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Divorce Family Law

Divorce Cancelled for Kardashian-Odom Marriage

Almost two years after filing, Khloe Kardashian and Lamar Odom officially signed papers to finalize their divorce in July. But now it seems that divorce might be cancelled.

Divorce Cancelled

Though the reality TV star and basketball player have been working towards divorce for the past few years, it seems that it might be a happy ending for the two. Albeit, one that is not without drama. At the beginning of October, Odom was found unconscious in a Nevada brothel and immediately transported to a local hospital. Kardashian flew to be at his side. Just recently Kardashian’s lawyer, Laura Wasser, asked a judge to withdraw the filed divorce papers.

Because it takes a minimum of 6 months for a divorce to be finalized in California, the two are still technically married. And only time will tell if the couple decides to stay that way.

Bittersweet Divorce

In a recent interview with Complex magazine, Kardashian, 31, expressed that Odom, 35,  is “going to always be that person,” a sentiment shared by others that have been through the same experience of divorce. It’s not always easy moving on after divorce, and each person has their own unique experience.

couple getting divorced

The divorce between the reality TV star and the former professional basketball player has been in the tabloids for years now. While it seemed as if the two were leading a charmed life in front of the cameras on their hit TV show, Khloe and Lamar, the relationship crumbled when the basketball player relapsed into his substance abuse problem.

Kardahsian filed for divorce on September 13, 2013. Odom could not be located to sign the papers.

In Life&Style magazine’s September issue it was  reported that the couple had received notice from The Superior Court of California County “alerting both Lamar and Khloe that their divorce is not complete — and once again, she didn’t respond.”

As of April of this year, it was still unclear what was happening between the two. It seemed as if Odom could not be located and Kardashian had still not moved to get a default divorce judgement, despite the fact that she was able to.

A default divorce judgement can be granted if the respondent does not file his or her response within 30 days of receiving the divorce petition. The petitioner can obtain a “default” divorce by filing court forms for judgment, child custody, child support, spousal support, and property division. No trial is necessary.

Still it seems that Kardashian did not want to move forward.

Divorce by Publication

When a spouse cannot be found, you are able to pursue a divorce by publication. To do so, you will need to prove to the court that you have searched for your missing or hiding spouse through a number of means. You will have to file a signed Affidavit of Diligent Search that proves you have exhausted your search, and the spouse can absolutely not be found.

Publication of Summons

After submitting the Affidavit of Diligent Search you will file an Ex Parte (Without Notice) Application for Publication of Summons; Declaration of Petitioner in Support Thereof; Memorandum of Points and Authorities. Once a court approves these it will issue an Order of Publication. This allows the summons to be published once a week for four successive weeks, with at least 5 days between successive publications.

Failure to Respond

The missing spouse has 30 days to file his or her response response, but if they fail to a Petitioner then files a Request to Enter Default Dissolution of Marriage. There is no final hearing and the divorce will proceed and be finalized six months after the first publication of the summons. While the court can grant the divorce, it is not able to legally make decisions regarding child custody, child support, or division of property.

Khloe Opens Up

Kardashian sat down with Complex magazine for their 2015 August/September issue to not only show off her well-trained body in an exercise-themed photoshoot, but also to speak to what had been happening between her and Lamar at that time.

“I talk to Lamar as often as I can, which is inconsistent, but not on my terms,” she said. “When you genuinely feel like that was the right relationship, you’re supposed to give it all you can. That’s what marriage is about. It’s not, ‘Let’s see if it works, if not we always have divorce.’ I am not one of those girls. You took a vow before God and you’re supposed to abide by that.”

While divorce papers were finally signed on July 21 of this year,  Kardashian said she hadn’t been “rushing” the divorce because she wasn’t “looking to get married tomorrow.”

“Lamar is genuinely one of the best people I’ve ever met, and everyone says that when they meet him. I think Lamar’s going to always be that person [for me] but that’s what made it so special,” she said. “Even if I had it for five years or whatever, it was the best ever and I’m grateful I did. Some people don’t get that ever and I had that magic for a long time.”

She misses Odom “every day,” she went on to say.

“I miss what we had – things we got to do together are just memories. I like looking back and holding on to that stuff,” she said. “I definitely miss it, and there’s times I’ll get so sentimental and so sad, but this had to happen for some reason. I’ll figure it out over time, someone will give me that answer eventually.”

Moving On

Moving forward after divorce means that every day you will need to actively work to progress and improve . As Professor Harold Hill once said: “You pile up enough tomorrows, and you’ll find you are left with nothing but a lot of empty yesterdays.” It’s time to take your life back into your own hands.

Big changes can be accomplished with small steps, like these:

  • Wake up
  • Get in the zone
  • Get moving
  • Eat well
  • Get inspired
  • Gain some perspective
  • Do something that will propel you forward

Get Some Sleep and Wake Up in the AM

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According to the National Sleep Foundation (NSF) 40 million Americans suffer from over 70 different sleep disorders. Additionally, 60 percent of adults and 69 percent of children have one or more sleep problems at least a few nights during a week.

Getting the right amount of sleep can help you have a longer life, increased creativity, memory, attention, and focus. It can help to lower stress and your risk for depression.

Bottom line: you need your beauty sleep.

Find Clarity 

Focus on the positive things in your life. What you set your focus on expands. After waking up from a restful night’s sleep, prayer and meditation can help orient you toward the positive.

Focus on what you are grateful for: being out of a marriage that did not serve you. There are limitless opportunities and possibilities for you every day, so start the morning off by getting yourself into a space of gratitude and clarity.

Physical Activity

By now we all know we need exercise. Still, according to the Center for Disease Control’s National Health Interview Survey, only one-third of American men and women between the ages of 25 to 64 engage in regular physical activity.

Regular exercise has shown to decrease your chance of depression, anxiety, and stress. It’s also been linked to higher success in people’s careers. Any form of exercise works: the gym, yard work, cleaning. Just get your body moving and every aspect of your life will thrive.

Take a Step Forward

Do the important things first. As you work through the day you’ll find your ability to make high quality decisions becomes fatigued. So if you don’t do the important things first, they simply will not get done. That means if you have to contact your ex-spouse for any reason – to discuss an issue with your children, or to ask if they can switch a day of child care next week, get it done first.

When it comes to personal things, the same is true. There will always be a million reasons to put something off til tomorrow. And tomorrow means never.

Consider this mantra: The worst comes first. Do what you’ve been needing to do first. And then do it again the next day.

Every day you need to take a step towards your goals. With every new step, you’ll realize that your goals aren’t that far away.

Moving Forward

A divorce can shatter your life if you let it. So don’t let it.

Every day you can move forward with these steps. Put a plan in place to succeed. Every step on that plan brings you closer to your dreams. Maybe that means finally having a day where you don’t feel guilty or sad about your divorce. Maybe it’s a day of less resentment. Maybe it’s a day where you focus on getting healthy by preparing a good meal for yourself.

Making small steps every day like the ones outlined above will change your life.

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

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Divorce Family Law High Net-Worth Divorce Spousal Support

Cuoco and Sweeting: A Lesson in Spousal Support

It looks like Kaley Cuoco, star of The Big Bang Theory, might have to pay spousal support to ex, Ryan Sweeting.

Cuoco and Sweeting: A Lesson in Spousal Support

Cuoco, 29, earns an estimated $1 million an episode, and now it looks like her Tennis pro ex, Sweeting, 28, has filed for a piece of those earnings. The two filed for divorce just three weeks ago following a 21-month marriage.  Read on to learn more about what spousal support is and how long the payments can last.

Understanding Spousal Support

Alimony, often called “spousal support” is when one spouse pays the other in order to help that spouse maintain the same financial standing as was experienced during the marriage. A court will require the higher earning spouse to assist the lower in maintaining that standard of lifestyle that was achieved during the marriage.

In California a judge can award temporary (“pendente lite”) support either during the divorce proceedings, or when the divorce is declared final. Typically these payments are made from one spouse to the other in a specified amount for a predetermined period of time. But support can also be paid in a single lump-sum payment. In collaborative process divorce agreements, spouses often come to agreement on the terms and conditions of support payments. As long as this agreement meets legal requirements, a court will uphold an agreement. This is the case even if the agreement provides for a complete waiver of support to the lower-earning spouse.

Duration of Spousal Support

In California, the duration of spousal support agreements are often tied to the length of the marriage. A general rule of thumb is that for a marriage of less than 10 years, a court will not order support payments be made for longer than half the length of the marriage. But if a marriage has lasted 10 years or longer, a court typically will not set a definite termination date for support. Both spouses are able to request modifications to the spousal support agreement indefinitely, unless a termination date has specifically been agreed, or if the court expressly terminates the support at a later hearing.

Permanent Support

Sometimes support is labeled “permanent” support, but the actual awarding of permanent support lasting for the remainder of a lifetime is increasingly rare, even for marriages that last over 10 years. Family law courts in California tend to require a spouse seeking support to make an effort to become self-supporting. A spouse that makes claims that they are unable to work, or unable to become fully employed, is required to support the claim with evidence. Often times this means having a  vocational evaluation. And for long term support orders, the support often gradually reduces over time by a nominal amount. Permanent support is usually only awarded to spouses that are unable to become self-supporting due to age or disability.

When You Might Consider a Lawyer for Personal Injury Claims

Calculation of Spousal Support

California law rules that the purpose of awarding temporary spousal support is for preserving the financial status quo, or “standard of living during the marriage” to the greatest extent possible. After a court evaluates and considers the needs of the spouse requesting the support, as well as the ability of the other spouses ability to pay, it can order the temporary spousal support in any amount. Typically, a court will use a common formula for calculating temporary support. One example of this formula is the Santa Clara County formula. This formula comes up with a figure through subtracting 50% of the lower-earner’s net income from 40% of the higher earner’s, and then makes adjustments for tax consequences and child support payments. The California Department of Child Support provides a support calculator for parents of dependent children looking to get a rough estimate of what temporary spousal support payments might look like along with child support payments. A family law attorney will also be able to provide you with a rough idea of what your payments will look like.

Standard of Living

Spousal support’s main purpose is to assist a supported spouse in maintaining a standard of living that was close to that which was attained during the marriage. Often times it is award because it’s assumed that the recipient spouse took on the “house” aspect of the family, while the paying spouse went to work. But the goal is for the recipient spouse to eventually become self-supporting. A court will take the following into account:

  • marketable skills of the supported spouse,
  • job market for those skills,
  • any time or expense the supported spouse will need to acquire education or training for employment or enhanced employability, and
  • the extent to which periods of unemployment (due to domestic duties) during the marriage have impaired the supported spouse’s present or future earning capacity.

The court will also consider any other factors, including:

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  • extent to which the supported spouse contributed to the other spouse’s attainment of education, training, professional licensing or career advancement (this can also mean the extent to which the supported spouse provided and maintained home life while the other spouse was advancing his or her career)
  • ability of the supporting spouse to pay support. A court will take into account earning capacity, earned and unearned income, assets, and standard of living,
  • needs of each party based on what the marital standard of living was,
  • each spouse’s obligations and assets, including separate property,
  • duration of the marriage,
  • ability of a spouse who is also a custodial parent to engage in employment without interfering with the interests of dependent children,
  • each spouse’s age and health,
  • documented history of domestic violence by either spouse*,
  • immediate and specific tax consequences to each spouse (often times tax agreements are figured out during the awarding of spousal support and child support agreements),
  • balance of the hardships to each spouse, and
  • the goal that the supported spouse will be self-supporting within a reasonable period of time. This follows a general rule of thumb presumed to be one-half the length of a marriage (unless the marriage was longer than 10 years).

*California courts do not ordinarily consider conduct when making spousal support determinations. But often times, a court will not award support to a spouse that has a proven history of violence toward the other spouse.

Modification or Termination of Spousal Support

Either spouse can request modification or termination of periodic payments due to a material change in circumstances, unless it has been specified in the spousal support agreement. Absent a written agreement stating otherwise, spousal support terminates on the death of either spouse, or on the remarriage of the recipient.

Cohabitation

Cohabitation is an arrangement where two people who are not married live together in an emotionally and/or sexually intimate relationship on a long-term or permanent basis. Typically, this term refers to unmarried couples who live together without formally registering their relation as a marriage. This type of arrangement can affect a spousal support agreement, as it is often deemed that a person living with a new partner has a reduced need for support.

Depending on your state:

• Your spousal support can be reduced or terminated upon cohabitation only if the cohabitation significantly decreases a recipient’s need for support.

• Your spousal support will be terminated regardless of whether the recipient’s economic need is diminished by cohabiting.

• Your spousal support will not be affected should the recipient of the support begin living with someone else.

You’ll want to work with a family law attorney in your state to ensure you understand the rules about cohabitation and spousal support payments.

Tax Effects

Periodic spousal support payments are typically taxable for the recipient and tax-deductible by the payer. During a divorce agreement couples often create their own settlement agreements to take advantage of this situation. Payments are structured to create the best possible tax scenario for both spouses. If there are children involved in the divorce, child support payments and their tax exemptions are also considered to ensure that both spouses receive the best tax benefits possible. There are usually no tax consequences for single lump-sum support payments.

Spousal Support Help

Working with a family law attorney can help you understand the process of awarding and receiving spousal support. Many of the laws are specific to the state you will be divorcing in, so it’s important you work with a lawyer that is knowledgeable about your state’s laws.

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

Categories
Divorce Family Law High Net-Worth Divorce

Lessons from Celeb “Breakovers”

Hollywood is all about the celebrity “breakovers.” That’s when a celeb gets super hot after a terrible divorce or split. While we love to dramatize a tough divorce, there are lessons we can learn from celebs like Reese Witherspoon, Khloe Kardashian, and Miranda Lambert.

After getting divorced it can take some time for your life to resettle. What was a crazy tumultuous time will, without a doubt, remain that way for a while. This can be especially true if you have kids and are now part of a co-parenting couple. But as Hollywood has shown us, there are ways that you can move forward after your divorce.

Lessons from Celeb “Breakovers” and Moving Forward After Divorce

Moving forward after divorce means that every day you will need to purposefully carve out time progress and improve . It’s so easy for life to get sucked into the vacuum of a busy schedule. As Professor Harold Hill once said: “You pile up enough tomorrows, and you’ll find you are left with nothing but a lot of empty yesterdays.”

That’s exactly what Reese Witherspoon did following her divorce from Ryan Phillipe.

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In 2005 Witherspoon won the Academy Award for Best Actress for 2005’s Walk the Line. Following that win, her personal life quickly took a dive as she split from her husband of eight years. While it took her a while to return to her Hollywood royalty status, she is now found her footing, acting in 2015’s Wild and producing the hit Gone Girl, proving that a bounce back can be hard, but it can be done.

Get Out of Survival Mode

Following your divorce you might find your life is filled with the nonessential and trivial. Do you check your ex-spouse’s Facebook every day to see if he or she is dating someone new? Do you obsess and get frustrated with every communication that comes from your ex? Are you resentful? How are you channeling all these new feelings? Are you just trying to survive?

It’s time to take your life back into your own hands.

It’s not uncommon to realize that you were living your life on someone else’s terms. But everything is in your hands now. With a lot of work and strong intention you can design your future. You have to realize you are responsible and you must decide to make a change. Here are some first steps to making that giant leap into your new life:

  • Wake up
  • Get yourself in the zone
  • Get yourself moving
  • Eat well
  • Get ready and inspired
  • Get perspective
  • Do something that will move you forward

Get Enough Sleep

Despite the fact that sleep is just as important for life as eating and drinking water, millions of people do not get enough sleep.

According to the National Sleep Foundation (NSF) 40 million Americans suffer from over 70 different sleep disorders. Additionally, 60 percent of adults and 69 percent of children have one or more sleep problems at least a few nights during a week.

It makes sense then that more than 40 percent of adults experience daytime sleepiness that is severe enough to interfere with daily activities at least a few days every month .

Getting the right amount of sleep can help you have a longer life, increased creativity, memory, attention, and focus. It can help to lower stress and your risk for depression.

Bottom line: you need your beauty sleep.

Find Clarity and Abundance

You need to focus on moving forward toward the positive things in your life. What you set your focus on expands. After waking up from a restful night’s sleep, prayer and meditation can help you orient yourself toward the positive.

Focus on what you are grateful for. This could be the fact that you are out of a relationship and marriage that did not serve you. Maybe you’re just grateful for the fact the sun is shining. There are limitless opportunities and possibilities for you. That air of gratefulness will only draw more positive and good to you.

Start every morning by getting yourself into a space of gratitude and clarity.

Get Some Physical Activity

Khloe Khardashian could be called the queen of the celebrity revenge body. Following her long-lasting divorce from Lamar Odom (it took over a year) Kardasian focused on getting her body healthy and strong.

She spoke to Women’s Health magazine about how she decided to make a change. “It started around 2012,” she told the magazine. “I was having a hard time with [husband at-the-time NBA star] Lamar [Odom]. It was toward the end of our union, and there was so much drama. I needed a release. At first it was so hard. It was baby steps, but I started feeling so much better.”

She started working with celebrity personal trainer Gunnar Peterson to regain her confidence and strength. And her results? She’s now being touted as one of the “hard bodies” of celeb-dom.

By now you know you need to get your exercise. Still, according to the Center for Disease Control’s National Health Interview Survey, only one-third of American men and women between the ages of 25 to 64 engage in regular physical activity.

Regular exercise is can decrease your chance of depression, anxiety, and stress. It’s also been linked to higher success in people’s careers. Any form of exercise works: the gym, yard work, cleaning. Just get your body moving and every aspect of your life will thrive.

Eat/Drink 30 Grams of Protein

Eating protein first thing decreases cravings for white carbohydrates (the type of carbs that can make you fat. Donald Layman, professor emeritus of nutrition at the University of Illinois, recommends eating or drinking at least 30 grams of protein for breakfast. In The 4-Hour Body by Tim Ferriss, he recommends getting 30 grams of protein 30 minutes after waking up.

Food rich in protein will help you feel fuller for longer because they take longer for the body to digest. Protein also keeps blood-sugar levels steady, and thus prevents hunger spikes.

According to Ferriss, eat at least 40% of your breakfast calories as protein: two to three whole eggs, turkey bacon, organic pork bacon or sausage, or cottage cheese. You can also do a protein shake made with water. If you follow a vegetarian or vegan diet you can eat legumes, greens, nuts, and seeds.

Take A Cold Shower

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Every morning motivational speaker and life coach Tony Robbins jumps into a 57-degree Fahrenheit swimming pool.

Cold water immersion has been shown to radically facilitate physical and mental wellness with regular practice. It not only changes your body’s immune, lymphatic, circulatory and digestive systems, but it can also increase weight-loss because it boosts your metabolism.

A study done in 2007 found that cold water triggers mood-boosting neurochemicals that make people feel happier. The study concluded that  because of this, taking cold showers routinely can help treat depression symptoms. Often, cold showers are more effective than prescription medications.

Sure, none of us wants to step into a cold shower, but try to think of it like getting into a swimming pool. The first 20 seconds feels terrible, but once you’ve done it, it’s fine.

Those who do this report feeling an increase in willpower, creativity, motivation, and inspiration.

Do You Have a Life Vision? 

If you haven’t written down your short and long term goals, you should. Just reviewing them a few minutes a day can put your day into perspective. Chances are some things have changed after your divorce. Take some time to re-focus your energy on what you really want to accomplish.

Reading your long term goals every day will make sure you think about them every day. As you spend your days working towards your goals, they’ll manifest.

There’s a science to achieving goals, which removes the confusion and ambiguity of them. If you stick to a pattern, you can accomplish your goals, regardless of if they are large or small.

Write them down and review them every single day.

Moving Forward

A divorce can shatter your life if you let it. So don’t let it.

Every day you can move forward with these steps. Put a plan in place to succeed. Every step on that plan brings you closer to your dreams. Maybe that means finally having a day where you don’t feel guilty or sad about your divorce. Maybe it’s a day of less resentment. Maybe it’s a day where you focus on getting healthy by preparing a good meal for yourself.

Making small steps every day like the ones outlined above will change your life. And as a result, the universe will respond to you in beautiful ways.

Working with a Family Law Attorney

Whatever your reason is for divorce, you should 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

Categories
Divorce Family Law High Net-Worth Divorce Spousal Support

Ken and Anne Griffin Settle Divorce Battle

After 14 months of court battles, hedge-find billionaire Ken Griffin and ex Anne Dias Griffin have finally decided on a divorce agreement.

Ken and Anne Griffin Settle Divorce Battle

The hedge-fund billionaire, who is reported to be the 69th richest man in the world according to Forbes magazine, and his wife were able to come to an agreement just days before they were to begin a trial over their prenuptial agreement.

According to Jay Frank of Aronberg Goldgehn in Chicago, reaching a  settlement is far preferable to going to court because it’s a “resolution the two of you have come to — there isn’t a third party that doesn’t know you, deciding who gets what.”

Prenuptial Agreement

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For the majority of the battle, Anne maintained she was coerced into signing the prenup just a day before their marriage in 2003.

The best way to avoid finding out that your prenuptial agreement is invalid during a divorce is to ensure that no mistakes are made when the agreement is drafted. Here are some things to avoid.

Prenuptial Agreement Mistakes

A prenuptial agreement can be ruled as “invalid” if there are mistakes. Here are some mistakes that you’ll want to avoid. It’s also recommended that you work with a family law attorney to avoid these mistakes:

  • Same Legal Representation – Each spouse should have his or her own attorney. An attorney will explain everything contained in the prenuptial agreement independently of the other spouse. Working with separate attorneys ensures the final agreement is signed voluntarily, and neither spouse feels pressured to sign.
  • Signed Under Duress – “Under duress” means a under pressure or under the influence of drugs or alcohol. A prenuptial agreement can be found invalid if one party signed under duress and did not have the mental capacity to understand what they were signing.
  • Signed Too Close to the Wedding – A prenuptial should be signed one to three months prior to the wedding. If not, it’s easy for a party to argue later on that they were  coerced into signing. Each spouse should have time to deliberate on the agreement before signing.
  • No Full Disclosure – Disclose all assets and debts.
  • Child Support Provisions – Child support and custody should not be a part of a prenuptial agreement.
  • Biased – The prenuptial agreement should not show any bias to one party.
  • Unenforceable Provisions – Unusual provisions such as one spouse is responsible for dishes can deem an agreement unenforceable.
  • Oral Agreement – A prenuptial agreement must be in written form to be valid. Each spouse and each spouse’s attorney should have a copy.
  • Ambiguous Writing –  Ambiguous wording can be challenged in court. Make sure the writing is all clear and concise.

Additional Planned Trials for the Griffins

The trial over the prenuptial agreement was set to be followed by a separate trial over child support, and yet another separate trial to decide custody and visitation.

Joint Custody Decision

It was decided in the agreement that the couple will have joint custody of their three young children. Prior to the agreement, Anne was seeking sole custody with reasonable visitation for her husband, while Ken was pushing for joint custody.

Additionally, Anne wanted to relocate the children to New York, but it seems that she withdrew that position.

Other than custody, the rest of the terms of the settlement weren’t disclosed.

What is “Joint Child Custody”?

“Joint Child Custody” means that parents who do not live together still share decision-making responsibilities for, and/or physical control and custody of, the children they have together. This form of custody is able to be awarded to parents that are divorced, separated, no longer living together, and even if they have never lived together. Joint child custody is also the form of custody that is favored by the courts.

Joint Child Custody Arrangements

Joint Child Custody can take various forms, such as:

joint legal custody – where the parents share the decision-making responsibilities.

joint physical custody – where children spend time with each parent separately.

joint legal and physical custody – a combination of the above.

Joint Child Custody – Advantages and Disadvantages

There are advantages and disadvantages to joint child custody. While it ensures children continue contact with both parents, children still need to be shuttled from one parent to the other. This can be a difficult situation for non-cooperative parents, and thus can be a hard situation for children stuck in the middle. Regardless of if parents are cooperative or non-cooperative, it’s crucial that all financial records of groceries, finances associated with a child’s after school activities, medical care, and clothing are kept. In cases where parents argue about these things, a judge will appreciate finely detailed records. If parents can maintain a positive parenting schedule and approach, and keep the child’s best interests in mind, joint custody can be a positive and comforting experience for a child.

High Profile Divorce Case

New York divorce attorney James P. Joseph believes the inevitable media attention that comes with such a high-dollar, high-profile case like the Griffin’s is “horrible” for wealthy former couples. He added that the media’s interest can add “an incredible amount of pressure” at an emotionally difficult time for both the spouses and also their children.

 

While it seems that the Griffin’s dirty laundry has been aired to all, it’s really up to how they manage the conflict within the family. And while it may seem the opposite, low-impact and low-conflict divorces can often have more damaging effects on children than high-conflict and high-impact divorces.

Low Conflict Divorce and Children

Divorce is not easy, and it often brings out the worst in us, but in some marriages, the signs of divorce can be hard to spot for children. If you and your spouse have always had a low-conflict marriage, where there is little yelling, it can be hard for a child to understand where a divorce is coming from.

Dr. Paul Amato, a sociologist at Penn State University, and Alan Booth, also from Penn State, did a study a number of years ago on 2,000 divorcing parents and 700 children of divorcing parents. What they found is that, “From the child’s perspective, there is no evidence that anything is drastically wrong,” says Dr. Booth. “It is an unexpected, uncontrollable and unwelcome event where one parent leaves the home and the other is overwhelmed with the demands of single parenthood and a lowered standard of living.”

Dr. Booth suggests that marriages in which there are high amounts of conflict can actually be more beneficial to children because it can feel as if there is finally an end to a hostile situation. While we are never ones to argue for high conflict, it can make more “sense” to a child.

Whatever the reason or type of divorce you are going through, whether high or low impact, it is never a good enough excuse to pull your kids along through the hurtful ride of roller-coaster emotions. This means learning how to co-parent with your  ex-spouse.

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Building a Successful Co-Parenting Situation

“The biggest obstacles to successful co-parenting are emotions,” says Alisa Peskin-Shepherd, principal of Transitions Legal, a family law practice that specializes in mediative divorce. “Emotional obstacles are usually anger, resentment and jealousy. Often parents have a hard time separating those feelings toward their former spouse from their attempt to focus on their children.”

The idea of focusing on your children might seem obvious, but that can be really difficult when you receive that text from your ex that makes you want to throw your phone directly into their face.

 

Working with a skilled attorney can help ensure you get a fair case.  For advice on child custody, 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

 

 

 

Categories
Divorce Family Law Marital Property Division Spousal Support

Kaley Cuoco Divorce

After 21 months of marriage, Kaley Cuoco has filed for divorce from husband Ryan Sweeting.

Kaley Cuoco Divorce

Kaley Cuoco, 29, and Ryan Sweeting, 28, have decided to end their marriage, listing their date of separation as Sept. 3, and announcing the split via Cuoco’s rep on Friday Sept. 25, with this:”Kaley Cuoco and Ryan Sweeting have mutually decided to end their marriage. They ask for privacy at this time. No further statement will be issued regarding this matter.”

The two have cited “irreconcilable differences” as the reason for the split. Additionally, the TV star and tennis player signed a prenuptial agreement one month prior to saying their wedding on Dec. 31, 2013. In that document, the couple agreed to both spousal support and property assets.

Spousal Support

Alimony, also known as “spousal support,” is when one spouse pays the other in order to help that spouse maintain the same financial standing as was experienced during the marriage. A court will require the higher earning spouse, in this case Cuoco, who is said to be the highest paid actress on TV, to assist the lower in maintaining that standard of lifestyle that was achieved during the marriage.

Awarding Spousal Support

In California a judge can award temporary (“pendente lite”) support either during the divorce proceedings, or when the divorce is declared final. Typically these payments are made from one spouse to the other in a specified amount for a predetermined period of time. But support can also be paid in a single lump-sum payment. In collaborative process divorce agreements, spouses often come to agreement on the terms and conditions of support payments. As long as this agreement meets legal requirements, a court will uphold an agreement. This is the case even if the agreement provides for a complete waiver of support to the lower-earning spouse.

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Calculation of Spousal Support

California law rules that the purpose of awarding temporary spousal support is for preserving the financial status quo, or “standard of living during the marriage” to the greatest extent possible. After a court evaluates and considers the needs of the spouse requesting the support, as well as the ability of the other spouses ability to pay, it can order the temporary spousal support in any amount. Typically, a court will use a common formula for calculating temporary support. One example of this formula is the Santa Clara County formula. This formula comes up with a figure through subtracting 50% of the lower-earner’s net income from 40% of the higher earner’s, and then makes adjustments for tax consequences and child support payments. The California Department of Child Support provides a support calculator for parents of dependent children looking to get a rough estimate of what temporary spousal support payments might look like along with child support payments. A family law attorney will also be able to provide you with a rough idea of what your payments will look like.

Standard of Living

Spousal support’s main purpose is to assist a supported spouse in maintaining a standard of living that was close to that which was attained during the marriage. But the goal is for the spouse receiving the payments to eventually become self-supporting to the greatest extent possible. A court will take the following into account:

  • marketable skills of the supported spouse,
  • job market for those skills,
  • any time or expense the supported spouse will need to acquire education or training for employment or enhanced employability, and
  • the extent to which periods of unemployment (due to domestic duties) during the marriage have impaired the supported spouse’s present or future earning capacity.

The court will also consider any other factors, including:

  • extent to which the supported spouse contributed to the other spouse’s attainment of education, training, professional licensing or career advancement (this can also mean the extent to which the supported spouse provided and maintained home life while the other spouse was advancing his or her career)
  • ability of the supporting spouse to pay support. A court will take into account earning capacity, earned and unearned income, assets, and standard of living,
  • needs of each party based on what the marital standard of living was,
  • each spouse’s obligations and assets, including separate property,
  • duration of the marriage,
  • ability of a spouse who is also a custodial parent to engage in employment without interfering with the interests of dependent children,
  • each spouse’s age and health,
  • documented history of domestic violence by either spouse*,
  • immediate and specific tax consequences to each spouse (often times tax agreements are figured out during the awarding of spousal support and child support agreements),
  • balance of the hardships to each spouse, and
  • the goal that the supported spouse will be self-supporting within a reasonable period of time. This follows a general rule of thumb presumed to be one-half the length of a marriage (unless the marriage was longer than 10 years).

*California courts do not ordinarily consider conduct when making spousal support determinations. But often times, a court will not award support to a spouse that has a proven history of violence toward the other spouse.

Duration of Spousal Support

In California, the duration of spousal support agreements are often tied to the length of the marriage. A general rule of thumb is that for a marriage of less than 10 years, a court will not order support payments be made for longer than half the length of the marriage. But if a marriage has lasted 10 years or longer, a court typically will not set a definite termination date for support. Both spouses are able to request modifications to the spousal support agreement indefinitely, unless a termination date has specifically been agreed, or if the court expressly terminates the support at a later hearing.

Awarding Permanent Support

Sometimes support is labeled “permanent” support, but the actual awarding of permanent support lasting for the remainder of a lifetime is increasingly rare, even for marriages that last over 10 years. Family law courts in California tend to require a spouse seeking support to make an effort to become self-supporting. A spouse that makes claims that they are unable to work, or unable to become fully employed, is required to support the claim with evidence. Often times this means having a  vocational evaluation. And for long term support orders, the support often gradually reduces over time by a nominal amount. Permanent support is usually only awarded to spouses that are unable to become self-supporting due to age or disability.

Spousal Support Help

Working with a family law attorney can help you understand the process of awarding and receiving spousal support. Many of the laws are specific to the state you will be divorcing in, so it’s important you work with a lawyer that is knowledgeable about your state’s laws.

Property Division

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State laws govern how the marital property will be divided. You will need to 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:

  1. Identify the assets owned by you and your spouse
  2. Categorize all assets as marital or non-marital property
  3. A value will need to be assigned to the assets
  4. 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.

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

Categories
Child Custody Child Support Divorce Family Law Spousal Support

Green Will Receive Spousal Support From Fox

Last week, Megan Fox officially filed for divorce from husband Brian Austin Green. The two had just announced they were separating days earlier.

Though it’s unclear why the couple is splitting, according to sources, the two have been separated for the last six months. The couple met 11 years ago on the set of ABC’s Hope & Faith. While the two made quick plans to get married, that was put on hold because the two felt that Fox, who was 18 when they met, was too young to really consider marriage. Green proposed again in 2010, and 24 days later the two were married in Hawaii.

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While the two did not sign a prenuptial agreement, it seems that Fox will be paying spousal support to Green, who has been unable to work because of a car accident the two were involved in last December.

What is Alimony / Spousal Support?

Alimony, often called “spousal support” is when one spouse pays the other in order to help that spouse maintain the same financial standing as was experienced during the marriage. A court will require the higher earning spouse to assist the lower in maintaining that standard of lifestyle that was achieved during the marriage.

Awarding Spousal Support

In California a judge can award temporary (“pendente lite”) support either during the divorce proceedings, or when the divorce is declared final. Typically these payments are made from one spouse to the other in a specified amount for a predetermined period of time. But support can also be paid in a single lump-sum payment. In collaborative process divorce agreements, spouses often come to agreement on the terms and conditions of support payments. As long as this agreement meets legal requirements, a court will uphold an agreement. This is the case even if the agreement provides for a complete waiver of support to the lower-earning spouse.

Duration of Spousal Support

In California, the duration of spousal support agreements are often tied to the length of the marriage. A general rule of thumb is that for a marriage of less than 10 years, a court will not order support payments be made for longer than half the length of the marriage. But if a marriage has lasted 10 years or longer, a court typically will not set a definite termination date for support. Both spouses are able to request modifications to the spousal support agreement indefinitely, unless a termination date has specifically been agreed, or if the court expressly terminates the support at a later hearing.

Awarding Permanent Support

Sometimes support is labeled “permanent” support, but the actual awarding of permanent support lasting for the remainder of a lifetime is increasingly rare, even for marriages that last over 10 years. Family law courts in California tend to require a spouse seeking support to make an effort to become self-supporting. A spouse that makes claims that they are unable to work, or unable to become fully employed, is required to support the claim with evidence. Often times this means having a  vocational evaluation. And for long term support orders, the support often gradually reduces over time by a nominal amount. Permanent support is usually only awarded to spouses that are unable to become self-supporting due to age or disability.

Permanent Spousal Support for Green?

Because permanent spousal support is often awarded to spouses that are disabled, Green could receive permanent spousal support, as it seems he has been unable to work due to an accident the couple was involved in last December.

Calculation of Spousal Support

California law rules that the purpose of awarding temporary spousal support is for preserving the financial status quo, or “standard of living during the marriage” to the greatest extent possible. After a court evaluates and considers the needs of the spouse requesting the support, as well as the ability of the other spouses ability to pay, it can order the temporary spousal support in any amount. Typically, a court will use a common formula for calculating temporary support. One example of this formula is the Santa Clara County formula. This formula comes up with a figure through subtracting 50% of the lower-earner’s net income from 40% of the higher earner’s, and then makes adjustments for tax consequences and child support payments. The California Department of Child Support provides a support calculator for parents of dependent children looking to get a rough estimate of what temporary spousal support payments might look like along with child support payments. A family law attorney will also be able to provide you with a rough idea of what your payments will look like.

Standard of Living

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Spousal support’s main purpose is to assist a supported spouse in maintaining a standard of living that was close to that which was attained during the marriage. But the goal is for the spouse receiving the payments to eventually become self-supporting to the greatest extent possible. A court will take the following into account:

  • marketable skills of the supported spouse,
  • job market for those skills,
  • any time or expense the supported spouse will need to acquire education or training for employment or enhanced employability, and
  • the extent to which periods of unemployment (due to domestic duties) during the marriage have impaired the supported spouse’s present or future earning capacity.

The court will also consider any other factors, including:

  • extent to which the supported spouse contributed to the other spouse’s attainment of education, training, professional licensing or career advancement (this can also mean the extent to which the supported spouse provided and maintained home life while the other spouse was advancing his or her career)
  • ability of the supporting spouse to pay support. A court will take into account earning capacity, earned and unearned income, assets, and standard of living,
  • needs of each party based on what the marital standard of living was,
  • each spouse’s obligations and assets, including separate property,
  • duration of the marriage,
  • ability of a spouse who is also a custodial parent to engage in employment without interfering with the interests of dependent children,
  • each spouse’s age and health,
  • documented history of domestic violence by either spouse*,
  • immediate and specific tax consequences to each spouse (often times tax agreements are figured out during the awarding of spousal support and child support agreements),
  • balance of the hardships to each spouse, and
  • the goal that the supported spouse will be self-supporting within a reasonable period of time. This follows a general rule of thumb presumed to be one-half the length of a marriage (unless the marriage was longer than 10 years).

*California courts do not ordinarily consider conduct when making spousal support determinations. But often times, a court will not award support to a spouse that has a proven history of violence toward the other spouse.

Modification and Termination of Spousal Support

Either spouse can request modification or termination of periodic payments due to a material change in circumstances, unless it has been specified in the spousal support agreement. Absent a written agreement stating otherwise, spousal support terminates on the death of either spouse, or on the remarriage of the recipient.

Joint Custody

In addition to paying spousal support, another thing that Fox and Green will need to determine is the custody of the two children they share, Noah, 2, and Bodhi, 18 months. Green has a child from a previous relationship.  It appears that Fox has filed for joint physical and legal custody, which means that both her and Green will share full custody.

“Joint Child Custody” means that parents who do not live together still share decision-making responsibilities for, and/or physical control and custody of, the children they have together. This form of custody is able to be awarded to parents that are divorced, separated, no longer living together, and even if they have never lived together. Joint child custody is also the form of custody that is favored by the courts.

Joint Child Custody Arrangements

Joint Child Custody can take various forms, such as:

joint legal custody – where the parents share the decision-making responsibilities.

joint physical custody – where children spend time with each parent separately.

joint legal and physical custody – a combination of the above.

Joint Child Custody – Advantages and Disadvantages

There are advantages and disadvantages to joint child custody. While it ensures children continue contact with both parents, children still need to be shuttled from one parent to the other. This can be a difficult situation for non-cooperative parents, and thus can be a hard situation for children stuck in the middle. Regardless of if parents are cooperative or non-cooperative, it’s crucial that all financial records of groceries, finances associated with a child’s after school activities, medical care, and clothing are kept. In cases where parents argue about these things, a judge will appreciate finely detailed records. If parents can maintain a positive parenting schedule and approach, and keep the child’s best interests in mind, joint custody can be a positive and comforting experience for a child.

A 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

Categories
Child Custody Child Support Child Visitation Divorce Family Law Modification to Family Court Orders Move Aways (Child Relocation)

Rutherford-Giersch Custody Battle Continues

Last week a Manhattan Supreme Court judge ordered actress Kelly Rutherford to return her two children to their father, Daniel Giersch, who lives in Monaco. In doing so, the custody battle between the two rages on.

Custody Battle

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The judge’s decision came after the 46-year-old actress failed to send son Hermes, 8, and daughter Helena, 6, back to Giersch after spending the summer in New York with her.

“From the beginning I have said I will fight for my children,” she said in an interview.

It seems Giersch’s attorney are happy with the decision. “We are pleased that the American judicial system has prevailed,” said Giersch’s attorney Fahi Takesh Hallin. “Daniel’s request to exclude the press today from the courtroom was granted, to protect the children’s privacy. In addition, his stance of promoting Kelly’s time with the children has not changed.”

The custody battled has raged since 2012, when a California judge ruled that the children should live in France with their father after his U.S. visa was revoked. Since that ruling, Rutherford has fought to bring her children back to the U.S., but neither California nor New York have jurisdiction in the case.

“It puts me as a parent in an odd place if no one is taking jurisdiction,” she has said. “How do you put your kids on a plane not knowing what is going to happen?”

Giersch’s mother was in court to greet the children and return them to Monaco following the judge’s ruling.

Rutherford was supposed to have sent the children back earlier in the week, but released a statement announcing her decision to keep the children, writing, “I have decided that I cannot lawfully send my children away from the United States to live in a foreign country.”

Giersch’s legal team immediately fired back following the release of Rutherford’s statement, issuing a letter demanding that Rutherford send the children back to Monaco immediately. The letter was followed with a filing in New York County Supreme Court.

Child Custody and Co-Parenting

Given that the Rutherford-Giersch custody battle has been going on for years, it seems unlikely that the two will ever be able to learn how to co-parent successfully. It can be a difficult situation to work out, especially if parents live on different sides of the world. Still, people find a way to make it work.

Co-Parenting Advice

Here’s some advice from co-parenters that have been there before:

  •  “Remember this: Genetically, your kids are 50% your ex. Every negative thing you say about him or her, you’re saying about the kids, too.”
  • “Get a therapist for the kids during the divorce, not after. We did so and my kids really benefitted from having someone removed from the situation to talk to about their feelings. She encouraged them to open up and helped us sidestep a lot of serious issues.”
  • “Understand that some situations don’t lend themselves to co-parenting. Consider alternatives like parallel parenting. Just because you’re divorced doesn’t mean that your spouse has changed.”
  • “Be empathetic about the grief they are experiencing. Encourage them to talk and don’t judge their feelings.”
  • “Try your hardest to co-parent. Be there for your ex so you two can support your kids as a team. It’s no longer about the adults so put any animosity aside and do what is in the best interest of your children.”
  • “If you’re allowing the kids to choose who they live with, don’t make them feel guilty about their choice.”

The most important thing you can do is remember to put your child’s needs first. If you keep the focus on them you’ll be able to avoid getting into emotional ruts with your co-parent. Focusing on your child’s needs will ensure that they always get what’s best for them.

Here are some more ideas for making your co-parenting situation work:

Time for a  ‘Timeout’

If you are not able to give yourself a timeout, and find that you are still stewing about conversing with your ex, consult a “co-parenting coordinator,” attorney or counselor – with or without your ex-spouse. This objective third party can be a great sounding board for ironing out your co-parenting relationship.

According to Alison Willet, a Birmingham resident and psychologist who has worked with high-conflict divorce, it is crucial for ex-spouses to heal fully from the pain that stems from their divorce if they plan to find a way to co-parent effectively.

The mother of three daughters and two step-daughters goes on to say, “People going through divorce need to take the necessary time to grieve the end of this major relationship and remember that at one time, they loved or cared about the other parent. When parents are psychologically intact, it will be easier for them to put the needs of their children first.”

Play to Your Ex’s Strengths

By now you know what your ex is good and and what they’re not so good at. So play fair when it comes to your kids and your ex’s abilities.

“You probably know your ex-spouse better than anyone else,” says Chris Tucker, father of Finn, 9, and Simon, 7, and step-dad to Lucas, 6. “Play to those strengths – not in a manipulative way, but in a spirit of making the best use of one another’s talents.”

Tucker’s situation is: he has his boys two-thirds of the year; their mother visits monthly from Virginia. She also takes them over school breaks and summer. Tucker, his wife, his ex-wife, and her husband all work as a unit to parent the children.

“We like to think of ourselves – Colleen, her husband, my wife and I – as members of a family ecosystem,” says Tucker. “This means that everyone involved is invested in and accountable for raising our kids, and it goes a long way in building trust and mutual respect.”

Cooperation is Key

This can be the hardest part of a co-parenting relationship – cooperating.

According to mother Shaindle Braunstein-Cohen, “Effective co-parenting does not require friendship, but it does require cooperation.”

“My ex and I get along when we have contact, but we never have contact outside of our son,” she says. “When my son wanted to show his dad his new room in our new home, he did. Successful co-parenting involves only one thing: loving your child more than you hate your ex.”

When her ex moved out-of-state, Braunstein-Cohen gained full custody of her 14-year-old Seth.  When he wants to see his dad or vice versa, both her and Seth’s father to make it happen. “Sure, that meant I had many holidays without him, but it wasn’t about me,” she says.

You can’t keep living in the past either.

“The kids can become an obsession, a club to beat your ex over the head with,” says Braunstein-Cohen. “You can’t live in the past, and you also can’t live in the future. Just live in the now. The moment is here; it’s what you’ve got. Make the best of it.”

Children, Sports, and the Increasing Number of Brain Injuries

Experts Weigh In on Rutherford-Giersch

According to Dan Abrams, a chief legal analyst that works for ABC News, Rutherford’s decision to keep her children in the U.S. was a “risky move.” He believes the U.S. State department has “to get involved now.”

“I called for them to get involved a while ago when [the kids] were in Monaco, saying they should bring the kids back,” he said. “I think they are going to have to get involved, I think they are going to have to make an incredibly hard decision.”

Move Away Child Custody

Child custody cases involving move-aways can be very difficult. If two parents have shared joint custody prior to the move it can feel almost impossible to find a new workable arrangement. States offer different laws regarding relocation custody, but as with all child custody cases, the best interest of the child is always taken into consideration. California has permissive move-away laws and takes the following into consideration when determining a move-away relocation:

  • Will the child’s lifestyle remain stable?
  • How far is the move?
  • Is the reason behind the move necessary?
  • How old is the child?
  • Will the parents be able to maintain a co-parenting relationship?
  • What does the child want?
  • What are the child’s individual relationships with each parent like?

Additionally, a move away request is considered a modification of court orders. If you are looking to modify original orders you need to be mindful of the current custody and visitation rights you have.  Working with an attorney is the best way to handle child custody relocation. Often time these cases can be difficult, especially if you are the non-custodial parent fighting against relocation. An attorney will be able to look at your case and determine the best course of action.

Next Court Date for Rutherford

The Rutherford-Giersch case is an interesting one due to the fact that Giersch’s U.S. visa was revoked for unknown reasons. The next court date for the couple is Sept. 3 in Monaco. It’s expected that the two will work out custodial decision making in addition to other matters.

 

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 Collaborative Law Divorce Family Law High Net-Worth Divorce Marital Property Division Mediation Spousal Support

Stefani-Rossdale Divorce

Gwen Stefani is citing “irreconcilable differences” as her reason for divorcing husband Gavin Rossdale.

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“While the two of us have come to the mutual decision that we will no longer be partners in marriage, we remain partners in parenthood and are committed to jointly raising our three sons in a happy and healthy environment,” the couple said in a joint statement. “To that end, we respectfully request privacy from the media during this time.”

After touring together, Stefani, 45, and Rossdale, 49, were married in 2002. The No Doubt lead singer and Bush front-man have been rock royalty ever since the late 90’s.

According to the tabloids, the two have spent some time apart recently. Stefani recently posted pics to her Instagram showing her and her sons on a mini getaway in Montana. It was unclear if Rossdale joined the family for the vacation, as his Instagram suggested he was in London. But even just last year Rossdale took on tabloids that reported that the couple was headed for divorce, denouncing the rumors as a “load of bulls–t.”

“I’m pretty dry and I’ve got a decent sense of humor, so [reporters] say to me, ‘You’re doing this, you’ve got a new record…’How do you guys find time for each other?'” he said while appearing on The Howard Stern Show. “And I said, ‘We don’t, that’s why we’ve been together so long.’ I was f–king around, that’s funny to me. Where I’m from, that’s funny. And it was funny, for about a week, and then it’s like, ‘oh…interesting.’ So it’s just me and my big mouth.”

And just a few months ago in Cosmopolitan‘s March issue, Stefani said “I never really saw myself landing a guy that hot. I don’t know if I was a nerd in high school, but I definitely wasn’t the super-cute cheerleader so I never saw myself getting somebody like that.”

When speaking of her marriage and what made it work, she said  “We go through so much together—it’s a miracle that we could stay together this long.”

She went on to say, “[Gavin’s] on a short tour right now, and he wrote me the sweetest note this morning. It’s good to have those days when we both do our own things. I think that’s what keeps relationships going, when both people can be themselves and have their own individuality.

“That’s especially important for women,” she added. “It’s hard to find time for yourself.”

Stefani cited irreconcilable differences as the reason for the split in her divorce filing. Rossdale filed his response at the same time.

Irreconcilable Differences

Irreconcilable differences means you and your spouse are not able to agree on basic, fundamental issues involving the marriage or your family, and you never will agree. While there is no set rule, the following are reasons for why a couple might decide to file:

  • Conflict of personalities
  • Emotional needs are not being met
  • The marriage is suffering from financial difficulties
  • Long physical separation
  • Difference in interests
  • Resentment
  • Distrust
  • Constant bickering
  • Irreversible antagonistic feelings

If you are experiencing any of these feelings and are unable to work things out with your spouse, you may consider divorce. Working with a lawyer is the first step to determining how you should file for divorce. California is a no-fault state, which means that you cannot blame your spouse for the end of the marriage, even if it is ending because of infidelity. You will want to work with a lawyer to determine your state-specific laws, though most states have “no-fault” options, such as irreconcilable difference.

Joint Custody

The couple shares three sons: 9-year-old Kingston, 6-year-old Zuma and 1-year-old Apollo. According to court documents, both Stefani and Rossdale have sought joint custody.

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There are various situations that fall under the umbrella of “joint child custody.”

What is “Joint Child Custody”?

“Joint Child Custody” means that parents who do not live together still share decision-making responsibilities for, and/or physical control and custody of, the children they have together. This form of custody is able to be awarded to parents that are divorced, separated, no longer living together, and even if they have never lived together. Joint child custody is also the form of custody that is favored by the courts.

Joint Child Custody Arrangements

Joint Child Custody can take various forms, such as:

joint legal custody – where the parents share the decision-making responsibilities.

joint physical custody – where children spend time with each parent separately.

joint legal and physical custody – a combination of the above.

Joint Child Custody – Advantages and Disadvantages

There are advantages and disadvantages to joint child custody. While it ensures children continue contact with both parents, children still need to be shuttled from one parent to the other. This can be a difficult situation for non-cooperative parents, and thus can be a hard situation for children stuck in the middle. Regardless of if parents are cooperative or non-cooperative, it’s crucial that all financial records of groceries, finances associated with a child’s after school activities, medical care, and clothing are kept. In cases where parents argue about these things, a judge will appreciate finely detailed records. If parents can maintain a positive parenting schedule and approach, and keep the child’s best interests in mind, joint custody can be a positive and comforting experience for a child.

Spousal Support

According to court documents, Stefani checked the box to terminate Rossdale’s ability for spousal support.

If you are getting divorced, and are seeking spousal support, or are expected to pay spousal support payments, there are some important things you’ll want to understand. A family law attorney will be able to walk you through the specifics of your case, but here we’ll provide you with a general overview of aspects of spousal support including: the awarding of spousal support, tax laws, and what can happen if spousal support payments are not made.

Defining Spousal Support

Spousal support (also known as alimony) is financial assistance that is only available to those who were legally married. It recognizes a partner’s contribution to the marriage and its goal is to help the recipient achieve financial independence. Rules regarding alimony vary state by state.

Calculating Spousal Support

When a court presides over a spousal support hearing, it weighs a number of factors including: the length of the marriage, the needs of each spouse, the standard of living that was created and maintained during the marriage, any assets, the age of the spouses, numerous other factors, and state specific laws. Your divorce attorney will build your case for spousal support based on your own specific circumstances.

Length of Spousal Support

The duration of spousal support payments is set by the court after it weighs the arguments that have been made. Typically, the length of payments lasts for half the length of a less than 10 years long marriage. For example: a marriage of six years means the spousal support payments will need to be paid for three years.

In longer marriages, a court might not set an a duration for the alimony payments. In that case, it is up to your divorce attorney to prove your side of the case and the duration. You should work with your divorce attorney to establish your side, regardless of if you are paying or receiving payments, and also determine the amount of time you seek. The court will then listen to both arguments, and using common law, decide upon the duration.

Permanent or Lifetime Spousal Support

“Permanent” or “Lifetime” spousal support means support will be paid to the recipient until the death of the one paying, or sometimes until the recipient remarries. While remarriage has been a reason for the end of spousal support payments, that is not always the case, and sometimes a court will rule that a remarriage does not mean the end of the support payments.

As women became a stronger component of the workforce, permanent support began to be rewarded less and less. And now courts rarely award permanent support. One appellate court stated:

“As recognized by our Supreme Court, the public policy of this state has progressed from one which entitled some women to lifelong alimony as a condition of the marital contract of support, to one that entitles either spouse to post-dissolution support for only so long as is necessary to become self-supporting.”

A court will usually require the higher earner, regardless of if they are husband or wife, to assist the lower earner with maintaining the standard of living, at least for a period of time.

Changes in Financial Situation

The duration of spousal support payments can also be dependent on if the spouse receiving the support has a change in their financial standing (as the result of beginning a new job or higher pay). The purpose of spousal support is to ensure financial safeguards for the person receiving them. Therefore, if they no longer need to receive money to help them maintain financial footing, then a court can rule that they are able to support themselves and no longer need the support they have been receiving.

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

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Divorce Finalized for Kardashian

Almost two years after filing, Khloe Kardashian and Lamar Odom have officially signed papers to finalize their divorce.

Bittersweet Divorce

In a recent interview with Complex magazine, Kardashian, 31, expressed that Odom, 35,  is “going to always be that person,” a sentiment shared by others that have been through the same experience of divorce. It’s not always easy moving on after divorce, and each person has their own unique experience.

couple getting divorced

The divorce between the reality TV star and the former professional basketball player has been in the tabloids for years now. While it seemed as if the two were leading a charmed life in front of the cameras on their hit TV show, Khloe and Lamar, the relationship crumbled when the basketball player relapsed into his substance abuse problem.

Kardahsian filed for divorce on September 13, 2013, but the divorce was not finalized til July 21 of this year.

In Life&Style magazine’s September issue it was  reported that the couple had received notice from The Superior Court of California County “alerting both Lamar and Khloe that their divorce is not complete — and once again, she didn’t respond.”

As of April of this year, it was still unclear what was happening between the two. It seemed as if Odom could not be located and Kardashian had still not moved to get a default divorce judgement, despite the fact that she was able to.

A default divorce judgement can be granted if the respondent does not file his or her response within 30 days of receiving the divorce petition. The petitioner can obtain a “default” divorce by filing court forms for judgment, child custody, child support, spousal support, and property division. No trial is necessary.

Still it seems that Kardashian did not want to move forward.

Khloe Opens Up

Kardashian sat down with Complex magazine for their 2015 August/September issue to not only show off her well-trained body in an exercise-themed photoshoot, but also to speak to what has been happening between her and Lamar.

“I talk to Lamar as often as I can, which is inconsistent, but not on my terms,” she said. “When you genuinely feel like that was the right relationship, you’re supposed to give it all you can. That’s what marriage is about. It’s not, ‘Let’s see if it works, if not we always have divorce.’ I am not one of those girls. You took a vow before God and you’re supposed to abide by that.”

While divorce papers were finally signed on July 21 of this year,  Kardashian said she hadn’t been “rushing” the divorce because she wasn’t “looking to get married tomorrow.”

“Lamar is genuinely one of the best people I’ve ever met, and everyone says that when they meet him. I think Lamar’s going to always be that person [for me] but that’s what made it so special,” she said. “Even if I had it for five years or whatever, it was the best ever and I’m grateful I did. Some people don’t get that ever and I had that magic for a long time.”

She misses Odom “every day,” she went on to say.

“I miss what we had – things we got to do together are just memories. I like looking back and holding on to that stuff,” she said. “I definitely miss it, and there’s times I’ll get so sentimental and so sad, but this had to happen for some reason. I’ll figure it out over time, someone will give me that answer eventually.”

Moving On

Moving forward after divorce means that every day you will need to actively work to progress and improve . As Professor Harold Hill once said: “You pile up enough tomorrows, and you’ll find you are left with nothing but a lot of empty yesterdays.” It’s time to take your life back into your own hands.

Big changes can be accomplished with small steps, like these:

  • Wake up
  • Get in the zone
  • Get moving
  • Eat well
  • Get inspired
  • Gain some perspective
  • Do something that will propel you forward

Get Some Sleep and Wake Up in the AM

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According to the National Sleep Foundation (NSF) 40 million Americans suffer from over 70 different sleep disorders. Additionally, 60 percent of adults and 69 percent of children have one or more sleep problems at least a few nights during a week.

Getting the right amount of sleep can help you have a longer life, increased creativity, memory, attention, and focus. It can help to lower stress and your risk for depression.

Bottom line: you need your beauty sleep.

Find Clarity 

Focus on the positive things in your life. What you set your focus on expands. After waking up from a restful night’s sleep, prayer and meditation can help orient you toward the positive.

Focus on what you are grateful for: being out of a marriage that did not serve you. There are limitless opportunities and possibilities for you every day, so start the morning off by getting yourself into a space of gratitude and clarity.

Physical Activity

By now we all know we need exercise. Still, according to the Center for Disease Control’s National Health Interview Survey, only one-third of American men and women between the ages of 25 to 64 engage in regular physical activity.

Regular exercise has shown to decrease your chance of depression, anxiety, and stress. It’s also been linked to higher success in people’s careers. Any form of exercise works: the gym, yard work, cleaning. Just get your body moving and every aspect of your life will thrive.

Get Enough Protein

Eating protein first thing decreases cravings for white carbohydrates, which have been proven to make you fat. Donald Layman, professor emeritus of nutrition at the University of Illinois, recommends eating or drinking at least 30 grams of protein for breakfast. Protein-rich food can help you feel fuller for longer because it takes longer for the body to digest. Protein has also been shown to keep blood-sugar levels steady while also preventing hunger spikes.  In The 4-Hour Body by Tim Ferriss, he recommends getting 30 grams of protein within 30 minutes after waking up.

According to Ferriss, eat at least 40% of your breakfast calories as protein: two to three whole eggs, turkey bacon, organic pork bacon or sausage, or cottage cheese. You can also do a protein shake made with water. If you follow a vegetarian or vegan diet you can eat legumes, greens, nuts, and seeds.

Cold Water Immersion

showerCold water immersion has been shown to radically facilitate physical and mental wellness with regular practice. It not only changes your body’s immune, lymphatic, circulatory and digestive systems, but it can also increase weight-loss because it boosts your metabolism.

A study done in 2007 found that cold water triggers mood-boosting neurochemicals that make people feel happier. The study concluded that  because of this, taking cold showers routinely can help treat depression symptoms. Often, cold showers are more effective than prescription medications.

Sure, none of us wants to step into a cold shower, but try to think of it like getting into a swimming pool. The first 20 seconds feels terrible, but once you’ve done it, it’s fine.

Those who do this report feeling an increase in willpower, creativity, motivation, and inspiration.

Uplifting Content

Seek uplifting content in the form of books. You don’t even have to read – you can listen to an audiobook. Even 15-30 minutes a morning of uplifting and instructive information can change you. Just think about how much that will amount to over time. And just consider the amount of knowledge and life-perspective  you will have gained.

Get a Life Vision

Write down your short and long term goals. Reviewing them a few minutes a day can put your day into perspective. Chances are some things have changed after your divorce. Take some time to re-focus your energy on what you really want to accomplish.

Reading your long term goals every day will make sure you think about them every day. As you spend your days working towards your goals, they’ll manifest.

There’s a science to achieving goals, which removes the confusion and ambiguity of them. If you stick to a pattern, you can accomplish your goals, regardless of if they are large or small.

Write them down and review them every single day.

Take a Step Forward

Do the important things first. As you work through the day you’ll find your ability to make high quality decisions becomes fatigued. So if you don’t do the important things first, they simply will not get done. That means if you have to contact your ex-spouse for any reason – to discuss an issue with your children, or to ask if they can switch a day of child care next week, get it done first.

When it comes to personal things, the same is true. There will always be a million reasons to put something off til tomorrow. And tomorrow means never.

Consider this mantra: The worst comes first. Do what you’ve been needing to do first. And then do it again the next day.

Every day you need to take a step towards your goals. With every new step, you’ll realize that your goals aren’t that far away.

Moving Forward

A divorce can shatter your life if you let it. So don’t let it.

Every day you can move forward with these steps. Put a plan in place to succeed. Every step on that plan brings you closer to your dreams. Maybe that means finally having a day where you don’t feel guilty or sad about your divorce. Maybe it’s a day of less resentment. Maybe it’s a day where you focus on getting healthy by preparing a good meal for yourself.

Making small steps every day like the ones outlined above will change your life.

Woring with a Therapist

There are so many emotional things that you will need to work through when you decide to end your marriage. You might want to consider reaching out to a therapist or life-coach to help you through the emotional aspects. They can coach you on coping techniques and skills that will help you come to terms with your divorce.

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

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co