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Divorce Family Law

How to Proceed with Divorce

You’ve done the hard part: made the decision to file for divorce. But what next? There are various ways you can file for divorce, also known as a “dissolution of marriage. Below we outline several ways to approach a divorce. How you proceed will be specific to you and your spouse’s situation.

Several Approaches to Filing Your Divorce

Depending on your situation you will file one of these forms of divorce:

UNCONTESTED DISSOLUTION – Both you and your spouse agree on all issues of property, debts, custody, and support. You are both enter into an agreement to all issues.

CONTESTED DISSOLUTION – Either you or your spouse, or both of you do not agree to issues regarding property, debts, custody, and support. You will be required to go before a judge so that he or she can make judgments regarding these issues as well as ensure all documents of agreement are appropriately prepared and signed off on.

SUMMARY DISSOLUTION – You and your spouse have been married for less than 5 years, have no children, no assets, no debts, and both parties are in agreement about signing the divorce petition.

PUBLICATION OF SUMMONS – When the filing party does not know the whereabouts for the other spouse, and has no way to contact them, it is necessary for the spouse to publish a divorce declaration in a local newspaper for 4 consecutive weeks to be able to proceed with the divorce filing.

Working with A Divorce Attorney

While some of the options are fairly easy to proceed with, chances are you’ll want to work with an attorney, regardless of how “simple” your divorce may seem. There are various forms that will need to be filed out and filed by both you and your spouse. Also, depending on your situation – if you have children, large amounts of assets or debts, or property to divide – divorce can get sticky. In some cases, especially if spouses are having a hard time coming to agreement, you might need a lawyer to defend your case in a court of law.

 

Source: Womansdivorce.com, About Women’s Divorce, 2014

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Child Custody Child Visitation

Child Visitation During the Holidays

As the holidays quickly approach, it’s important to have your child visitation schedule worked out. Making sure there is a plan in place will help ease the tension of the holidays and ensure you don’t have to constantly negotiate with your ex over which holiday will be spent where.

State’s Recommendations for Child Visitation During Holidays

Each state has its own visitation recommendations for holidays. Still, parents typically rotate major holidays such as Christmas Eve, Christmas Day, New Year’s Day, Easter, Memorial Day, July 4th, Labor Day, Thanksgiving, and Halloween. Usually, a child, or children will spend days such as Mother’s Day and Father’s Day with their respective parents. When visiting out of state parents, or parents that live further away, the scheduled time is adjusted to compensate for any time spent traveling to an from.

Child Visitation During Extended Vacation Time

For extended vacation times, such as Christmas or Hanukkah vacation, or summer breaks, time is typically divided evenly between the parents. So for example, one parent will take the first half, and the other parent will take the second half of the break.

When to Decide on Holiday Child Visitation Plans

Holiday visitation schedules often take precedence over the standard weekly schedule. And sometimes the holidays will disrupt the standard schedule It’s suggested that you plan the holiday schedule early in advance and clearly, as to avoid any confusion. It’s also important to keep a record of the schedule, so any questions or conflicts can be quickly resolved.

Even with a holiday schedule firmly in place, there may still be conflicts that arise. Working with a divorce and child custody attorney can help you handle any holiday visitation issues.

 

Source: WomansDivorce.com, Holiday Visitation Issues, 2014

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Divorce Domestic Violence Family Law

Serving Divorce Papers Turns into Assault

It might not be a good idea to bring your new girlfriend when you go to serve divorce papers to your soon to be ex-wife.

Divorce Papers and Assault

Sharona Coach-Barnes faces charges of assault charges after her husband brought his new girlfriend along with him to serve Coach-Barnes divorce papers. According to the affidavit, police allege that Coach-Barnes was so upset by her husband, Derico Barnes’ actions that she pulled a gun on the new girlfriend, Cherrita Evans. According to police, Coach-Barnes also punched Evans and pepper-sprayed her. When Evans and Barnes took off running, Coach-Barnes employed her mother and brother to help her track down Barnes and Evans. Allegedly, that is when she pointed a gun at Evans.

Neighbors Respond

Neighbors weighed in on the incident, and whether or not Barnes should have brought his new girlfriend. “I don’t see anything wrong with it,” one neighbor said. “They’re not together. He’s just letting his woman know there’s nothing to it. There’s nothing to her.” Neighbor, Teisa Foster had a differing opinion. “She should have got beat,” she said, referring to Evans. “Any kind of business that he has with her, he needs to do by himself until they get a proper divorce,” Foster said. “She has no rights in that.” Some neighbors understand just why Coach-Barnes reacted the way she did but still feel there is never an excuse for violence. “She didn’t do anything to her,” one woman said. “She needs to go to jail.”

Charges

Coach-Barnes has been charged with assault and is being held on $30,000 bond.

 

Source: WREG.com, Woman assaults husband’s girlfriend when served with divorce papers, November 3, 2014

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Domestic Violence

Domestic Violence: Can I Break My Lease for My Safety?

Domestic violence can also be called “intimate partner violence” because it often is caused by a person that is intimate with the victim, such as a spouse, boyfriend or girlfriend, or ex.

Domestic Violence Abuser

When a partner is intimate, and knows where you live, no doubt a victim of domestic violence would want to move. But what happens when that victim is stuck in a lease their landlord won’t let them break? And even worse, what happens when the abuser lives in the same complex?

California Civil Code section 1946.7 – Protecting Domestic Violence Victims

Under California Civil Code section 1946.7, a tenant dealing with domestic violence issues (or human trafficking) has special lease termination rights when it comes to a landlord-tenant context. Under this code, a domestic violence victim has the right to pursue an early lease termination by providing a landlord with a written 30-day termination notice as well as a copy of the domestic violence report he or she has filed with the police. As an alternative to this, a tenant is able to submit documentation from a third party that states the victim is seeking assistance for physical or emotional injuries that are the result of a domestic violence act, or an official restraining order that has been signed by a judge. Another alternative is a document equivalent to a protective order.

Pay Rent

While you will be able to legally break your lease, you will still need to pay rent for the 30 days prior to vacating. Filing an early lease termination under this order has to be done within the 60 days following of the domestic violence incident. You will need to act quickly if you notice the deadline is approaching quickly in order to ensure your safety. If you run into issues with your landlord, you might want to consider contacting a local fair housing, mediation program, or a qualified domestic violence attorney.

 

Source: Los Angeles Times, Q&A Can domestic violence victim break lease to avoid abuser?, October 19, 2014

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Divorce

Divorce: Who Files First? Men or Women?

When it comes to divorce, which gender usually files first? And why? In this article, we’ll look into why it seems women file for divorce more often than men do.

Women and Divorce

Women being first to file for divorce seems to be related to not only socio-economic trends, but also changes in divorce law as well as some basic gender differences. Here are some top reasons for why women turn to divorce sooner than their male spouses.

Socio-economic Trends

As we move forward in time, and increasing steadily since WWII, women are more educated and more career-oriented, than in previous times. Because of this, women are more able to stand on their own two feet when it comes to financial issues. No longer are they dependent on male spouses to “bring home the bacon” and support the household. While this may not be the reason for divorce, this is often the fact that empowers women to feel “unstuck” if they do seek divorce.  Additionally, the stigma surrounding divorce has decreased.

Divorce Law

“No-fault” divorces now allow for both spouses to move away from the marriage without being accused of wrong-doing. Divorce is no longer a life-sentence – in fact, in a lot of ways it’s a chance for people to be “re-born” into a more fruitful life situation.

Gender roles

Men often fall into the “complacent” category – meaning that often a greater life change awaits them when a marriage ends. While a majority of households now share tasks such as grocery shopping, meal-naking, and childen-raising, it’s not so long ago that men didn’t need to worry about these tasks. But also, because there is a stigma that men do not get awarded custody of children, there’s a fear amongst men that if they leave, they will lose their ability to have a connection with their children. Luckily, shared custody agreements are changing this tradition of thought. Additionally, another reason why women might file more often than their male counterparts comes down to emotions. Often hitting that “enough is enough” mark is reason alone for women to file papers.

 

Source: Divorced Moms, 6 Reasons Women File for Divorce More Often Than Men, March 4, 2014

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Child Support Divorce Marital Property Division

Mortgage After Divorce

Moving on after divorce can be difficult. The process can be made even more difficult if you have no place to live because you sold your house as part of the settlement.

House-hunting as a Single Person

Finding a new home can be rough for a lot of reasons both emotional and financial. Going from a two-person income to a single income can be tough, especially if you’re paying alimony. Here’s a few tips to help in your single-person house hunt.

Tips for Post Divorce House-hunting

  1. Don’t buy a house during the divorce proceedings.
  2. Wondering where to live during the divorce? Some couples grin and bear it, and remain in the house before it’s sold. If there are kids involved, parents often choose to “nest,” meaning one parent stays in the house one week and then lives in a place they have rented the next week. This way kids can remain in a familiar place, without parents having to duke it out with each other.
  3. Don’t rush into buying a new house.
  4. Consider professional help when weighing out if you can afford another house. A financial advisor will be able to look at your specific case and weigh in on if it’s a sound financial decision.

Divorce Attorney

Facing life after divorce can be difficult, especially if the divorce proceedings are litigious and draining. Working with a skilled attorney can help ease the process and get you back on solid footing. Consider hiring an attorney that is experienced in all aspects of divorce, including alimony, marital property division, and child support.

 

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

Source: US News, How to Get a Mortgage After a Divorce, October 29, 2014

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Divorce Family Law

Stress and Divorce

A recently released Gallup-Helathways Well-Being Index is shedding some light on how men and women react to divorce and legal separation.

Stress During Divorce and Separation

According to the survey of 131,159 American adults, women suffer greater jumps in stress when facing divorce, as compared to men. Overall, separated and divorced people are more likely to report use of drugs and alcohol for relaxation. Married Americans also rate their personal well-being higher than their divorced or separated counterparts. The surgery relied on a “Well-Being 5” score that includes rankings on: purpose, social, financial, community, and physical well-being.

Speculation About Findings

The report’s authors, Gallup’s Dan Witters and Lindsey Sharpe, speculated on why there might be differences between the two groups: married and not. “Entering into a marriage can foster a sense of purpose through a shared perspective on life and a need to support another person,” they wrote. “Similarly, marriage can expand a person’s social connections and relationships, increase household wealth and lead to a more permanent housing selection and a related connection to the community. In addition, multiple studies have confirmed that married adults have better health outcomes, likely attributable to reduced stress and having a partner to encourage healthy behaviors and to hold one accountable for choices affecting one’s health.”

Women More Stressed, in General

The report went on to say that, in general, women reported more stress than men, “but there is a visibly pronounced stress gap by gender when one compares women who are separated to men who are separated.” The well-being rating is comparable between men and women who are separated, and both show increased levels of stress – but it was higher for women than for men.

According to Witters, “Women have more stress then men, regardless of marital status. Separated women have even greater amounts of stress than separated men, so the already existent gap widens still further when separated or divorced.”

 

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

Source: Deseret News, Stress, substance abuse rise more for women who divorce or separate, October 26, 2014

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Domestic Violence

Voynov Arrested for Domestic Violence

The National Hockey League has suspended Los Angeles King Slava Voynov following his arrest for his involvement in a domestic violence incident.

Suspended Indefinitely

According to a statement from the NHL, the 24-year-old defenseman will be suspended “indefinitely from all club activities pending a formal investigation by the National Hockey League of an arrest this morning on charges of domestic violence.”

The league’s suspension came just hours after Voynov was arrested by police at Little Company of St. Mary Hospital in Torrance. Medical personnel contacted the Torrance police after treating the victim of the alleged domestic violence incident. “The injury was severe enough that it did require treatment,” said Lt Joe Hoffman.

Alleged Domestic Violence Incident

According to police records, Redondo Beach officers were initially called to the neighborhood where Voynov and his family live. According to witnesses, a female “could be heard screaming for the past 20 minutes.” The witness directed officers to the house where they heard the sounds. Police attempted to contact the home’s occupants, but received no response.

Torrance police then contacted the Redondo police about the hospitalized women who allegedly had been a victim of domestic violence. “We’re still investigating with the police,” said Voynov’s attorney Craig Renetzky. “It’s very early on in the proceedings. We’re just asking everybody to be patient, because arrests don’t always lead to charges and convictions.”

Voynov posted $50,000 bail. His first court appearance is scheduled for Dec. 1 in Torrance.

NHL and L.A. Kings Take Swift Action

The L.A. Kings issued a statement following the NHL’s decision: “These developments are of great concern to our organization.  We support the NHL’s decision to suspend Slava Voynov indefinitely during this process, and we will continue to take appropriate action as the legal proceedings and the investigation by the NHL take their course.”

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

Source: NBC Los Angeles, LA Kings’ Slava Voynov Suspended by NHL Pending Domestic Violence Investigation, October 20, 2014

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Divorce

Kardashian-Odom Divorce Proving Difficult

Khloe Kardashian’s divorce from Lamar Odom is proving to be more difficult than expected.

Waiting for Response to Divorce Filing

While it’s typical for the Kardashians to get what they want, that’s proving to be difficult in this case. The reality TV, 30, filed for divorce from the former NBA player, 24, ten months ago, and is ready to move forward with her life. But Odom has yet to file a response. And unfortunately, he hasn’t been seen or heard from in a few weeks. “He needs to sign papers and he won’t,” says a source close to the Kardashians. “He disappears here and there, and she can’t find him. She just wants to move on.”

Filed Divorce Papers

Once a initial Petition for Dissolution is filed, the respondent has 30 days in which to file his or her Response. Since Odom has not filed a response, Kardashian must now decide whether to file a Request to Enter a Default, or a Request for Dismissal.

A Request to Enter a Default can be used when a respondent fails to respond within the 30 days, or if the respondent cannot be located. Once a respondent is found to be in default, he or she is then precluded from participating in the divorce action. If there’s a good reason for not responding, a respondent can file a motion to set aside the “default” status.

A Request For Dismissal is filed when both parties decide to cancel a divorce filing.

After Being Granted a Default

If granted the request to Default, Kardashian will be able to move forward with divorce proceedings, without Odom’s participation. According to a divorce attorney, “as long as there are no properties or children between the two parties, one person can’t stop the other from getting the divorce just by not showing up.”

In the initial divorce filing, Kardashian did not request to be rewarded with spousal support from Odom, but she did ask for termination of the court’s ability to grant spousal support to be paid to Odom. She also requested that they each pay their own separate attorney fees.

Kardasian filed for divorce following years of alleged drug abuse and infidelity by Odom.

 

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

Source: People, Lamar Odom Won’t Sign Divorce Papers, Kardashians Haven’t Heard from Him in Weeks

, October 23, 2014

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

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