Category: Divorce

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

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Tags Child Custody, Divorce

Divorce

Orange is the New Black Writer Files for Divorce

Post author By Scott
Post date September 16, 2014

Lauren Morelli, a writer on the hit women’s prison show, “Orange Is the New Black” has reportedly filed for divorce. The two were together for six years.

Ex Husband

Morelli’s soon to be ex-husband, Steve Basilone is also a TV writer. The two were married just months prior to when Morelli joined the show’s writing staff. According to court documents the jointly filed divorce is stated to be an amicable split. Morelli has publicly referred to her soon to be ex as “the person I loved most in the world.”

Sexuality

While the divorce filing is new, Morelli’s much talked about sexuality is not new to the public. Morelli went public regarding her sexuality in an essay for Identities.mic. It was written six months after her and Basilone decided to end their marriage.

Only five months after getting married, the writer went to New York with “OITNB” to realize she was not straight. In the first season of OITNB, the lead character, Piper, re-ignites a fling with former lesbian lover Alex once they are thrown in jail together. Her feelings for Alex obviously cause a strain on her relationship with fiancé Larry. According to Morelli, working day in and out on those characters and story lines in the writer room, paved the way for her realization. “In Piper and Alex, I’d found a mouthpiece for my own desires and a glimmer of what my future could look like,” she wrote.

“Shamelessly Borrowed”

She also went on to say she “shamelessly borrowed” lines from her own life, putting them in Piper and Larry’s mouths as their heterosexual relationship crumbled. “I went through it all on set: I fell in love with a woman, and I watched my life play out on screen,” Morelli said.

She and actress on the show, Samira Wiley have been dating since at least the beginning of this year. But the situation is still a little rough. “Some days you feel on top of the world, like nothing can stop you,” Basilone tweeted. “And others you’re on TMZ.”

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

Source: The Los Angeles Times, Samira Wiley’s ‘OITNB’ writer girlfriend files for divorce from husband, September 15, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Divorce

Divorce Family Law

Steps for Summary Dissolution

Post author By Scott
Post date September 15, 2014

After you have verified that you meet all the requirements for a Summary Dissolution (a form of ending your marriage), these are the steps you must take to get that Summary Dissolution taken care of.

Paperwork

You must first file two documents with the County Clerk in the county where you are filing: a Joint Petition for Summary Dissolution and a Property Settlement Agreement document. After a mandatory six-month waiting period, either party is able to file a Request for Final Judgment. This completes the process and finalizes the divorce. If a party wants to stop the process they must file a Notice of Revocation of Petition for Summary Dissolution before the six months have passed, or before the Final Judgment request is filed. If neither the Request for Final Judgment nor the Revocation of Petition are filed for, the court may dismiss the action in order to clear its records.

No Need for Court

With a summary dissolution there is no need for spouses to appear in court. A lawyer is also not needed, though it is advised that you consult a lawyer prior to beginning the process. It makes sense that both parties must both agree to entering into this form of judgement – because there is no trial or hearing, you also cannot appeal the decision in a higher court. Thus, challenging the dissolution can be a timely and expensive process.

Alien

If an alien who has gone through the process of becomming a permanent resident by marrying a U.S. citizen or permanent resident obtains a summary dissolution within two years of marriage there is a risk of deportation.

Community and Separate Property Paperwork

There are worksheets available for the couple to fill out in order to determine the value of separate and community property, as well as community obligations. These worksheets must be filed with all other previously mentioned forms. The Property Settlement Agreement must outline the division of community property and obligations. It also must include a Waiver of Spousal Support (this means that no alimony from either party will be paid). Both spouses must sign and date the agreement.

Filing Process

Once all forms are completed, they must be filed with the County Clerk in triplicate. You must also pay a fee. A case number is then assigned and two of the copies are returned – so each party has a copy. After the six-month waiting period, if the parties are in complete agreement to go through with it, one of the spouses must fill out the Request for Final Judgement (again in triplicate), file the form and pay a small fee. One copy is kept for the clerk for official records. The other two copies are mailed to each party. The day the forms are mailed indicates the date the marriage is ended, that the Property Settlement Agreement is binding, the parties have no obligations to each other (except for the binding agreements), and the parties are legally free to re-marry.

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

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Divorce, summary dissolution

Divorce Family Law Mediation

Fear Divorce? Mediation Might Be Best

Post author By Scott
Post date September 12, 2014

With divorce comes the fear of the situation getting out of control. Divorce is stressful for all parties involved, and has the potential to bring out the worst in people. If you fear a stressful divorce, you might want to consider another option: divorce mediation.

Mediation

Mediation allows for a negotiation process in which everyone involved puts together an equal outcome that feels fair to both parties. Mediation can also be a quicker process because both sides are working together t reach a mutual final agreement. Mediation has become a popular option in the U.S. over the years, and has helped to settle 50-80% of divorce cases. Mediation allows each spouse to have a full say in the outcome of their divorce. Working through the dissolution of a marriage with a mediator, allows couples to be less defensive and more informed. Mediators are also there to offer advice or simple solutions that the couple may not have considered.

Consider Mediation

Mediation is a great option. It usually takes half the amount of time a divorce does, and couples, on average, spend at least 50% because of the decrease in the amount of time. This is because you aren’t paying for a lawyer’s time for a traditional court proceeding.

Why It Doesn’t Work for Everyone

Because mediation is focused on coming to an agreement, it doesn’t always work. If a spouse and his or her ex cannot come to an agreement on anything, then this probably won’t be the best option. A traditional court process might be the best for that situation. But mediation presents a positive environment for couples can go without feeling the need of getting combative.

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

Source: Digital Journal, Family Law in Denver Addresses Mediation Spike in the United States, September 14, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Divorce, Family Law, mediation

Divorce

Divorce Hotel – Check in Married, Check out Divorced

Post author By Scott
Post date September 11, 2014

There’s a new way to get divorced, and it’s almost as easy as packing your bags for a vacation.

The Gideon Putnam Resort & Spa in Saratoga Springs, New York is already known for offering high-end wedding settings, but it’s now offering an alternative option to those looking to end their marriages.

The Divorce Package

For just $5,000, a divorcing couple gets separate rooms, access to the spa, tennis courts, swimming area, golf courses, as well as a lawyer. Jim Halfens, who already runs a similar type of program in the Netherlands, will be running Gideon Putnam’s divorce program. “Practically, they are divorced after signing on Sunday,” Halfens said. “After signing, all work is done and we send it to a judge who only puts a stamp on it to make it official.”

The Divorce Package – Reality TV Edition

Guests will also be able to opt in to have their weekend filmed for a reality show that’s currently in progress. To participate, couples only need be U.S. citizens and agree to solely use the attorneys provided by the program. The hotel’s website boasts of suites that book for $500 and more per night that are surrounded by the “breathtaking beauty of Saratoga Spa State Park.” The divorce package is a departure from some of the other available packages the hotel offers, such as the ‘New York Girls Getaway’ and ‘Share the Romance. It’s expected to be available towards the end of September.

Large Appeal

Hotel representative, Rob Sgarlata, a hotel representative, thinks the new package will appeal to a different type of clientele. He does not fear the Gideon Putnam’s reputation as a romantic destination for weddings will be ruined by its latest offering. “From our point of view, these are more guests with a specific need, and we have an opportunity to help them to fill that need,” Sgarlata said. “We don’t see it as different from any of our other groups.”

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

Source: Fox News, New York luxury hotel offers $5000 weekend divorce package, September 8, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Divorce

Divorce Family Law

Can You Do DIY Divorce?

Post author By Scott
Post date September 9, 2014

Yes, you can file your divorce and complete the process without the help of an attorney. But before you decide that you can do your divorce on your own, you might want to consider these tips.

Good Candidate?

Are you a good candidate for a do-it-yourself divorce? If you meet the following requirements, you might be:

You and your spouse agree on all issues such as division of property, custody, and any necessary support such as child or spousal support.
You’re satisfied that you have complete information regarding your family’s assets and debts. The assets and debts are fairly simple.
You are comfortable with the arrangements you have made regarding custody and support, as well as shared parenting time. Basically, you feel the settlement you and your spouse have come to is fair and reasonable.

Time and Patience

Another thing you will need to consider when considering a do-it-yourself divorce is if you have the time to research California’s state law, as well as gather all the necessary documentation. Will you also be able to follow through with the court filings and appearances. You will also need to be patient to deal with the emotions that might come into play once you file a divorce – even if you and your spouse are in complete agreement. Often times, this is where mediation can help you sort through any issues you might have regarding the divorce.

Consider Mediation

If you and your spouse find there are still some issues standing between you and the do-it-yourself divorce, you don’t have to rule it out just because of those issues. You might just need a divorce mediator to bring closure to those issues that are still causing grief. A mediator will be able to work with both sides to help you get to an agreement.

Last Considerations

While a do-it-yourself divorce might be the answer for you, you’ll also want to consider some other things – like consulting an accountant for any potential tax issues, or if there are any unresolved anger or deception that you might need to protect yourself from. You’ll want to be 100 percent positive going into the divorce that you will not need to seek an attorney’s help later on. But have no fear if you do decide that. An attorney can help ease any issues you and your spouse are having.

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

Source: Divorce Net, Do-It-Yourself Divorce: Ten Tips, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Divorce

Divorce Family Law

Divorce and Moving Out of State

Post author By Scott
Post date September 8, 2014

After you’ve decided to divorce from your ex-spouse you may decide you want to move states to get a fresh start. Wondering if you can leave the state before filing for divorce? Or if it would be better if you waited for the divorce to be finalized before moving? Here are some answers for you!

Establishing Jurisdiction

Before a state can grant a divorce, it needs to establish jurisdiction over both spouses. Jurisdiction gives the state a right to decide issues between the two spouses. The petition/complaint that is filed when you “file for divorce” attests to the fact that you meet requirements of residency. This agreement gives the state jurisdiction of you. And when you serve your soon to be ex-spouse with a copy of the petition/complaint, the state also gains jurisdiction over him or her. Once this jurisdiction is established you can leave the state – either temporarily or permanently. The exception to this is if you have children.

California Residency Requirement

You must meet a state’s particular residency requirement at the time you file a complaint/petition for divorce. In California a judgment of dissolution of marriage cannot be entered into unless one of the spouses has been a resident of the state for six months, and of the county in which the proceeding is filed for three months, prior to the filing of the petition. For the purpose of dissolution of marriage, the husband and wife may each have a separate domicile or residence, depending upon proof of the fact and not upon legal presumptions.

The exact time period depends on individual state laws; however the time must usually be continuous. So if you are living in a state that has a three-month requirement, you are not able to live there for two months, leave for a month, then return for a month, and then file for divorce. But once you have already filed, stating your requirements of residency, jurisdiction requirements over you are satisfied. That means you don’t have to stay once the paperwork is filed.

Considerations

It’s important to remember that most divorces usually involve court appearances. Some states might also require that mediation has happened in an effort to resolve issues prior to filing. You’ll want to avoid having to return to the state in which you’ve filed to finalize your divorce. So if it’s a fairly straight-forward divorce, you might consider staying in the state until it’s finalized.

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

Source: Legal Zoom, Leaving the State After Filing for Divorce, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Divorce, jurisdiction

Divorce Family Law Spousal Support

Paying Alimony to an Accused Murderer

Post author By Scott
Post date September 4, 2014

Having to pay alimony to an ex-spouse can be one of life’s frustrating situations. It’s often an obligation that people just have to grin-and-bear. But for one Utah woman, it’s so much more than an annoyance. For her it means paying alimony to an ex-husband that has been accused of murdering her new husband.

Joy Sidwell

Joy Sidwell of Lindon, Utah, recently asked a judge to allow her stop making the monthly $500 alimony payments to her ex-spouse, Fred Lee. Lee allegedly killed Sidwell’s new husband, Mike Sidwell, in July. According to authorities, Lee, 59, is being held in the Utah County Jail on aggravated murder charges, among others.

Fred Lee

According to court documents, Lee told police he was searching for Sidwell “to kill her,” on July 3. Reportedly, he then entered the Sidwell home searching for his ex-wife, but shot and killed her current husband, Mike Sidwell. “My grandson called me and said, ‘Call [Mike] and tell him we saw grandpa [Fred] hiding behind the van.’ But it was too late, he had already been shot. It’s been a nightmare,” Joy Sidwell said.

Alimony Obstacle

Sidwell had filed stalking complaints against Lee in 2005 and 2007. She also had protective orders issued for him. She feels this issue of alimony is another obstacle in the legal system. “It should be a simple thing. I shouldn’t even have to go to court to do it,” Sidwell said. “They should just see that.” According to Sidwell, Utah State Court Commissioner Thomas Patton told her she is over-reaching. “But I’m like, ‘You don’t know how this guy [Fred Lee] thinks,’” she said. Lee has been awarded alimony due to a head injury that prevented him from working, Sidwell said.

Utah Law

While Utah law does not address unusual situations like this, the government website does reference how the role of material changes with modifying alimony payments. According to Utah state law, “if there are substantial material changes in circumstances not foreseeable at the time of divorce, either party may petition the court for an order modifying alimony. However, the court may not modify alimony to address needs of the recipient that did not exist at the time the decree was entered, unless there are special reasons for doing so.”

Sidwell has plans to return to court on Sept. 15 to petition for the alimony payments to be stopped. Lee will legally be allowed to contest her petition.

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

Source: ABC News, Woman Pleads to Stop Alimony Paid to Ex-Husband Accused of Killing New Husband, August 26, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Alimony, Spousal Support

Child Support Divorce Family Law Spousal Support

The Problem with Alimony

Post author By Scott
Post date September 3, 2014

Alimony, also called “spousal maintenance,” is the legal obligation a person has to provide financial support to his or her spouse. This can be claimed either before or after a divorce. Alimony used to be considered a legal right of the spouse that was wronger in the divorce. New no-fault divorce laws have made alimony a conditional legal right that is based on various statutory factors and case laws. But alimony can be a tricky thing, mostly because economically speaking, divorces spouses are not equal. Typically the two spouses have different earnings and earnings potentials. Because of this fact, it falls to family courts to determine and rectify economic inequality that ultimately comes when two people decide to divorce.

No Set Formula

Unlike child support, there are no general standards or formulas for a court to determine the amount and terms of alimony. Because of that, cases that have similar facts and bases have very different outcomes. Alimony also tends to prolong divorces, and nearly 80% of divorces come with a request for alimony modification. Since alimony is so widespread, and since there is so much variance in the rulings, there is an underlying belief that alimony needs to be fixed, and that uniform standards and formulas should be created.

The Problem with a Formula

While a formulaic approach to alimony might sound like a good idea, it’s important to remember just how there is not a “one size fits all” answer for marriages that differ by type, socio-economic reasons, as well as just the facts of a marriage. A simple calculation might be too easy to supplement when full merit of a nonworking spouse’s worth needs to be taken into account. An example of this is the idea that if alimony duration is determined by length of marriage, a woman who falls victim to domestic abuse will face impossible decisions like “should I stay in this marriage until I meet a certain cut-off date for support?”

Re-Focus

Rather than looking for a one-size fits all, it might be best to encourage equal economic allocations and financial control during the marriage, or during the combining of a couple’s finances. Postnuptials and prenuptial agreements should be discussed more thoroughly, as should estate plans that provide for trustees and third-party wealth administrators. Essentially, some financial planning should be done during a divorce, so that the burden of deciding on a person’s finances after a divorce no longer completely falls to a judge or a court.

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

Source: Time.com, Alimony Is Broken — But Let’s Not Fix It, September 1, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550