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

Legal Separation Compared to Divorce

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

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 Divorce Family Law

Child Visitation Supervision

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

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

Divorce, Children, and the Holidays

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

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: a Life Changing Financial Event

For a lot of people divorce will be a life event that will shake up not only their emotions, but also their finances. Though the process can be a difficult one, preparation and planning can help protect you and your future.

Planning Before the Divorce Process

Before you start the divorce process get your finances in order. This means knowing your assets and their values. You’ll also need to identify what is owned separately and what is owned jointly with your spouse. Sort through your financial inventory and be ready to do the following:

  • Develop a budget for before and after the divorce – you’ll need to figure out what your new financial goals will be
  • Compile your bank statements and records – you’ll want to hand this off to your attorney
  • Make sure you have copies of all joint tax returns
  • Check that your taxes are up to date
  • Jointly owned assets should not be given away or transferred at this time
  • Do you have bank safety deposit boxes? You’ll want to check them
  • Don’t make any large purchases – they could get you in trouble down the line
  • Have your attorney review all documents before signing them
  • Consult your attorney before agreeing to any distribution of assets

What Will Divorce Mean for Your Finances?

You might have more wealth after your divorce – and you will need to have a financial plan for it, as well as financial goals. Chart your income and expenses so you have a thorough understanding of what’s coming and going. If there are kids involved you’ll need to figure out if you’ll be able to support yourself and them after a divorce. Will you be receiving child support or will you need to pay it? What is the tax situation for these payments? When do the payments start? Will you be required to seek employment if you do not already have a job?

Debt and Employee Benefits

You will be responsible for debts on any of the assets you keep. Know what this debt is. You should also be aware of the debt your ex-spouse has. Make sure that any accounts that need to be separated truly are, and that your name has been removed. You’ll also need to make sure you understand how life, health, and disability benefits will be impacted. Who will be covering the children’s health care. You might also need to split up retirement accounts and stock options.

There are numerous questions that you will need to answer. Your financial advisor, tax professional, and attorney can walk you through any complex questions you have. Having the right advisors in place will help you get through this emotional life event.

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

Source: Huffington Post, Sudden Wealth From a Divorce?, August 21, 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 High Net-Worth Divorce

Privacy and Divorce

When celebrities or high net worth couples divorce, it seems everyone knows, even when every attempt is made to keep it out of the public eye. Knowing that there are spying eyes is the first step in protecting private information.

Divorce in the Public Eye

Divorce can get ugly, it goes without saying. Warring couples can argue about anything. But perhaps the one thing they can agree on is the need to shield any children involved. For high net worth couples, they also seem to agree on the need to keep the family’s name and legacy in good standings.

According to partner and co-chair at Pryor Cashman LLP, Judith L. Poller, “Celebrity clients nearly always arrive at a settlement rather than going to trial. After legal costs, privacy concerns are probably the biggest reason why.”

Gain Control of Divorce

But often a high net worth spouse, in an effort to gain control during the divorce process, will leak any information they have, or authorize other members of their team to leak information on the other parent, according to Stacy D. Phillips, a founder and Managing Principal at Phillips Lerner LLC. In these cases, the children become collateral damage.

“Everyone understands that anything said in court is on the record. Some judges are more inclined than others to compel parties toward settlement by facilitating private backroom discussions. In California, where all filings, except paternity, are open to the public, clients have the ability to hire private judges to hear arguments and make rulings confidentially,” said Phillips. ”Even so, hearings before a private judge are considered public trials and technically anyone can attend, but in reality the press does not. And, all pleadings must still be filed at the public courthouse.”

Going Public

But even when court documents are sealed, it seems private information can still be leaked. “Tort claims often seek damages for wrongdoing not covered by marital law, including allegations of assault or sexually transmitted diseases. Even if unfounded these accusations can be incredibly harmful to business prospects and professional relationships,” said Poller. So, when pursuing your high net worth divorce, you should understand your jurisdictions laws regarding how proceedings and filings are kept private, while also ensuring your team of professionals is doing everything they can to ensure privacy for everyone involved.

Source: Forbes, Protecting Privacy In A Divorce, December 8, 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 High Net-Worth Divorce

High Net Worth Divorces

Some divorces, especially if preceded by many years of marriage, involve a large number of assets. In these instances, a divorce is called a high net worth divorce.

Divorce v. High Net Worth Divorce

Just as any other divorce, a high net worth divorce requires the agreement to a settlement. What differs with high net worth divorce is that there is usually much more at stake than couples that have fewer assets. Still, each aspect must be reviewed thoroughly. Things to be considered in any divorce include: Division of assets, division of debts, child custody, child support, and spousal support, otherwise known as “alimony.”

Resolution

A judge always prefers you try to resolve issues through mediation and compromise. But while it’s always best for a couple to come to resolutions together, if they can’t, a judge will be able to make rulings on the various aspects of a divorce. Usually this will require more time, and as a result more money, but often times, especially when there are a great many assets to be settled, going to court is the only way for a couple to reach an agreement. A lawyer will be able to guide you through the divorce process.

Finding a Lawyer that Handles High Net Worth Divorces

If you are facing a high net worth divorce you should seek the immediate assistance of a lawyer experienced with high net worth divorces. Your chosen attorney will begin the divorce process by reviewing your specific financial situation before they determine the best way to proceed. It’s best that you act quickly in finding an attorney, as you don’t want to risk losing your money due to poor decisions, or by making no decisions. A knowledgeable divorce lawyer will help to get you what you’ve earned, and will also try to make the process as easy as possible.

Source: ProDivorce, How Should I Handle a High Net Worth 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 Support Child Visitation Divorce Family Law

Child Custody Decisions

There are a number of key questions that need to be raised when it comes to child custody rights. There are multiple considerations that need to be made when a court determines a custody ruling. Here are some things you should educate yourself on if you are facing a child custody dispute.

Divorce and Child Custody Decisions

Decisions regarding child custody are usually arrived at through the help of attorneys and mediators or by the court. More specifically, either two parents are able to come to an agreement either through informal settlement negotiations or mediation, or a court (usually a family court judge) needs to decide for them.

Unmarried Parents

Often times custody and visitation rulings can be a more simplified process when a child’s parents are unmarried. This is because the focus can be given to he child custody dispute, rather than being spread across other issues such as division of property and payment of spousal support. In cases with unmarried parents, the family court’s primary consideration is usually identifying the child’s “primary caretaker.”

Non-Parental Child Custody Decisions

Sometimes relatives like grandparents, aunts, uncles, and close family friends wish to obtain custody. Often states label these cases “non-parental” or “third-party” custody, or obtaining “guardianship.” Each state has specific statutes regarding these cases. Working with a licensed attorney in your area will help ensure you follow the rules of your state’s court.

 

Source: FindLaw, How Child Custody Decisions Are Made, 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 High Net-Worth Divorce

Divorce Rate Not As Bad As You Think

There’s a common statistic tossed around when people talk about the divorce rate: “50% of U.S. marriages end in divorce.” But it’s apparently not true.

Divorce Rate Not 50%

A recent piece published by the New York Times’ blog Upshot reports that the divorce rate is not only not at 50%, but it’s not rising either. It’s actually been dropping for the past years, making what was a high divorce rate in the late 1970s and early 1980s perhaps just a “historical anomaly,” and not an actual trend.

Some New Stats

Here are a few more facts the piece uncovers:

  • Roughly 70% of marriages that married in the 1990s reached their 15th wedding anniversary – this is an increase from the 65% of marriages began in the 1970s and 1980s.
  • Couples who wed in the 2000s are getting divorced at even lower rates than those marriages that began in the 1990s.
  • According to economists Betsey Stevenson and Justin Wolfer, the  1970s feminist movement had a big impact on where the divorce rate stands now. As women entered the work force and birth control was made more available, marriage began to turn into its “modern-day form, based on love and shared passions, and often two incomes and shared housekeeping duties.”
  • People are marrying later in life – they often seek having full careers before “settling down.” Median age for marriage in the 1950s was 23 for men, 20 for women. In 2004, the median age for marriage was 27 for men, 26 for women. Getting married later in life allows people to really know what they want or don’t want out of a mate, thus making marriages more stable once entered into.

Seeking a Divorce

While the divorce rate may be lower than you thought, people still find themselves unhappy in their marriages. The spike seen in the 1970s and 1980s might have also been the result of divorce becoming more socially acceptable. Prior to that, people feared being judged, and thus stayed in unhappy marriages. Luckily, that isn’t the case anymore, and unhappy couples are free to divorce and start new lives. If you’re seeking a divorce, you might want to consider working with a divorce attorney that can help you through what can be a difficult process.

 

Source: The Huffington Post, The Truth About The Divorce Rate Is Surprisingly Optimistic, December 2, 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 Modification to Family Court Orders

Appealing a Divorce Settlement

Either spouse is able to appeal a court’s decision on the divorce judgment – regardless of if the settlement came through settlement agreement or a court. Certain decisions, certain rights, and certain obligations are able to be challenged.

Quick Note

While either spouse is able to appeal a court’s decision to a higher court, it’s unusual for the appeals court to overturn the initial decision.

Appeal a Divorce Settlement

If you disagree with the ruling and decide to appeal it, your lawyer will file a brief containing your legal argument tat the court judge incorrectly applied the law when making his or her decision. The opposing side will file their brief stating the trial judge was correct in making his or her decision. Appeals court is heavily reliant on the “record,” which is a written version of what occurred in the first trial and new evidence is usually not introduced during the appeal. Because of this, the success of appealing depends on what occurred during the trial. After the appeals court makes its decision, you are not able to appeal it further.

It’s important to remember that you cannot appeal an agreement if you agree to it. So if you are in agreement regarding property, child support, etc…and that agreement is approved and then finalized by a judge, you are usually stuck with the terms decided to in that agreement. If you’re still in disagreement with anything in the settlement, you are are able to modify the divorce judgment.

Modifying a Divorce Settlement

After a divorce judgment has been entered, you’re still able to change certain aspects of it including: child custody arrangements, visitation schedules, child support, and alimony (spousal support). This is called a “motion to modify” the divorce judgment. You will usually file this in the same court where the divorce was originally filed and thus where the judgment was issued.

 

Source: FindLaw, Appeals and Motions to Modify the Divorce Judgment, 2014

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co