attendance is to keep the child or children safe during the visit. They must not only be present the entire time, but are also required to listen to what is being said, while also closely monitoring the child’s or children’s behavior. If the supervisor deems it necessary, they are able to interrupt or end a visit. They are required by law to report suspected child abuse.

Source: California Courts, Supervised Visitation, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, child visitation, child visitation rights, supervised child supervision, unsupervised child visitation

Divorce Family Law

Divorce, Children, and the Holidays

Post author By Scott
Post date December 22, 2014

Last year you were a big happy family, gathering around the fire, sharing and creating memories. This year, you’re divorced, and facing the fact that the holidays might be a lot different.

Remember the Children

This holiday season will be difficult for you and your ex-spouse, but if there are children involved, it might be even harder for them. Because of this, it’s important to remember what this time of year is really about, even if that means setting aside what will be the best for you. Here are some things you might want to consider when considering what your child’s holidays will be like.

Listen

Whereas in the past it wasn’t so difficult to decide where and what you’d be doing to celebrate, this year, you might want to step aside and ask your kids what they’d like to do now that you’re in a new family situation. Rather than negotiate with your ex-spouse over where the kids will be spending their days, it’s a good idea to ask your child what they would like to do. This will allow them to feel less like the shuttled around “burden” and more like an active member in the negotiating process. It also might outright settle any arguments you and your ex might have.

Put Aside Your Feelings

Whatever your child wants to do, make sure that you stick with what they want. This might mean putting away those hurt feelings.

Keep Your Eyes on the Goal

Remember why you love this time of year: it’s meant for sharing gratitude and love. Remembering this might help you put any feelings of anger or competition aside when it comes to organizing a workable schedule and potentially needing to compromise. Try to honor each person’s needs while allowing everyone to have their say.

Source: The Huffington Post, 3 Strategies for Negotiating Divorce, Children and the Holidays With Compassion, December 9, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550