Category: Divorce

Divorce Law LA blog posts about Divorce.

Pitt Faces Allegations of Abuse

Post author By Scott
Post date October 3, 2016

It appears that Brad Pitt might have a bit of a custody fight on his hands amid new allegations of child abuse.

Pitt Faces Allegations of Abuse

Last week it appears Angelina Jolie’s camp launched a story about Brad Pitt allegedly getting into a physical altercation with oldest son, Maddox, during a flight from France to the U.S. Website TMZ announced last week that Pitt had allegedly got “verbally abusive” and “physical” with Maddox during an incident last week.

While Pitt has not addressed the allegations, a source has confirmed that Pitt was inebriated at the time of the incident and that he Angelina Jolie were involved in an argument. Additionally, there was a “parent-child argument which was not handled in the right way and escalated more than it should have.”

According to another source, “Brad made contact with Maddox in the shoulder area, and there was absolutely no physical injury to him.” The source went on to explain, “He is emphatic that it did not reach the level of physical abuse, that no one was physically harmed. He put his hands on him, yes, because the confrontation was spiraling out of control.”

Pitt has six kids with Jolie. Maddox is their eldest and is the only child Jolie had adopted on her own before the couple were together.

Irreconcilable Differences

Jolie cited irreconcilable differences in her divorce filing a few weeks ago. The couple has been together for 12 years, but only married for two. Jolie is seeking sole physical custody of all six kids and has requested that Pitt be given legal custody and visitation rights.

It is unclear how these allegations will affect the decisions regarding child custody. It appears the FBI is evaluating if an investigation into the allegations needs to happen. If an investigation does follow, its findings will most likely play a huge role in the determination of child custody rights awarded to Pitt.

Domestic Violence Allegations

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. A skilled Pasadena domestic violence attorney at the Southern California Divorce Law LA are here to educate and support you through this process.

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.

Domestic Violence and Child Custody

If you believe your co-parent is unfit to take on parenting responsibilities, you will most likely want to work with a family law attorney that will be able to handle a request for sole child custody. Your lawyer will help you prepare a petition to be granted sole cusotdy and once you have filed your petition to be granted sole child custody you will receive a date for either a mediation session or a court hearing. You’ll want to be prepared going into this meeting. Here are some steps to prepare.

Work with Your Family Law Attorney

Your family law attorney will help you prepare for the mediation or court hearing. If you have been working with a family law attorney up to this point, chances are you have already built your case for why the other parent is unfit to raise the child or children you share. If you have not been working with a family law attorney, you will need to gather evidence of this on your own. We’ll discuss this more in depth further below.

Serve the Other Parent

After the petition has been filed, you’ll need to let the other parent know that you have done so and that you are requesting that a change be made to the current custody agreement. You can either work with your family law attorney to have the notification served, or work with a service company or the courthouse to have this done. Once the notification is served, the person who served the papers will need to provide you with proof that the other parent has been made aware. This is called “Proof of Service.” You’ll need to provide this to the court.

Preparing Evidence

Family law courts prefer to award joint custody to both parents. Because of this, you will need to prove that the other parent is unfit and unable to handle custody of your child. This may be proven a number of ways. Here are a few examples:

A history of abuse or neglect. Are there any police reports that have been filed against the other parent? Are there other pieces of evidence? Are there witnesses that can corroborate your story?
Lifestyle. Does the other parent have a job? Is it a steady job that can ensure the other parent is able to financially take care of the child? Where does the other parent live? Is it a safe environment?
Emotional and physical health. Is the other parent physically and mentally able to care for the child?

Once you have prepared all your evidence, either on your own or with the help of a family law attorney, you will be ready for the mediation or court hearing. If during the mediation session you are unable to come to an agreement, then the case will need to go before a judge. Hopefully, either through mediation or the court hearing, you will then be granted with sole child custody.

It should be noted that if a parent strongly disagrees with how the court has decided on the custody case, there is always an option to appeal.

Appealing Child Custody Decisions

Child custody cases are difficult due to the nature of the subject. A family law court will always rule in the best interest of the child. It’s important to note that an appeals court will not review a case just because one party disagrees with what the judge decided. If you feel your child custody agreement was arrived at because the court made a substantive error (either procedural or legal) you are able to appeal the court’s decision. Here’s how to appeal a child custody ruling.

Work with a Family Law Attorney

Working with a family law attorney will help you prove your case. In the case of appealing an already decided agreement, the family law attorney will need to prove that the previous decision was arrived at inaccurately due to a legal error or a procedural error.

Rules of Your Jurisdiction

Every state has different rules that given child custody cases and appeals. A family law attorney will be familiar with the rules of your specific jurisdiction and will be able to help guide you through the process. If you are not working with a family law attorney, you will need to research the rules on your own. These jurisdiction rules govern what your timeline is for filing an appeal to your child custody case, as well as exact guidelines for what should be contained in the petition to appeal. You can find these rules online or at your local courthouse.

Prepare an Appellate Petition

Next, you will need to prepare an appellate petition. This petition outlines why you are appealing the current child custody decision, as well as lists the errors that the lower court made when deciding on your child custody decision. If you are not working with a family law attorney, you might want to have the petition you fill out reviewed by one, just to ensure it has been done correctly. Next, you will file this petition with the court, as well as have a notification of the filing served to your opposing party.

Review of Appellate Petition

The court will then review the appellate petition and decide whether or not to hear your child custody appeal. If the court decides to hear your case, you will need to prepare a brief that explains your reasons for appealing the initial child custody agreement. This brief should include the lower court’s rules, case law, and all the facts that were presented in the initial custody hearing. A judge will review this and offer a final decision.

When parents live in different locations, either different states, countries, or even towns, the issue of child custody can become very difficult. It’s not uncommon for parents to request move away court orders.

Working with A Family Law Attorney

When it comes to child custody decisions, you’ll want to work with a skilled family law attorney. There are a number of things that need to be considered, namely the best interests of the child, but also what type of custody you are hoping to acheive. 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

Tags alleged altercation, altercation, Angelina Jolie, Brad Pitt, Domestic Violence, Maddox

Child Custody Child Support Collaborative Law Divorce Family Law High Net-Worth Divorce

Brad and Angelina Settling Behind Closed Doors

Post author By Scott
Post date September 26, 2016

Considering Brad and Angelina have lived much of their private life behind closed doors, it makes sense they would look to settle their divorce in a similar manner.

Brad and Angelina Settling Behind Closed Doors

When Brad and Angelina first started dating 12-years ago it was on the eve of Pitt’s divorce from Jennifer Aniston. While “Brangelina” was “undercover” for a while, the couple allegedly began their relationship while on the set of their movie Mr. and Mrs. Smith. The couple was wed two years ago in 2014 and have 5 children: 15-year-old Maddox, Pax, 12, Zahara, 11, Shiloh, 10, and 8-year-old twins Knox and Vivienne.

For many couples, a collaborative divorce can make all the difference when it comes to settling a divorce.

Collaborative Divorce

As Family lawyer Nathalie Boutet explained, amicable and collaborative divorces or “conscious uncoupling” allows couples to avoid any unnecessary conflict. This type of conflict prolongs and publicizes negotiations, explained Boutet. According to her, “[Conscious uncoupling] is simply thinking about the consequences of your actions…it’s making plans rather than reacting to emotions like fear, anger or revenge.”

During a collaborative divorce process a team of four people—lawyers for each spouse, a mental health coach and financial professional – sit down and work together to create a solution for each spouse regarding everything that needs to be decided: child support and visitation, spousal support, and marital property division. Collaboration is done face to face so that each spouse is able to voice his or her own opinion. The team allows open communication and negotiation. The process allows people to work together as a team of negotiators to come to an emotional, financial, and legal solution.

Less Expensive and Less Time Spent

According to Jenkins, when a divorce goes to court, you can pay $100,000 just to get to the courthouse steps. An average collaborative can save you a ton of money, as the average one costs about $32,000. “People are raiding their retirement accounts just to pay for divorces,” said Rackham Karlsson, a collaborative attorney. “Going to court can be more expensive, more time intensive and corrosive for children.”

An average collaborative divorce takes three to four months to reach a settlement. When it comes to standard divorce, there really is no timeline. In fact, some divorces, when extremely litigious, have been known to drag on for years as spouses fight over property and spousal support, and who will receive the wedding china. And because a standard divorce decision is left up to a judge to decide, there is very little control you have over timing and outcome with a case that goes to divorce court.

A Good Alternative

There are numerous reasons why people choose the collaborative divorce process over the standard divorce process. The main reasons are that it’s less combative, and the final agreement feels more organic and more of well, an actual agreement than a decree. A couple is able to save time, money, and maybe even some headaches if they are able to work as a member of the collaborative divorce process.

Irreconcilable Differences

Jolie cited “irreconcilable differences” as their reason for the end of their marriage.

“Irreconcilable differences” is often the cited reason for a divorce filing. Filing “irreconcilable differences” means there is no hope that the couple will be able to resolve the problems they have with each other to be able to save the marriage. Some states use the term ” irretrievable breakdown of the marriage” instead of “irreconcilable differences.” You will need to check with your state’s terminology and grounds for divorces as each state has different requirements regarding what can be cited as the reason. A divorce attorney will be able to advise you on your state’s specific laws regarding grounds for divorce.

California is a no-fault state. “No-fault” means just that – neither party is at fault for the end of the marriage. So neither spouse is able to be found “guilty” for committing any sort of extenuating act, such as adultery, abandonment, or extreme cruelty.

High Net-Worth Divorces

It’s been estimated that Pitt has a net worth of $240 million and Jolie’s is estimated at around $160 million. Combined, the couple’s net worth is estimated to be $400 million.

Defined by the Securities and Exchange Commission, a “High Net-Worth Divorce” is “One in which a natural person who has individual net worth, or joint worth with the person’s spouse, that exceeds $1 million dollars at the time of purchase, excluding the value of the primary residence of such person; or a natural person with an income exceeding $200,000 in each of the two most recent years or joint income with a spouse exceeding $300,000 for those years and a reasonable expectation of the same income level in the current year.” If you find yourself in this financial situation, having a skilled Pasadena High Net Worth Divorce Lawyer on your side to maneuver this unique set of divorce circumstances is essential.

For individuals who carry a significant net worth, protecting themselves in the case of divorce is essential in order to properly secure their assets. Statistically speaking, individuals across a wide spectrum can find themselves facing the reality of divorce, no matter their socioeconomic status, ethnicity or religion, but the more assets involved and the higher the net worth, the greater the stakes when it comes to separation of finances and property.

Regardless of a person’s net worth, all divorce proceedings should follow a similar protocol awarding equal treatment and regard for the allocation of property, finances and matters relating to children and a High Net Worth Divorce attorney is extremely beneficial for wealthy individuals with much to lose from a divorce.

In general, most divorces follow a series of events that are relatively standard in their unfolding and pertain largely to individuals of a low to medium socioeconomic bracket. This demographic of couples comprise the bulk of divorces in the United States. Many individuals, however, require the expertise of a skilled High Net Worth Divorce Attorney who can assist them through the more complicated process of their divorce based on their higher level of income and High Net-Worth. Knowledge of such specific legal situations as creating and enforcing prenuptial agreements, estates, international property holdings, various investments, high incomes and/or professional licenses is essential, and a skilled High Net Worth Divorce Attorney at the Southern California Law Offices of Divorce Law LA can provide just such assistance.

Co-Parenting

Co-parenting is a crucial part of your child’s life. You will not be able to raise a child successfully if you do not get a handle on this. No child wants to see their parents fighting, or feel as if they are being tugged between two sides of a war.

You might need to consult a therapist or lawyer to get some groundwork laid for this new relationship. Bottom line: just try to be adults. You might have to dig deep to find that “adult” in there, and you might not want to, but you have to, for your child’s sake. Find an approach that will work for you (for the both of you) and then start from that point.

Kids Interests First

Putting your child’s best interests above your own are the only way to build a successful co-parenting situation while creating an amicable relationship with your ex. You two don’t need to be best friends that talk a million times a day. You just need to find a way to make this work, kind of like being assigned to a lab partner in high school that you just couldn’t stand. You had to work together to get through the assignment and to get the A+ grade that you wanted. If you could make that work in high school, you can make this relationship work as an adult.

This can be done in a number of ways:

Work out a method of communication. This can be done through email or text. Being able to write it down helps to create a “paper trail” should there be disputes. But this is also a great way to just remove the emotions and stick to the fact.
Remove the emotion during interaction – either in person or via communication
Schedule it out. This means weekly routines as well as vacation and other important events.
Be flexible
Commit to being cooperative. This might be a stretch, but you will need to cooperate.

This is not always an easy process, but once you have these basic things under your belt, it will be easier.

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

Tags Angelina Jolie, Brad Pitt, celebrity divorce

Child Custody Child Support Child Visitation Collaborative Law Divorce Family Law High Net-Worth Divorce

What The Pitt-Jolie Divorce Might Mean For Their Children

Post author By Scott
Post date September 21, 2016

According to court documents released this week, Angelina Jolie and Brad Pitt’s marriage is coming to an end. The couple listed their separation date as September 15, just two years and one month after they married in August 2014. Jolie is seeking physical custody with visitation and legal custody rights for Pitt. Below we discuss just what Pitt and Jolie might be facing as they determine their divorce agreement.

Forms of Child Custody

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

Physical Custody

Physical custody means a parent has gained the legal right (typically through a court ruling) to have a child live with him or her. Usually if a parent has physical custody they also have sole custody of the child, which means the other parent has visitation rights.

Sole Custody

There are two forms of sole custody a parent can have: sole legal custody or sole physical custody. Courts seem to be moving away from awarding sole custody to one parent as more information is coming out about the importance of having both parents in a child’s life. In cases where a parent has been deemed unfit due to a history of neglect or abuse, a known dependency on drugs or alcohol, or a new parent that has been deemed unfit, a court will usually award sole physical custody to one parent. It’s advised that unless a parent has demonstrated the above issues, that you do not seek sole custody, due to the importance of having both parents in a child’s life.

While the trend is to award joint custody, in cases where courts do award sole physical custody the parents still usually share joint legal custody (which means both parents are able to make legal decisions regarding the child), unless a parent has been deemed unfit to make those legal decisions.

Legal Custody

Legal custody allows a parent to make decisions regarding various aspects of a child’s life, including education, religion, and medical care or legal issues.

Joint Custody

Joint custody is able to be awarded to the parents if they are divorced, separated, no longer living together, or if they never lived together but still shared a child. The awarding of joint custody to both parents means each parent is able to make decisions regarding the child. Joint custody also comes in various forms, including joint legal custody, joint physical custody, or joint legal and physical custody. Usually, if a couple shares joint physical custody they also share joint legal custody. But if a couple shares joint legal custody they do not always also share joint physical custody.

Preparing for Your Child Custody Case Hearing

One you have filed your petition to be granted sole child custody you will receive a date for either a mediation session or a court hearing. You’ll want to be prepared going into this meeting. Here are some steps to prepare.

Work with Your Family Law Attorney

Serve the Other Parent

Preparing Evidence

A history of abuse or neglect. Are there any police reports that have been filed against the other parent? Are there other pieces of evidence? Are there witnesses that can corroborate your story?
Lifestyle. Does the other parent have a job? Is it a steady job that can ensure the other parent is able to financially take care of the child? Where does the other parent live? Is it a safe environment?
Emotional and physical health. Is the other parent physically and mentally able to care for the child?

It should be noted that if a parent strongly disagrees with how the court has decided on the custody case, there is always an option to appeal.

Appealing Child Custody Decisions

Work with a Family Law Attorney

Rules of Your Jurisdiction

Prepare an Appellate Petition

Review of Appellate Petition

Move Away Court Orders

If you are facing a case such as this one, the first thing you need to identify is if you are able to move away and relocate your child. Most courts will not allow a parent to relocate the child unless he or she has received written consent from the other parent or a court.

During a question of relocating a child the court takes the “best interest of the child” into account, considering these factors:

Is the current child custody arrangement stable?
Where is the new location? How far away is it from the household of the remaining parent?
What will be the financial impact (for both parents)?
Age of the child
What is the current relationship between the parents and the child?
Are the parents able to co-parent?
What are the child’s wishes (this is often dependent on the child’s age)?
Does the child require special accommodations? If so, are these accommodations available in the new location?
Reason for the move
Any additional factors

Working with A Family Law Attorney

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Tags Angelina Jolie, Brad Pitt, legal custody, physical custody, sole custody

Divorce Family Law

Has Halle Berry Called Off Her Divorce?

Post author By Scott
Post date September 6, 2016

Has Halle Berry called off her divorce from estranged husband Olivier Martinez?

That looks to be the case. Just recently a divorce court clerk sent a notice to the actress and thought-to-be ex-husband asking for the couple to either move forward or else have the case dismissed.

Last year the couple looked to be heading towards divorce, but a year later it seems the case might be dismissed. According to sources close to the couple, neither party is in a rush to finalize the papers. Additionally, the couple has committed to co-parenting both 3-year-old Maceo and 8-year-old Nahla.

There are many reasons that couples choose to stay together.

Cancelling a Divorce

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.

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

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 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.

Still Considering 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

Tags Halle Berry, legal separations, Olivier Martinez

Collaborative Law Divorce Domestic Violence Family Law High Net-Worth Divorce Marital Property Division

Depp and Heard Agreement: The Saga Continues

Post author By Scott
Post date August 29, 2016

In mid-August Amber Heard announced she would be donating the $7 million she was awarded as part of her divorce settlement from Johnny Depp to her two favorite charities – the American Civil Liberties Union, with a focus on battling violence against women, and Children’s Hospital of Los Angeles. The actress has volunteered at the charities for 10 years. But it seems that Depp is looking to avoid the middle man, and has sine decided to donate the settlement money directly to the charities in a series of installments.

Depp and Heard Agreement: The Saga Continues

In response to Depp’s announcement, Heard’s legal team responded, saying that while the actress “appreciates Johnny Depp’s novel interest in supporting two of her favorite charities,” the act is in violation of the terms of the settlement the couple had arrived at.

“If Johnny wishes to change the settlement agreement, we must insist that he honor the full amount by donating $14M to charity, which, after accounting for his tax deduction, is equal to his $7M payment obligation to Amber,” the statement continued.

“Anything less would be a transparent attempt by Johnny’s counsel, Laura Wasser and Patti Glaser, to reduce their client’s true payment by half under the guise of newfound concern for charities that he has never previously supported,” the statement concluded.

Meanwhile, the ACLU has confirmed that it has already received the funds, while the Children’s Hospital Los Angeles “has received the first installment and we are grateful to Mr. Depp,” according to DeAnn S. Marshall, senior vice president, chief development and marketing officer of the hospital.

Divorce Settlements

No one has ever said that divorce is a cheap process. For the most part, if you and your spouse are unable to come to a decision on things, divorce can be an expensive process with an expensive aftermath.

To Consider

If you are unhappy and unable to continue your marriage, then divorce might be the best option for you. There are some financial considerations you will need to make. Here’s a little of what you can expect:

Living as a single person costs more. This can be increasingly true for couples that share children.
Your standard of living might drop because of increased living costs that are no longer being shared.

But there are ways to minimize the financial damage. You’ll want to review these steps if divorce is in your future.

Minimize Financial Pain During Divorce

Work with a Lawyer

Even if you have decided that you don’t want to work with an attorney, at least consult one so that you are aware of your rights and options. You need to protect yourself. Even the most amicable of divorces can get sticky when it comes to ironing out the legal ramifications and you’ll want to do the best you can when it comes to protecting yourself. Remember that bitterness can cause people to do things they wouldn’t normally. Most lawyers offer a free first consultation.

Look at Your Credit Reports

You are able to pull free credit reports three times a year. These reports show all of the credit accounts that exist in your name, in addition to those you share with others. You’ll want to look for new accounts opened in your name and any changes that are unexpected. Your credit score can be damaged by a spouse that fails to pay joint bills.

Close and Monitor Your Joint Accounts

A lot of times divorcing spouses will move money from joint accounts to individual accounts so that the other spouse is unable to recover the cash. A lot of times this leads to large amounts of debt on joint credit cards, for which the innocent spouse is also responsible for.

The Consumer Financial Protection Bureau says:

When you have a joint account, each account holder is responsible for the full amount of the balance. The card issuer can seek to collect the amount due from either account holder.

Because of this, it’s advised that you close or freeze your shared financial accounts, including credit cards, joint bank accounts, and lines of credit. You will then need to open lines of credit under your own name. You might consider moving to new institutions to avoid confusion. If your spouse is resistant to this, try to do it on your own by consulting the account rules in the contract you signed when opening the account. You can also ask your bank to help.

Remember to also remove your spouse’s name as an authorized user from your personal accounts.

If you must retain a shared account because of costs related to children, try to limit it to one. Make sure to monitor the activity on the car by requesting balances and records of the most recent transactions. You can do this from an ATM, bank branch, or online.

Document Your Money — All of It

Try to locate every single marital financial resource, including:

All accounts and assets held jointly and individually. Record the balance, date, account number, authorized users, and contact information for each bank or creditor.
Incomes, property, retirement plans and all other assets owned jointly and individually. This should include vehicles, homes, jewelry, furniture, brokerage accounts, and insurance policies.

Make sure you keep everything in one place. Regardless of if you work with a lawyer or not, the court will need statements and documents pertaining to all accounts, assets, bills and debts. Organize everything in a file cabinet. Include:

401(k) statements
Insurance policies
Real estate purchases
Mortgages and refinances
House appraisals
Brokerage accounts
Money market accounts
Tax returns

Work with a Divorce Financial Analyst

You might consider working with a divorce financial analyst that can help with your settlement by:

Locating assets. This also includes hidden assets.
Ensuring information about family finances is accurate and complete.
Developing a long-term forecast of how your divorce will affect your finances when it comes to retirement needs, tax liabilities, and benefits.
Developing a realistic household budget so that you know where you stand in terms of life insurance, health insurance, and cost-of-living increases.
Appraising and/or valuing assets.
Preparing financial affidavits that describe your financial and tax implications when it comes to various divorce settlement options.
Mediating a financial agreement between you and your soon-to-be ex-spouse.

Get Your Name on the Deed

Regardless of if you are getting divorced or not, make sure your name is on titles and deeds of property you own together. This is important for all spouses, and can become an issue in cases of a spouse passing away.

This property is considered marital property in the state of California, and will need to be divided should you divorce your spouse.

When it comes to dividing assets during a divorce there are various concerns you will need to deal with when it comes to dividing the marital property.

What State do you Live in?

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

Other Considerations

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

Identify the assets owned by you and your spouse
Categorize all assets as marital or non-marital property
A value will need to be assigned to the assets
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.

Change Beneficiaries & Rewrite Your Will

After your divorce you will need to change the beneficiary on your assets, including insurance or stocks, bank accounts or retirement accounts. You’ll also want to update your will too if it lists your spouse’s name.

Have a Financial Plan

You’ll need to know how to budget according to your new income amount. Putting this together before entering the divorce process will help you understand your needs following the divorce so you can come to a settlement that works.

Make sure you plan for college tuition, child care, children’s lessons, sports and activities, and your own retirement, taxes, transportation and housing.

Financial Future

Considering your financial situation after your divorce can feel daunting and overwhelming, but if you take the right steps, you can be sure to set yourself up for financial freedom. It might take some tweaks, but consider the fact that you are now completely in charge and able to make your own decisions regarding how your money will be spent. Embrace it, and embrace the freedom you now have.

A Family Law Attorney

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

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Tags Amber Heard, divorce settlement, Johnny Depp

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Osbournes Call Off Divorce

Post author By Scott
Post date August 1, 2016

Sharon and Ozzy Osbourne announced their divorce earlier this summer, but it now appears they have called it off.

Osbournes Call Off Divorce

After being married for 33 years, and amid rumors of infidelity, Sharon and Ozzy Osbourne announced their divorce at the end of the summer. But just recently the two took to two various talk shows to discuss the fact that they will be staying together.

This week, Black Sabbath frontman Ozzy Osbourne sat down with Good Morning America to explain that the couple is “back on track” after going through a low point in their marriage. As he explained of their marriage and reconciliation, “Some days are good. Some days are terrible. Some days you just drift apart for a while but you get back on the horse.”

Sharon also spoke openly about the couple’s relationship on her talk show The Talk. “I just can’t think of my life without out him. Even though he is a dog. He’s a dirty dog,” she said in regards to his alleged infidelity. “So there we are. He’s going to pay big.”

“He’s very embarrassed and ashamed about his conduct. Through his shame and embarrassment he finds it hard to get it out. With you guys I think he’ll be much better. It will be easier for him to speak,” she went on to say. “I can’t speak for him. But for me, um, yes, you know. I forgive. It’s going to take a long time to trust but you know we’ve been together for 36 years, 34 of marriage, and it’s more than half of my life.”

Cancelling a Divorce

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.