Category: Divorce

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Divorce

Divorce: Who Files First? Men or Women?

Post author By Scott
Post date October 31, 2014

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

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

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Child Support Divorce Marital Property Division

Mortgage After Divorce

Post author By Scott
Post date October 30, 2014

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

Don’t buy a house during the divorce proceedings.
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.
Don’t rush into buying a new house.
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

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Divorce, divorce advice

Divorce Family Law

Stress and Divorce

Post author By Scott
Post date October 28, 2014

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

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Divorce, legal separation, separation

Divorce

Kardashian-Odom Divorce Proving Difficult

Post author By Scott
Post date October 24, 2014

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

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Divorce, Divorce filing, divorce proceedings, Request for Dismissal, Request to Enter a Default, Spousal Support

Divorce Family Law

California: The Place to be for Same-Sex Divorce

Post author By Scott
Post date October 16, 2014

If you’re in a same-sex marriage and want a divorce, you might find yourself with a bit of an issue. There are two questions you’ll need to answer: will the state that granted your marriage actually recognize your divorce? And will the state you currently reside in grant you a divorce if it does not recognize same-sex marriage?

California: Your Answer

If you find yourself in a state that will not grant you a divorce, you might want to consider divorcing in California. California divorce laws require a 6 month residency for divorce – regardless of the spouses’ sex. But California also will permit same-sex couples who are not residents of California to also get divorced here under special circumstances – namely if the couple were married in California and the state they live in will not dissolve their marriage.

Couples in Limbo

Unfortunately, a lot of same-sex couples are left in limbo when they seek divorce as a lot of states still do not recognize same-sex marriages, and thus do not grant same sex divorces. And just like with any other marriage heading towards divorce, remaining married is not a wise decision. All rights and responsibilities remain intact until legal divorce proceedings are initiated.

How and Where to File

If you and your spouse were married in California and the state you live in will not dissolved your marriage, you should file in the California county where you were married. You might also want to consider hiring an attorney who is experienced in same-sex divorces. Since the laws are fairly new, you’ll want someone who has had experience and knows how to get you the best settlement possible. Even if you do not need to go to court, you might want to consider an attorney – they’ll be able to advise you on the correct forms and process steps that are required for legally dissolving your same-sex marriage.

Source: Lawyers.com, Same-Sex Divorce For Out of State Residents, October 3, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Divorce, divorce laws, new divorce laws, same-sex divorce

Divorce

The Catholic Church Might be Reconsidering Divorce

Post author By Scott
Post date October 13, 2014

A new document released by the Vatican seems to be calling for the church to change its current stance on divorce, gay people, and unmarried couples, as well as the children of these less “traditional” families.

12-Page Preliminary Report

While the preliminary 12-page report, written by a committee of those hand-picked by the pope, will not alter Roman Catholic doctrine or teaching, it does mark a change towards understanding and mercy, and one that falls in line with Pope Francis’ papacy. The report will now be subject to debate and revision at the assembly of 200 Catholic bishops, also called the synod.

The report goes on to say that without abandoning current church teachings regarding the sacrament of marriage, pastor should recognize there are “positive aspects of civil unions and cohabitation.” That marks a large departure from traditional Catholic feelings that such couples “live in sin.”

Responses and Objections

The reading of the document was followed by responses and objections from 41 of the gathered bishops, those who seem to be in alignment with Francis’ vision, and those whole feel the church is running the risk of betraying traditional doctrines regarding marriage and homosexuality.

The synod’s special secretary, Archbishop Bruno Forte said that though the church doesn’t condone gay unions or gay marriage, it must “respect the dignity of every person.” He continued, “The fundamental idea is the centrality of the person independently of sexual orientation.”

Next Steps

The report will next be subject to scrutinization of the bishops in attendance. A final report will then be released to churches around the world for discussion over the next year. A second synod will then be held in Rome next October. Regardless of the consultation and debate, Pope Francis will still ultimately set the course.

According to Cardinal Luis Antonio G. Tagle of Manila the report is a marker by which bishops can “see what needs to be deepened, what needs to be clarified, and what other things should be raised, which we have not yet raised.”

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

Source: The New York Times, Vatican Signals More Tolerance Toward Gays and Divorce, October 13, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Divorce

Divorce Spousal Support

Determining “Standard of Living” in Spousal Support Decisions

Post author By Scott
Post date September 29, 2014

When it comes to spousal support after a divorce, there’s a little known factor that California law supports. Courts are required to set spousal support awards that are based on the standard of living that was established during the time of the marriage. But the problem is – how does a court decide what the marital standard of living was?

Defining “Standard of Living”

The “marital standard of living” is meant to be a general description of the status in financial living that the spouses had achieved prior to filing for divorce or legal separation. This determination of this can be tricky due to the fact that sometimes couples live beyond their means. In those cases, it’s easy for a trial court to base its spousal support award on the parties’ income rather than expenditures. This can also be hard to judge if one party worked excessive hours to achieve the amount of money to sustain that standard of living. But a focus on expenditures can also lead to low measure of standard of living if a couple decides to live modestly.

What a Court Looks At

Since there are so many ways to “break down” the numbers in terms of income versus expenditures, a court must take many different things into account when they are looking for a true marital standard of living. Here are a few examples of those factors:

Family, vacation homes, residences acquired during marriage
Any sources of unearned income
Automobiles, boats, airplanes, and other vehicles purchased during marriage
Did/do the children attend public or private school?
Pension, profit sharing, retirement, bonuses, stock plans, and other employment benefits as well as stocks, bonds, and investment accounts
Social activities
Personal property such as furniture, collectibles, antiques, jewelry, and other valuable items
Charitable donations and contributions
Inheritances or gifts received before, during, and after marriage
Debts and outstanding loans

Decisions

Once a court is able to weigh all thee variables, they will be able to render a truer judgement regarding spousal support.

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

Source: CEB, Keeping to the Style in Which They Have Become Accustomed, December 12, 2011

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags marital standard of living, Spousal Support, standard of living

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Tips for Dividing Art During Divorce

Post author By Scott
Post date September 22, 2014

During divorce, one of the biggest arguments that can be had is over the artwork. Because of this, if you’re an art lover on the verge of filing for divorce, you might want to take some time to acquaint yourself with some legal and tax basics.

As Rough as Child Custody

“I’d put it in the same category as child-custody battles,” says Suzanne Landers, a family law attorney. She says that emotional attachments to are can often outweigh any financial considerations. In a lot of divorces, the decisions made regarding who gets what painting or sculpture can take longer than divvying up houses, cars, or even money.

Create an Inventory

According to Raoul Felder, a divorce attorney in New York City, divorcing couples need to first create a developed list that details all of the art that was bough during the marriage, and also prior to the marriage. Additionally, a list of the art sold price of the sale; and art that hasn’t been sold should be made. The art that has been obtained prior to the marriage, or (depending on jurisdiction) after the couple has legally separated or filed for divorce is not considered to be marital property, and is considered to belong to the spouse that purchased it. Another thing to remember is that if a spouse agreed to buy a piece prior to the marriage, and that piece arrives after the wedding, it is also excluded from the list of marital assets. It’s best disclose all relevant documents and pieces of art. As family and art law practitioner, Valerie L. Patten, warns, if fraud is determined, “half or even 100% of any undisclosed and unallocated assets may be awarded to the other spouse.”

Bring in an Appraiser

“The love of art grows exponentially after the appraiser’s report comes in,” especially when the items grow in value, says lawyer Ike Vanden Eykel. A couple can either decide on one appraiser, or can each hire their own. It’s important to remember that appraisers can determine different amounts, and those amounts can be far apart. The couple should either agree to split the difference if there are widely conflicting appraisals, or decide to take the differences into account when negations are made. You can then take other assets as parts of the bargaining process – such as the house, vacation home, or car. As Mr. Vanden Eykel says, “You don’t want to leave things up to a judge to decide, because the court will only order that everything be sold.”

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

Source: The Wall Street Journal, Tips for Dividing Art in a Divorce or Death, September 21, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550