Category: Family Law

Divorce Law LA blog posts about family law.

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Child Custody Child Visitation Divorce Family Law

What Type of Child Custody Should I Seek?

Children, Sports, and the Increasing Number of Brain Injuries

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

Physical Custody

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

Sole Custody

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

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

Legal Custody

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

Joint Custody

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

Working with a Child Custody Attorney

If you are facing a child custody dispute, you should contact a child custody attorney. Because there are a lot of rules surrounding child custody and there are a lot of aspects that factor into child custody decisions, working with a child custody attorney can help you through the process.

Source: Nolo, Types of Child Custody, 2014

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Divorce Family Law

Things to Avoid when Signing Prenuptial Agreements

Negotiation versus Litigation in a Slip and Fall Case

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.

Work with a Family Law Attorney

Working with a family law attorney to draft a prenuptial agreement is a good way to avoid making common mistakes. For advice on divorce, you need the expert law firm of Divorce Law LA, certified family law specialists. Schedule a free consultation today.

Source: The Huffington Post, 10 Common Prenup Pitfalls, November 4, 2013

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

Successful Celebrity Marriages

In Hollywood it seems “divorce” is synonymous with “celebrity.” We hear about celebrities seeking divorces almost every single day. But there seems to be a group of celebrities that have managed to find the secret to long and happy marriages. Here’s a list of celebs that are still making their marriages work.

Celebrity Divorces Successful Marriages

  • Celebrity couple Kevin Bacon and wife, Kyra Sedgwick will be celebrating their 27th wedding anniversary this year.
  • “Puppy Love” singer Donny Osmond knew he was going to marry Debbie Glenn from the moment he first saw her. He attributes his happy marriage to keeping it real. “You have to take out the selfishness, you have to realize you’re on a two-way street, not a one-way street. And whenever you have an argument, she’s always right,” he said.
  • Denzel Washington and Pauletta Pearson were married in 1983. When he was asked about his marriage on Reddit he responded: “Well, you know, I don’t know if it’s show business that has a monopoly on divorce, it’s just that you hear about it. I don’t know what statistics are, or I don’t know if people in show business have a higher rate of divorce, but I just think that you have to work at it. Not give up on each other. It’s a commitment. It’s not all the honeymoon, it doesn’t last forever, so you work at it. And hopefully you’re good friends first, that might help!”

Working With A Divorce Attorney

Divorce can be difficult, especially if you need to iron out child custody and visitation or spousal support agreements. Working with a skilled attorney can help ensure you get a fair case.  For advice on divorce you need the expert law firm of Divorce Law LA. Schedule a consultation today.

 

Source: The Huffington Post, Celebrities Who Have NEVER Been Divorced, February 9, 2015

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

Singer Michelle Branch Files for Divorce

After more than a decade of marriage, Michelle Branch has filed for divorce from her husband.

Files for Divorce

Citing irreconcilable differences, the “Everywhere” singer filed for divorce from Divorce Law LAdy Landau on Feb 9., 2015 Branch, 31, and Landau, 50, separated in January 2014. In California, which is a no fault state, neither spouse is found to be “at fault” for the dissolution of marriage. Citing “irreconcilable differences” allows you a “reason” for divorce.

The two were married in May 2004 in Mexico. Landau was her former bassist.

Rocky Start

“My relationship had a very rocky start,” Branch said of Landau in 2006. “My parents hated the idea – and now love him. My dad never wanted me to be with a musician. I mean, how unrealistic is that? I’m not going to fall for an accountant! And when he found out he was closer in age to my husband than I was, he got very nervous.”

Child and Joint Custody

The singer and former bassist have one child, Owen Isabelle, 9. They are seeking joint custody, which allows both parents rights to the child.

Working with a skilled attorney can help ensure you get a fair case.  For advice on divorce you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: People.com, Michelle Branch Files for Divorce, February 18, 2015

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 Move Aways (Child Relocation)

Advice on Co-Parenting

Children, Sports, and the Increasing Number of Brain Injuries

You’ve just gone through a divorce and have now entered the world of single-ness and co-parenting. It’s new territory, and can be hard to navigate. Here’s some tips from experienced co-parenters.

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.”

Co-Parenting #1

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.

Working with a skilled attorney can help ensure you get a fair case.  For advice on divorce you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: The Huffington Post, The 18 Best Things You Can Do For Your Kids After Divorce, February 17, 2015

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

Seriously Weird Reasons for Divorce

When You Might Consider a Lawyer for Personal Injury Claims

Divorces happen for a lot of reasons: infidelity, irreconcilable differences, and financial stress are just a few reasons. But then sometimes there are other reasons, that maybe don’t seem like they should be reasons, but have caused marriages to end regardless. Here are some of the weirdest reasons yet.

Weird Reasons for Divorce

  • She “let him go” after finding out he didn’t care for the movie “Frozen.” According to the U.K.’s Metro News, the Japanese woman told her husband, “If you can’t understand what makes this movie great, there’s something wrong with you as a human being.”
  • In Dubai a man left his wife because, according to Gulf News, she was “possessed by a genie.” More specifically, the family had told her husband she was possessed by a “dijn,” a type of genie from Arabic mythology, and that’s the reason she would not sleep with him. Religious experts had been called in to exorcise the dijn, but were not successful
  • An Indian man claimed that his wife had too much of a sex drive (sounds like she might need to be possessed by a dijn). In court the man claimed she had forced him to take medication to boost his sex drive and then threatened to sleep with other men if he didn’t satisfy her needs.
  • The parrot let the cat out of the bag. According to ABC News, a Chinese woman found out her husband was cheating on her. Who told her? The couple’s pet parrot. The parrot began saying “divorce,” “I love you,” and “be patient.”

Working with a Divorce Attorney

If you have come to the conclusion that you want a divorce, for any reason, you should work with a  divorce attorney. A divorce attorney will be able to walk you through all aspects of a divorce including: alimony, marital property division, and child support.

Working with a skilled attorney can help ensure you get a fair case.  For advice on divorce you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: The Huffington Post, His Penis Extension Broke — And 9 More Crazy Reasons People Divorced, January 22, 2015

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 Marital Property Division Spousal Support

Divorce: Know What You’re Getting Into

Even the “simplest” of divorces can equal a big hit to your wallet. It’s important to know what you’re facing in terms of finances when you face divorce.

A “Simple Divorce” Example

Jennifer Zoschak, partner at a family law firm, handled the divorce of a couple that had been married for over 20 years. The wife earned 40 percent less than the husband. Because of this Zoschak knew alimony (spousal support) would most likely be a portion of any divorce settlement.

It was assumed that the divorce would be fairly straight-forward. But a year later the husband was still against paying any form of alimony. The case had to go to trial. The judge ultimately granted permanent alimony. And at the end of it, this “simple divorce” wound up costing $300,000 in legal fees.

Couples Have Power to Keep Divorce Fees Low

It’s easy to blame lawyers and the law system for high fees. But it’s also important to remember that you have way more control than you think. “The cost of a divorce is entirely based on how reasonable, fair and honest the couple is with each other,” said Zoschak. “If they can communicate calmly, not lie about assets or income and not fight about inconsequential minor things, I can do a divorce for $1,500 and have it finalized in a matter of weeks.” Remain calm, be willing to negotiate, be prepared, and you too can have a lower costing divorce. Here’s how!

Keeping Your Legal Bills Low

There are a number of tips you can take to reign in your divorce before it spins out of financial control:

  • Don’t fight over minor parenting issues. This means don’t argue over exact drop-off and pick-up times, days spent with you, etc… Be willing to negotiate and…
  • Be flexible.
  • Your lawyer is not your therapist. Attorneys work on an hourly rate. You’re paying them to handle issues related to property, finances, and your children. You’re not paying them to listen to your grievances.
  • Be prepared. Going into your divorce you should have: detailed financial statement listing sources of income, assets, and living expenses. You should also have a credit report.
  • Focus on the facts. If you stick to the facts and keep the emotions out of the way you will be able to get to the root of negotiations without spending time arguing.

Working with a Divorce Attorney

The most important thing to do if you are facing what could be a litigious divorce is work with a divorce attorney. And even more important is that you find a divorce attorney you feel comfortable with. A divorce attorney will be able to walk you through all aspects of a divorce including: alimony, marital property division, and child support.

Working with a skilled attorney can help ensure you get a fair case.  For advice on divorce you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: CNBC, Getting divorced without breaking the bank, February 9, 2015

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

Deciding on Divorce

It’s hard to realize that your marriage is coming to end. It’s even harder to make a final decision regarding divorce. There are a number of questions you’e most likely already asked yourself. But there are a few others you might not have considered. Here’s a list of some additional questions you should consider if you are considering divorce.

Divorce Questions

Here are some questions to consider:

  1. Do I want to end my marriage with a divorce or just find a way to have a better relationship with my spouse?
  2. Have we tried to work it out? Have we done our best to work it out? Consulted relationship therapists or self-help guidance?
  3. Are there any stressors that are contributing to our failing marriage? Unemployment, infertility, or a miscarriage?
  4. How have I contributed to this failing marriage? Are there things I can change?
  5. Was this relationship always unhealthy or a mistake? Have we been incompatible from the start? Or is there just a recent challenge we’re facing?
  6. Have I set incredibly high standards that are impossible to meet?
  7. Is there someone else?
  8. Am I still in love with my spouse?

Honest Answers

Only you can answer these questions honestly for yourself. You might conclude that there are some more things that can be done. You might also decide that you do not want to continue putting effort into a marriage that is already done. Once you decide that you want to move forward with divorce there are some important next steps.

Working with a Divorce Attorney

The most important thing to do is start working with a divorce attorney. And even more important is that you find a divorce attorney you feel comfortable with. A divorce attorney will be able to walk you through all aspects of a divorce including: alimony, marital property division, and child support.

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

Sister Wives Divorce

Children, Sports, and the Increasing Number of Brain Injuries

Looks like America’s favorite polygamist family is getting a divorce. Well, kinda.

Polygamy Turns to Divorce

TLC’s Sister Wives celebrates the love and devotion that exists between Kody Brown and his four wives, Meri, Christine, Janelle, and Robyn. But it looks like Brown, 46, has divorced his first wife, Meri, 44, in order to marry (legally) the youngest wife, Robyn, 37.

Meri and Brown wed in 1990. Robyn joined the polygamist family in 2010.

Divorce

On February 3, 2015, Brown officially became divorced from Meri. The two filed joint divorce documents last September. In December, Brown and Robyn applied for a wedding license.

Reasons Behind Divorce

The show, now in its sixth season has closely followed the ever widening rift between Brown and Meri. The couple share a daughter, 18-year-old Mariah, but have not been able to conceive more kids. Meri has taken to social media to voice personal issues, although she’s remained pretty cryptic, tweeting: “Stay real, stay loyal, or stay away from me.”

Brown also has children with the other wives: six with Janelle, six with Christine, and one son with Robyn. Robyn has three other children from a previous relationship.

It’s not clear what the exact reason for the divorce, but it’s speculated that it was done to bring Robyn’s family into the family legally.

Working with a Divorce

Divorce is difficult in any family situation. Working with a skilled divorce attorney can ensure you understand all the legal issues that arise during the divorce process. A family law attorney can help you negotiate marital property division, child support and visitation, and alimony.

 

Working with a skilled attorney can help ensure you get a fair case.  For advice on divorce you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: US Weekly, Sister Wives Polygamist Kody Brown Divorces First Wife Meri to Legally Wed Youngest Wife Robyn, February 3, 2015

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

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