Category: High Net-Worth Divorce

Divorce Law LA blog posts about high net-worth divorce.

Brad and Angelina Settling Behind Closed Doors

Post author By Scott
Post date September 26, 2016

Considering Brad and Angelina have lived much of their private life behind closed doors, it makes sense they would look to settle their divorce in a similar manner.

Brad and Angelina Settling Behind Closed Doors

When Brad and Angelina first started dating 12-years ago it was on the eve of Pitt’s divorce from Jennifer Aniston. While “Brangelina” was “undercover” for a while, the couple allegedly began their relationship while on the set of their movie Mr. and Mrs. Smith. The couple was wed two years ago in 2014 and have 5 children: 15-year-old Maddox, Pax, 12, Zahara, 11, Shiloh, 10, and 8-year-old twins Knox and Vivienne.

For many couples, a collaborative divorce can make all the difference when it comes to settling a divorce.

Collaborative Divorce

As Family lawyer Nathalie Boutet explained, amicable and collaborative divorces or “conscious uncoupling” allows couples to avoid any unnecessary conflict. This type of conflict prolongs and publicizes negotiations, explained Boutet. According to her, “[Conscious uncoupling] is simply thinking about the consequences of your actions…it’s making plans rather than reacting to emotions like fear, anger or revenge.”

During a collaborative divorce process a team of four people—lawyers for each spouse, a mental health coach and financial professional – sit down and work together to create a solution for each spouse regarding everything that needs to be decided: child support and visitation, spousal support, and marital property division. Collaboration is done face to face so that each spouse is able to voice his or her own opinion. The team allows open communication and negotiation. The process allows people to work together as a team of negotiators to come to an emotional, financial, and legal solution.

Less Expensive and Less Time Spent

According to Jenkins, when a divorce goes to court, you can pay $100,000 just to get to the courthouse steps. An average collaborative can save you a ton of money, as the average one costs about $32,000. “People are raiding their retirement accounts just to pay for divorces,” said Rackham Karlsson, a collaborative attorney. “Going to court can be more expensive, more time intensive and corrosive for children.”

An average collaborative divorce takes three to four months to reach a settlement. When it comes to standard divorce, there really is no timeline. In fact, some divorces, when extremely litigious, have been known to drag on for years as spouses fight over property and spousal support, and who will receive the wedding china. And because a standard divorce decision is left up to a judge to decide, there is very little control you have over timing and outcome with a case that goes to divorce court.

A Good Alternative

There are numerous reasons why people choose the collaborative divorce process over the standard divorce process. The main reasons are that it’s less combative, and the final agreement feels more organic and more of well, an actual agreement than a decree. A couple is able to save time, money, and maybe even some headaches if they are able to work as a member of the collaborative divorce process.

Irreconcilable Differences

Jolie cited “irreconcilable differences” as their reason for the end of their marriage.

“Irreconcilable differences” is often the cited reason for a divorce filing. Filing “irreconcilable differences” means there is no hope that the couple will be able to resolve the problems they have with each other to be able to save the marriage. Some states use the term ” irretrievable breakdown of the marriage” instead of “irreconcilable differences.” You will need to check with your state’s terminology and grounds for divorces as each state has different requirements regarding what can be cited as the reason. A divorce attorney will be able to advise you on your state’s specific laws regarding grounds for divorce.

California is a no-fault state. “No-fault” means just that – neither party is at fault for the end of the marriage. So neither spouse is able to be found “guilty” for committing any sort of extenuating act, such as adultery, abandonment, or extreme cruelty.

High Net-Worth Divorces

It’s been estimated that Pitt has a net worth of $240 million and Jolie’s is estimated at around $160 million. Combined, the couple’s net worth is estimated to be $400 million.

Defined by the Securities and Exchange Commission, a “High Net-Worth Divorce” is “One in which a natural person who has individual net worth, or joint worth with the person’s spouse, that exceeds $1 million dollars at the time of purchase, excluding the value of the primary residence of such person; or a natural person with an income exceeding $200,000 in each of the two most recent years or joint income with a spouse exceeding $300,000 for those years and a reasonable expectation of the same income level in the current year.” If you find yourself in this financial situation, having a skilled Pasadena High Net Worth Divorce Lawyer on your side to maneuver this unique set of divorce circumstances is essential.

For individuals who carry a significant net worth, protecting themselves in the case of divorce is essential in order to properly secure their assets. Statistically speaking, individuals across a wide spectrum can find themselves facing the reality of divorce, no matter their socioeconomic status, ethnicity or religion, but the more assets involved and the higher the net worth, the greater the stakes when it comes to separation of finances and property.

Regardless of a person’s net worth, all divorce proceedings should follow a similar protocol awarding equal treatment and regard for the allocation of property, finances and matters relating to children and a High Net Worth Divorce attorney is extremely beneficial for wealthy individuals with much to lose from a divorce.

In general, most divorces follow a series of events that are relatively standard in their unfolding and pertain largely to individuals of a low to medium socioeconomic bracket. This demographic of couples comprise the bulk of divorces in the United States. Many individuals, however, require the expertise of a skilled High Net Worth Divorce Attorney who can assist them through the more complicated process of their divorce based on their higher level of income and High Net-Worth. Knowledge of such specific legal situations as creating and enforcing prenuptial agreements, estates, international property holdings, various investments, high incomes and/or professional licenses is essential, and a skilled High Net Worth Divorce Attorney at the Southern California Law Offices of Divorce Law LA can provide just such assistance.

Co-Parenting

Co-parenting is a crucial part of your child’s life. You will not be able to raise a child successfully if you do not get a handle on this. No child wants to see their parents fighting, or feel as if they are being tugged between two sides of a war.

You might need to consult a therapist or lawyer to get some groundwork laid for this new relationship. Bottom line: just try to be adults. You might have to dig deep to find that “adult” in there, and you might not want to, but you have to, for your child’s sake. Find an approach that will work for you (for the both of you) and then start from that point.

Kids Interests First

Putting your child’s best interests above your own are the only way to build a successful co-parenting situation while creating an amicable relationship with your ex. You two don’t need to be best friends that talk a million times a day. You just need to find a way to make this work, kind of like being assigned to a lab partner in high school that you just couldn’t stand. You had to work together to get through the assignment and to get the A+ grade that you wanted. If you could make that work in high school, you can make this relationship work as an adult.

This can be done in a number of ways:

Work out a method of communication. This can be done through email or text. Being able to write it down helps to create a “paper trail” should there be disputes. But this is also a great way to just remove the emotions and stick to the fact.
Remove the emotion during interaction – either in person or via communication
Schedule it out. This means weekly routines as well as vacation and other important events.
Be flexible
Commit to being cooperative. This might be a stretch, but you will need to cooperate.

This is not always an easy process, but once you have these basic things under your belt, it will be easier.

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

Tags Angelina Jolie, Brad Pitt, celebrity divorce

Child Custody Child Support Child Visitation Collaborative Law Divorce Family Law High Net-Worth Divorce

What The Pitt-Jolie Divorce Might Mean For Their Children

Post author By Scott
Post date September 21, 2016

According to court documents released this week, Angelina Jolie and Brad Pitt’s marriage is coming to an end. The couple listed their separation date as September 15, just two years and one month after they married in August 2014. Jolie is seeking physical custody with visitation and legal custody rights for Pitt. Below we discuss just what Pitt and Jolie might be facing as they determine their divorce agreement.

Forms of Child Custody

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 parent 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 parent 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 able 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.

Preparing for Your Child Custody Case Hearing

One you have filed your petition to be granted sole child custody you will receive a date for either a mediation session or a court hearing. You’ll want to be prepared going into this meeting. Here are some steps to prepare.

Work with Your Family Law Attorney

Your family law attorney will help you prepare for the mediation or court hearing. If you have been working with a family law attorney up to this point, chances are you have already built your case for why the other parent is unfit to raise the child or children you share. If you have not been working with a family law attorney, you will need to gather evidence of this on your own. We’ll discuss this more in depth further below.

Serve the Other Parent

After the petition has been filed, you’ll need to let the other parent know that you have done so and that you are requesting that a change be made to the current custody agreement. You can either work with your family law attorney to have the notification served, or work with a service company or the courthouse to have this done. Once the notification is served, the person who served the papers will need to provide you with proof that the other parent has been made aware. This is called “Proof of Service.” You’ll need to provide this to the court.

Preparing Evidence

Family law courts prefer to award joint custody to both parents. Because of this, you will need to prove that the other parent is unfit and unable to handle custody of your child. This may be proven a number of ways. Here are a few examples:

A history of abuse or neglect. Are there any police reports that have been filed against the other parent? Are there other pieces of evidence? Are there witnesses that can corroborate your story?
Lifestyle. Does the other parent have a job? Is it a steady job that can ensure the other parent is able to financially take care of the child? Where does the other parent live? Is it a safe environment?
Emotional and physical health. Is the other parent physically and mentally able to care for the child?

Once you have prepared all your evidence, either on your own or with the help of a family law attorney, you will be ready for the mediation or court hearing. If during the mediation session you are unable to come to an agreement, then the case will need to go before a judge. Hopefully, either through mediation or the court hearing, you will then be granted with sole child custody.

It should be noted that if a parent strongly disagrees with how the court has decided on the custody case, there is always an option to appeal.

Appealing Child Custody Decisions

Child custody cases are difficult due to the nature of the subject. A family law court will always rule in the best interest of the child. It’s important to note that an appeals court will not review a case just because one party disagrees with what the judge decided. If you feel your child custody agreement was arrived at because the court made a substantive error (either procedural or legal) you are able to appeal the court’s decision. Here’s how to appeal a child custody ruling.

Work with a Family Law Attorney

Working with a family law attorney will help you prove your case. In the case of appealing an already decided agreement, the family law attorney will need to prove that the previous decision was arrived at inaccurately due to a legal error or a procedural error.

Rules of Your Jurisdiction

Every state has different rules that given child custody cases and appeals. A family law attorney will be familiar with the rules of your specific jurisdiction and will be able to help guide you through the process. If you are not working with a family law attorney, you will need to research the rules on your own. These jurisdiction rules govern what your timeline is for filing an appeal to your child custody case, as well as exact guidelines for what should be contained in the petition to appeal. You can find these rules online or at your local courthouse.

Prepare an Appellate Petition

Next, you will need to prepare an appellate petition. This petition outlines why you are appealing the current child custody decision, as well as lists the errors that the lower court made when deciding on your child custody decision. If you are not working with a family law attorney, you might want to have the petition you fill out reviewed by one, just to ensure it has been done correctly. Next, you will file this petition with the court, as well as have a notification of the filing served to your opposing party.

Review of Appellate Petition

The court will then review the appellate petition and decide whether or not to hear your child custody appeal. If the court decides to hear your case, you will need to prepare a brief that explains your reasons for appealing the initial child custody agreement. This brief should include the lower court’s rules, case law, and all the facts that were presented in the initial custody hearing. A judge will review this and offer a final decision.

When parents live in different locations, either different states, countries, or even towns, the issue of child custody can become very difficult. It’s not uncommon for parents to request move away court orders.

Move Away Court Orders

If you are facing a case such as this one, the first thing you need to identify is if you are able to move away and relocate your child. Most courts will not allow a parent to relocate the child unless he or she has received written consent from the other parent or a court.

During a question of relocating a child the court takes the “best interest of the child” into account, considering these factors:

Is the current child custody arrangement stable?
Where is the new location? How far away is it from the household of the remaining parent?
What will be the financial impact (for both parents)?
Age of the child
What is the current relationship between the parents and the child?
Are the parents able to co-parent?
What are the child’s wishes (this is often dependent on the child’s age)?
Does the child require special accommodations? If so, are these accommodations available in the new location?
Reason for the move
Any additional factors

Working with A Family Law Attorney

When it comes to child custody decisions, you’ll want to work with a skilled family law attorney. There are a number of things that need to be considered, namely the best interests of the child, but also what type of custody you are hoping to acheive. 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

Tags Angelina Jolie, Brad Pitt, legal custody, physical custody, sole custody

Collaborative Law Divorce Domestic Violence Family Law High Net-Worth Divorce Marital Property Division

Depp and Heard Agreement: The Saga Continues

Post author By Scott
Post date August 29, 2016

In mid-August Amber Heard announced she would be donating the $7 million she was awarded as part of her divorce settlement from Johnny Depp to her two favorite charities – the American Civil Liberties Union, with a focus on battling violence against women, and Children’s Hospital of Los Angeles. The actress has volunteered at the charities for 10 years. But it seems that Depp is looking to avoid the middle man, and has sine decided to donate the settlement money directly to the charities in a series of installments.

Depp and Heard Agreement: The Saga Continues

In response to Depp’s announcement, Heard’s legal team responded, saying that while the actress “appreciates Johnny Depp’s novel interest in supporting two of her favorite charities,” the act is in violation of the terms of the settlement the couple had arrived at.

“If Johnny wishes to change the settlement agreement, we must insist that he honor the full amount by donating $14M to charity, which, after accounting for his tax deduction, is equal to his $7M payment obligation to Amber,” the statement continued.

“Anything less would be a transparent attempt by Johnny’s counsel, Laura Wasser and Patti Glaser, to reduce their client’s true payment by half under the guise of newfound concern for charities that he has never previously supported,” the statement concluded.

Meanwhile, the ACLU has confirmed that it has already received the funds, while the Children’s Hospital Los Angeles “has received the first installment and we are grateful to Mr. Depp,” according to DeAnn S. Marshall, senior vice president, chief development and marketing officer of the hospital.

Divorce Settlements

No one has ever said that divorce is a cheap process. For the most part, if you and your spouse are unable to come to a decision on things, divorce can be an expensive process with an expensive aftermath.

To Consider

If you are unhappy and unable to continue your marriage, then divorce might be the best option for you. There are some financial considerations you will need to make. Here’s a little of what you can expect:

Living as a single person costs more. This can be increasingly true for couples that share children.
Your standard of living might drop because of increased living costs that are no longer being shared.

But there are ways to minimize the financial damage. You’ll want to review these steps if divorce is in your future.

Minimize Financial Pain During Divorce

Work with a Lawyer

Even if you have decided that you don’t want to work with an attorney, at least consult one so that you are aware of your rights and options. You need to protect yourself. Even the most amicable of divorces can get sticky when it comes to ironing out the legal ramifications and you’ll want to do the best you can when it comes to protecting yourself. Remember that bitterness can cause people to do things they wouldn’t normally. Most lawyers offer a free first consultation.

Look at Your Credit Reports

You are able to pull free credit reports three times a year. These reports show all of the credit accounts that exist in your name, in addition to those you share with others. You’ll want to look for new accounts opened in your name and any changes that are unexpected. Your credit score can be damaged by a spouse that fails to pay joint bills.

Close and Monitor Your Joint Accounts

A lot of times divorcing spouses will move money from joint accounts to individual accounts so that the other spouse is unable to recover the cash. A lot of times this leads to large amounts of debt on joint credit cards, for which the innocent spouse is also responsible for.

The Consumer Financial Protection Bureau says:

When you have a joint account, each account holder is responsible for the full amount of the balance. The card issuer can seek to collect the amount due from either account holder.

Because of this, it’s advised that you close or freeze your shared financial accounts, including credit cards, joint bank accounts, and lines of credit. You will then need to open lines of credit under your own name. You might consider moving to new institutions to avoid confusion. If your spouse is resistant to this, try to do it on your own by consulting the account rules in the contract you signed when opening the account. You can also ask your bank to help.

Remember to also remove your spouse’s name as an authorized user from your personal accounts.

If you must retain a shared account because of costs related to children, try to limit it to one. Make sure to monitor the activity on the car by requesting balances and records of the most recent transactions. You can do this from an ATM, bank branch, or online.

Document Your Money — All of It

Try to locate every single marital financial resource, including:

All accounts and assets held jointly and individually. Record the balance, date, account number, authorized users, and contact information for each bank or creditor.
Incomes, property, retirement plans and all other assets owned jointly and individually. This should include vehicles, homes, jewelry, furniture, brokerage accounts, and insurance policies.

Make sure you keep everything in one place. Regardless of if you work with a lawyer or not, the court will need statements and documents pertaining to all accounts, assets, bills and debts. Organize everything in a file cabinet. Include:

401(k) statements
Insurance policies
Real estate purchases
Mortgages and refinances
House appraisals
Brokerage accounts
Money market accounts
Tax returns

Work with a Divorce Financial Analyst

You might consider working with a divorce financial analyst that can help with your settlement by:

Locating assets. This also includes hidden assets.
Ensuring information about family finances is accurate and complete.
Developing a long-term forecast of how your divorce will affect your finances when it comes to retirement needs, tax liabilities, and benefits.
Developing a realistic household budget so that you know where you stand in terms of life insurance, health insurance, and cost-of-living increases.
Appraising and/or valuing assets.
Preparing financial affidavits that describe your financial and tax implications when it comes to various divorce settlement options.
Mediating a financial agreement between you and your soon-to-be ex-spouse.

Get Your Name on the Deed

Regardless of if you are getting divorced or not, make sure your name is on titles and deeds of property you own together. This is important for all spouses, and can become an issue in cases of a spouse passing away.

This property is considered marital property in the state of California, and will need to be divided should you divorce your spouse.

When it comes to dividing assets during a divorce there are various concerns you will need to deal with when it comes to dividing the marital property.

What State do you Live in?

State laws govern how the marital property will be divided. You will need to do your research and 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:

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

Change Beneficiaries & Rewrite Your Will

After your divorce you will need to change the beneficiary on your assets, including insurance or stocks, bank accounts or retirement accounts. You’ll also want to update your will too if it lists your spouse’s name.

Have a Financial Plan

You’ll need to know how to budget according to your new income amount. Putting this together before entering the divorce process will help you understand your needs following the divorce so you can come to a settlement that works.

Make sure you plan for college tuition, child care, children’s lessons, sports and activities, and your own retirement, taxes, transportation and housing.

Financial Future

Considering your financial situation after your divorce can feel daunting and overwhelming, but if you take the right steps, you can be sure to set yourself up for financial freedom. It might take some tweaks, but consider the fact that you are now completely in charge and able to make your own decisions regarding how your money will be spent. Embrace it, and embrace the freedom you now have.

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

Tags Amber Heard, divorce settlement, Johnny Depp

Divorce Family Law High Net-Worth Divorce Mediation Spousal Support

Osbournes Call Off Divorce

Post author By Scott
Post date August 1, 2016

Sharon and Ozzy Osbourne announced their divorce earlier this summer, but it now appears they have called it off.

Osbournes Call Off Divorce

After being married for 33 years, and amid rumors of infidelity, Sharon and Ozzy Osbourne announced their divorce at the end of the summer. But just recently the two took to two various talk shows to discuss the fact that they will be staying together.

This week, Black Sabbath frontman Ozzy Osbourne sat down with Good Morning America to explain that the couple is “back on track” after going through a low point in their marriage. As he explained of their marriage and reconciliation, “Some days are good. Some days are terrible. Some days you just drift apart for a while but you get back on the horse.”

Sharon also spoke openly about the couple’s relationship on her talk show The Talk. “I just can’t think of my life without out him. Even though he is a dog. He’s a dirty dog,” she said in regards to his alleged infidelity. “So there we are. He’s going to pay big.”

“He’s very embarrassed and ashamed about his conduct. Through his shame and embarrassment he finds it hard to get it out. With you guys I think he’ll be much better. It will be easier for him to speak,” she went on to say. “I can’t speak for him. But for me, um, yes, you know. I forgive. It’s going to take a long time to trust but you know we’ve been together for 36 years, 34 of marriage, and it’s more than half of my life.”

Cancelling a Divorce

Just because a couple begins divorce proceedings, that does not mean they have to continue and complete a divorce. In fact, a divorce can even be called off once all the paperwork has been filed.

Stopping a divorce once the paperwork has been filed is dependent on the intentions of both spouses. Namely, both spouses need to agree why the divorce is being cancelled. Both spouses also need to agree to get back together and officially cancel the divorce.

The next consideration is where the paperwork is in the process of the filing. If a judgment has not been formally issued then the parties can stop the divorce upon mutual agreement. Naturally, it’s better to stop the divorce earlier in the process, rather than once it has gone through the majority of the process.

Request to Withdraw Divorce Petition

If both parties have agreed to cancel the divorce, the couple next needs to file a request to withdraw their divorce petition. This may require additional filing fees and court costs, and may also require that the couple attends counseling or mediation so that a court can determine if the decision to cancel the divorce is not only mutual, but based on a sound agreement.

Finalizing Withdrawal

Once the withdrawal is finalized, all divorce proceedings are cancelled, and the couple remains legally married. Property returns to being considered community property and any child custody agreements are cancelled.

Issues to Consider

There are some additional considerations to take if you wish to stop the divorce hearings. They include the following:

A spouses can change his or her mind at any point and continue with the divorce
Were there any reasons for why a spouse might have considered full custody, such as abuse or neglect? Do these issues need to be resolved before the couple can continue their marriage?

Pretending to Stop the Divorce

Sometimes a couple will pretend to stop the divorce in an attempt to delay the finalization of the divorce. This can be for any number of reasons. Falsely attempting to cancel a divorce may be considered divorce fraud and will be subject to investigation. The party attempting to falsely stop a divorce may face legal consequences, such as contempt of court or even criminal charges. This is why a court will often require counseling or mediation in order to determine that the couple actually wants to continue their marriage.

Another Option – Legal Separation

While divorce might seem like the only option, remember that legal separation is also available. Legal separation allows couples to live apart and take a “break” from each other, while also ensuring that each spouse’s legal rights are protected via a legal separation agreement. Legal separations can also be called: “judicial separation”, “separate maintenance”, “divorce a mensa et thoro“, or “divorce from bed-and-board.” All these terms refer to the legal process by which a married couple formalizes a de facto separation while remaining legally married.

Formal Legal Separation Agreement

It’s always advised that you sign a formal legal separation agreement. This agreement outlines child support and visitation, property division, and any other aspect of a marriage. An attorney will be able to prepare this legal and binding document. This will offer you legal protection should your spouse fail to live up to his or her obligations and will also also hold up in court.

The following should be included in the legal separation agreement:

Spousal Support

Benefits – With legal separation spouses are able to retain certain benefits that were available during the marriage, such as health insurance.

Home Residency – If a couple shares a home, it should be decided at this time what will happen to the residency during the separation. The agreement should include information regarding who is able to live in the home, who is responsible for maintaining the home, and who is financially handling the home.

Joint Accounts – A legal separation agreement outlines who has access to those joint accounts such as joint checking, savings, and credit accounts. It’s often advised to close or freeze these accounts during the separation. Each spouse will then need to obtain their own personal accounts.

Protection from Acquired Debt – A legal separation agreement will shield you from being responsible for debt acquired during the time of the legal separation.

Why Pursue Legal Separation?

There are advantages with legal separation, including:

Spouses are able to maintain benefits such as a spouse’s health care plan or military benefits.
Staying legally married for 10 years allows couples certain social security benefits.
The separation period allows for a “cool off time,” during which parties can work to resolve their differences. Couples can then decide to either pursue a divorce or resume the marriage.
In some religions divorce is not allowed or recognized. Legal separation allows these religious couples to live separate lives while still remaining married and true their faith.
Legal separation can be used to solve immediate problems in couples who are uncertain about moving forward with divorce.

Steps to Follow for Legal Separation

Here are the steps you will take to acquire a legal separation:

Consider working with a family law attorney that can advise you on all the necessary steps of your legal separation.
You and your spouse will need to decide on grounds for the separation
Fill out a Form FL-100 Petition. This form includes options for divorce (dissolution of marriage) or legal separation.
If you have children under 18, you will need to complete Form FL-105/GC-120 which provides information to the court regarding children.
File Form FL-100 at your local county court. Pay any necessary fees. If you receive public benefits or have low income, you might be eligible for a fee waiver.
Serve your spouse with a copy of the court papers if they were not filed together. There will need to be proof of the serving, which can be done through various means such as a process server. A family law attorney can advise you on how to obtain this proof.

Still Considering Divorce?

If following your legal separation you and your spouse decide to move forward with a divorce, you will still need to file a divorce petition and go through the formal divorce process. Since a legal separation agreement has already been created and you mutually agree all aspects of your marriage, chances are you will be able to file an uncontested divorce. If there are still unresolved issues, you might decide you need a court’s help to come to a decision. It’s important to remember though that just because you are legally separated, that does not mean you are officially divorced. A judge will need to sign off on the final divorce papers and agreement before you can declare yourself “single.”

Working with a Divorce Attorney

It’s always advised that you 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

Tags celebrity divorce, infidelity, Ozzy Osbourne, Sharon Osbourne

Divorce Family Law High Net-Worth Divorce

Are Ben and Jen Still Divorcing?

Post author By Scott
Post date July 11, 2016

“Nanny-gate” might have happened a year ago, but are Ben Affleck and Jennifer Garner still divorcing? It looks seems like maybe not.

Are Ben and Jen Still Divorcing?

It’s been over a year since it was revealed that Affleck, 43, had an alleged affair with nanny Christine Ouzounian. And since then, it appeared that Garner, 44, and Affleck were headed towards divorce, but according to a source close to the couple, the divorce is “on hold.”

“Jen mentioned that the divorce was going through very soon, and then a few weeks ago, things changed,” a source “close to Garner” has said. “It does not seem to be moving in that direction.”

Neither party has filed formal divorce papers either, so it appears we will have to wait this one out. For other couples in similar positions, it’s possible to work through an affair, and even possible to cancel a divorce once proceedings have begun.

Cancelling a Divorce

Just because a couple begins divorce proceedings, that does not mean they have to continue and complete a divorce. In fact, a divorce can even be called off once all the paperwork has been filed.

Request to Withdraw Divorce Petition

Finalizing Withdrawal

Issues to Consider

There are some additional considerations to take if you wish to stop the divorce hearings. They include the following:

A spouses can change his or her mind at any point and continue with the divorce
Were there any reasons for why a spouse might have considered full custody, such as abuse or neglect? Do these issues need to be resolved before the couple can continue their marriage?

Pretending to Stop the Divorce

Another Option – Legal Separation

Formal Legal Separation Agreement

The following should be included in the legal separation agreement:

Spousal Support

Benefits – With legal separation spouses are able to retain certain benefits that were available during the marriage, such as health insurance.

Protection from Acquired Debt – A legal separation agreement will shield you from being responsible for debt acquired during the time of the legal separation.

Why Pursue Legal Separation?

There are advantages with legal separation, including:

Spouses are able to maintain benefits such as a spouse’s health care plan or military benefits.
Staying legally married for 10 years allows couples certain social security benefits.
The separation period allows for a “cool off time,” during which parties can work to resolve their differences. Couples can then decide to either pursue a divorce or resume the marriage.
In some religions divorce is not allowed or recognized. Legal separation allows these religious couples to live separate lives while still remaining married and true their faith.
Legal separation can be used to solve immediate problems in couples who are uncertain about moving forward with divorce.

Steps to Follow for Legal Separation

Here are the steps you will take to acquire a legal separation:

Consider working with a family law attorney that can advise you on all the necessary steps of your legal separation.
You and your spouse will need to decide on grounds for the separation
Fill out a Form FL-100 Petition. This form includes options for divorce (dissolution of marriage) or legal separation.
If you have children under 18, you will need to complete Form FL-105/GC-120 which provides information to the court regarding children.
File Form FL-100 at your local county court. Pay any necessary fees. If you receive public benefits or have low income, you might be eligible for a fee waiver.
Serve your spouse with a copy of the court papers if they were not filed together. There will need to be proof of the serving, which can be done through various means such as a process server. A family law attorney can advise you on how to obtain this proof.

Still Considering Divorce?

Working with a Divorce Attorney

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Tags Ben Affleck, celebrity divorce, Jennifer Garner

Divorce Family Law High Net-Worth Divorce

Stefani Sees Future After Divorce

Post author By Scott
Post date July 5, 2016

In a recent interview with Harper’s Bazaar, singer Gwen Stefani referred to her divorce from Gavin Rossdale, “six, seven, eight months of torture.”

Gwen and Gavin Split

Rossdale and Stefani were married for 11 years, but as she described, “It was so insane because not only did my family break up, but then my kids are taken away like half the time, so that was really like, ‘What?! What did I do?’ My dreams were shattered.” She went on to explain, “All I wanted my whole life was to have babies, be married, like what my parents have.”

As the mother of three recalled, “I remember thinking, ‘There’s gotta be a reason for this.’ Of course you go through the ‘Why me?’ and feel sorry for yourself.” Stefani then explained, in reference to her breakup from No Doubt bass player Tony Kanal, “But then I was like, ‘No, this happened to me already and I made something good out of it.” The “good” she’s referring to is the band’s breakout album, 1995’s “Tragic Kingdom,” which was based largely on Stefani’s relationship with Kanal.

Soon after the band became successful, Stefani began dating Rossdale, the lead singer of Bush, who would go on to be her husband for 11 years. “That was it. [My personal life] was my boyfriend and then my husband,” Stefani said.

Now following her divorce, Stefani has began dating fellow “Voice” judge, Blake Shelton. Shelton split from Miranda Lambert around the time that Stefani and Rossdale were ending their marriage.

Stefani Sees Future After Divorce

When Stefani describes learning of Shelton’s divorce, she said: it “was like being handed this gift of a friend who was going through the exact same thing at the exact same time. And then everything flipped. It went from horrible to, like, hopeful and like, ‘Wow, God, you just don’t know what’s gonna happen next.'”

A Future After Divorce

When you’re in the middle of a divorce, just starting one, or just ending one, it can be hard to see a future. Where will you be in a year’s time? Will you be better off? Will you be worse? When a couple decides to say “I do,” they never, ever dream of saying “I don’t.” Divorce can be debilitating, but when the dust is settled, you will have to pick up the pieces and move forward. It really is possible, sometimes you just need to know the road to you, after divorce.

You, After Divorce

It goes without saying that divorce is a difficult process. Whether or not there are kids involved, a number of thing need to be worked out: child custody arrangements, child support, spousal support, marital property division. A family law attorney will be able to help you with these aspects of ending a marriage. But you’ll also need help working through the tougher parts of ending a marriage: emotionally tiring and stressful aspects of ending a mrriage. It not only changes your entire lifestyle, it changes you. If you can step back, you might just realize how it changes you in a good way. Here are some positive aspects of a divorce that you may want to consider. In the end, you might just be grateful for the little things that you learned from going through one of the hardest processes you could go through.

Maturity
Sure, you have to legally be an adult before you can get married, but that doesn’t make you mature. If you had to take a maturity test before tying the knot, chances are marriage wouldn’t even exist. In truth, we often enter marriage still in a childlike state due to the faith we’ve put into the idea of “soul mates” and the fairy-tale romances we’ve been told that end in happily ever after. We might have been blind to the fact that marriage requires a whole ton of effort, and on your part, not the part of a fairy godmother. There’s also a good chance we never set down the wounds of our childhood. Those patterns that we picked up as children (yeah, those ones we never dealt with) all get taken along with us, becoming patterns that impact our marriages and adulthood.

Divorce is like the evil step-queen, yelling in your tear-streamed face. She’s not going to let you go on being the prince or princess that you thought you were. You’re going to have to create some magic of your own, on your own, perhaps for the very first time in your life.

Confidence After Divorce

Divorce can knock your confidence level down to zilch. You’re probably feeling pretty defeated because you weren’t able to hold your marriage together. And if infidelity played a part, then you’re also wondering where you fell short and why your ex-spouse decided to look elsewhere. All that, plus the idea that the whole dating scene has completely changed and now you have to get back out into, can lower your confidence level to below zilch. It’s terrible. But that’s only the first half of the story. Here’s when you re-write the second half.

When you successfully complete something that in your mind you just knew you could not do, you gain confidence. Having to re-frame your assumptions about your weaknesses and limitations, forces you to find a way to believe in yourself. Facing your fears and surviving gives you strength. And after battling through opposition you can emerge, sure, bruised and battered, but knowing that you didn’t give up.

Perspective
Yup, it’s true, hindsight is 20/20. You have to walk through something, get a far way ahead of it, and only then can you look back and see just how important that process was. At that point you can see the beginning, the middle, and the end, and how that end is so clear and empty of emotional and clutter. Take this new clarity and run with it. That perspective can give you amazing information you need to change your own behaviors and to improve your future relationships.

Gratitude After Divorce

After you lose everything, you take nothing for granted. Divorce can be like losing everything: past memories, your present marriage, and future dreams. Let that be your determination to survive. But this is also a time to lean on friends and family that stepped up and stood by. They will lift you up, even when you can’t lift yourself. Be grateful for them, and try to show them that you are. If not now, then try to later.

Empathy
When you have felt pain, you honor and respect that pain in others. Divorce can make you more empathetic towards people facing any form of loss. You will move towards acceptance and forgiveness of your situation and your ex. And with this movement will come the ability to see things from other people’s viewpoints, making you a better friend, and a better person to be in a relationship with (down the line, when you are ready for one).

Divorce wipes away the ego that believes it’s shameful to ask for help. After you admonish this, you will be able to accept help for yourself, and then be able to offer help to others who are in need.

Responsibility
It’s easy to blame your ex, to place the responsibility for the divorce in his or her hands. We also might realize that all too often we have looked to them to provide happiness, or support for making decisions. This interdependency ends with divorce. It’s good to be interdependent, but divorce requires that you learn to be independent. You’re going to be steering this ship on your own. You’re going to have to be responsible for your own things now: happiness, support, etc. Let this empower you though, rather than make you feel lost or scared. You’re completely in control now. You can change. It’s your life now.

Humility

Divorce teaches us that no matter how much we want something to be true, we can’t force it into being. All those choice you made have consequences. And maybe now you are being forced to see them. Sure, you might have said “divorce will never happen to me,” but now it has. You’re going to have to admit that it can happen to anyone. Let this “slap” of reality force you to embrace acceptance while also redefining expectations. You’re not immune to anything.

Fortitude
Divorce can be a longer process with more setbacks than you had ever imagined before you took that first step. Just when you think that the worst is behind you, BAM! It hits you again. Two steps forward, one step back has never been more true. It takes grit to survive.

Awareness
Divorce can be a wake-up call. Often times people realize they were living in a kind of “auto-pilot” mode when they said their “I dos.” The clarity and awareness you have after saying your “I Un-dos” might provide you with a sense of awareness that wasn’t there before. A lot of people turn to meditation and yoga during divorce because it settles the mind to allow for awareness. This mindfulness and consciousness will be helpful moving forward in your new life.

Ingenuity

Divorce is also a way to test your abilities… all of them. Your negotiating skills, your financial skills, your balanced budgeting skills, co-parenting abilities. You are the only problem solver now. You will need to work out how to afford your rent on a portion of the budget you once had. You will also need to learn how to co-parent, potentially with an ex you hate (for now). But the more you are placed in these new positions, the better you will become at those tasks.

Wisdom from Divorce
Divorce can be an opportunity for reflection and analysis. You are now raw and ready to learn new ways of doing things, in addition to just learning new ways to move on and cope.

Working with Professionals During and After Divorce

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, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Tags after divorce, future, Gwen Stefani

Divorce Family Law High Net-Worth Divorce Marital Property Division

Blake Shelton Buys Miranda Lambert’s Boutique Property

Post author By Scott
Post date June 20, 2016

It’s not uncommon for soon-to-be ex-spouses to buy each other out when it comes to dividing marital property during a divorce. So, it makes sense that at the end of May, Miranda Lambert sold the Oklahoma location of her popular Pink Pistol boutique to ex-husband Blake Shelton

Blake Shelton Buys Miranda Lambert’s Boutique Property

While the buy-out was not part of the divorce agreement, Lambert felt it was a good time to close the Oklahoma location of her popular Pink Pistol boutique after three years of operation. And it seems that Shelton already has “a plan brewing.”

“As a resident of Tishomingo I’m very sorry that the Pink Pistol has decided to move its operations out of the area,” Shelton said. “We all, as a community, appreciate everything it has done for our town. As for the actual properties left behind… I was offered the opportunity to buy them, and I have a plan brewing.”

But this is not the end of Lambert’s boutique business. The Pink Pistol will be moving to a new flagship location in the beginning of August.

“It feels full circle to have everything under one ‘roof’ basically where it all began in my hometown of Lindale,” said Lambert. “Sometimes you need to close a chapter to build on a new beginning or go back home.”

Dividing Marital Property

While the sale of the boutique location was not part of the couple’s divorce agreement, it does bring up the idea of what happens when it comes to dividing the marital property. How property is divided is completely dependent on various factors.

What State do you Live in?

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.

What Counts as Property?

Property is anything that can be bought or sold, or anything that has a financial value. This includes: houses, cars, furniture, clothing, bank accounts, businesses, etc. Within that, there are two forms of property when it comes to a marriage: community property and separate property. Community property is anything earned or acquired during the course of the marriage. Separate property belongs to one spouse. States make their own determinations on what counts as separate property. A family law attorney would be able to help you determine what is “separate property” based on your state’s laws.

Other Considerations

There are four other steps that need to be considered when diving marital property:

Identify the assets owned by you and your spouse
Categorize all assets as marital or non-marital property
A value will need to be assigned to the assets
Devise a plan for the division of assets that is in accordance with state laws

No Fault Divorce Laws

Separate Join Financial Obligations

In addition to figuring out marital property division, you’ll want to consult with professionals familiar with re-structuring finances after divorces.

The Rest of Your Financial Picture

As you move forward in your new life there will be a number of things you need to change: weekend schedules if you have children, perhaps addresses, maybe even your employer if you have to go back to work or get a higher paying job. There are going to be a number of unanswered questions. You don’t have to answer them all immediately, but chances are, you’ll need to answer them sooner rather than later. Here are some things to consider when it comes to your finances after divorce.

Figure Out a Budget
You might not have been the spouse in charge of the finances before. Now that you’re on your own, you’re going to have to be. This can be difficult if you’ve never taken care of a checking account. According to certified divorce financial analyst Eva Sachs, the first step toward financial independence is balancing your income with your expenses. So how do you do that? she advises that you sit down and figure out how much money is coming in (this will vary depending on what side of alimony and child support payments you’re on). After you figure this out you’ll need to assess how much of what is coming in is being spent on living expenses.

“Think of it as a spending plan rather than a budget,” says Sachs. “Knowing where your money goes is key, especially after divorce. There will be many new expenses you might not have thought about prior to your divorce; this is a critical time to refrain from spending money you don’t have.”

It might be helpful to write everything down until you have a clear picture. This will give you an up-close look at your financial habits. If you’ve never done this before, this might be a shock. It’s good to know where you can tighten up, or loosen up so that you can budget accordingly.

Rainy Day Fund

Now that you don’t have a spouse to lean on in times of trouble – loss of job, medical emergency, unplanned home expense – you’ll want to create your own rainy day fund. Any unexpected hits to your bank account will need to be covered by you and solely you. Protect yourself, says Sachs. She recommends creating an emergency fund you can continue adding to when you have the chance.

“An emergency fund should equal three to six months of your living expenses,” she says. “If you can swing it, I recommend six months because you’re now single and need an even bigger cushion if you are not able to work or an emergency occurs.”

Make Sure Assets Have Been Transferred

The papers are signed, your divorce is final, you can consider it over. Think again. According to Cheswick, the divorce may be finalized but your work isn’t really complete until you’ve ensured the assets awarded in the settlement have been distributed. Make sure all your t’s are crossed and i’s dotted before you skip along to singledom. Just because things have been agreed to in a settlement, that doesn’t necessarily mean they will automatically happen.

“I can’t tell you the number of people who will contact me months (and unfortunately even years) after their divorce is finalized and there are still outstanding items which have not been resolved,” Cheswick says. “Remember that the agreement is a legally binding contract that you both signed and agreed to uphold. If one party is failing to comply with the terms of the contract then the other party has every right to take steps to ensure their compliance including going back to court to have the agreement enforced.”

Enlist a Professional

It might seem like another financial burden to use a certified divorce financial planner during your divorce. In addition to legal fees it can feel like yet another financial expense. But a financial planner can save you a lot of headaches while also setting you up for a bright financial future, according to McBurney.

“Most financial mistakes that people make during and after divorce could easily have been avoided if they had sought professional assistance,” she says. “Financial planners can help you figure out how to live within your new financial realities post-divorce and develop strategies for building back your financial security. And tax advisors and CPAs can help you avoid making expensive (and very common!) tax mistakes (related to things like asset transfers, retirement, spousal and child support).”

Retirement

Retirement can be a difficult thing to face during divorce. Chances are you imagined yourself and your spouse sitting on an amazing porch, sipping lemonade, and reminiscing about your children. Just because your spouse is no longer in the equation, that doesn’t mean that you need to abandon your dream retirement life. As Sachs advises, now that the divorce process is almost finalized, look to your future and start to maximize your retirement savings.

“Don’t let divorce stop you from planning for your future,” she says, “Investing in your 401K plan will allow you to save for retirement. You can begin by saving a small amount each week and then let it build slowly or make payroll contributions that match your employer contributions. Don’t stop thinking of the future!”

Just because your future plans have changed, that doesn’t mean it can’t be a bright one. Be smart about your finances and you’ll find the financial freedom you need to help you move on and start a new life.

Working with a Family Law Attorney

As with anything regarding your divorce: child support, spousal support, marital property division, child visitation, etc… you should consult a family law attorney. 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

Tags Blake Shelton, ex-spouses, marital property, Miranda Lambert, property division

Divorce Domestic Violence Family Law High Net-Worth Divorce Marital Property Division Spousal Support

Is Amber Heard Just Seeking Spousal Support?

Post author By Scott
Post date June 13, 2016

Since Amber Heard’s filing for divorce from Johnny Depp at the end of May Heard has charged the Pirates of the Caribbean star with a temporary restraining order. But is the order just one way for the actress to secure a solid financial footing for her future?

Is Amber Heard Just Seeking Spousal Support?

While Amber Heard,30, might have obtained a temporary domestic violence restraining order against Depp, 52, Depp’s attorneys aren’t buying it. In fact, Depp’s attorney feels Heard is “attempting to secure a premature financial resolution by alleging abuse,” that the two actors and the court have no “financial information upon which to grant such relief” and that “as a successful actress with significant income of her own, there is no question Amber can support herself” until both Depp and Heard “have had a reasonable amount of time to assess their finances” with their attorneys and potentially negotiate a “mutually agreeable resolution.”

While the two did not sign a prenuptial agreement, Heard is seeking $50,000 a month in spousal support, an amount that is reportedly based on their “marital lifestyle.” Depp requested that amount be denied in his response papers to her divorce filing.

High Net-Worth Divorces

It’s not uncommon for us to hear about high net-worth divorces coming out of Hollywood. Defined by the Securities and Exchange Commission, a “High Net-Worth Divorce” is “One in which a natural person who has individual net worth, or joint worth with the person’s spouse, that exceeds $1 million dollars at the time of purchase, excluding the value of the primary residence of such person; or a natural person with an income exceeding $200,000 in each of the two most recent years or joint income with a spouse exceeding $300,000 for those years and a reasonable expectation of the same income level in the current year.”

For individuals who carry a significant net worth, such as Johnny Depp and Amber Heard, protecting themselves in the case of divorce is essential in order to properly secure their assets. Statistically speaking, individuals across a wide spectrum can find themselves facing the reality of divorce, no matter their socioeconomic status, ethnicity or religion, but the more assets involved and the higher the net worth, the greater the stakes when it comes to separation of finances and property.

Since Depp has made a considerable amount of money – but Heard has as well in her own acting career. Additionally, the fact that the two were only married for 15 months will no doubt be considered when the judge reviews Heard’s request for spousal support.

Spousal Support Determinations

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.

“Standard of Living”

Heard is seeking $50,000 a month in spousal support, an amount that is reportedly based on their “marital lifestyle.” This “marital lifestyle” will be based on what is called a “standard of living,” which is often used as a sort of guidebook for how much money a spouse will receive.

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.

While a history of violence might factor into Depp and Heard’s case, it will be up to a judge to determine if that is a factor in the two’s divorce case, or if, as Depp’s lawyer’s allege that Heard is just using the restraining order as a means to secure her future financial footing.

A Family Law Attorney

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Tags Amber Heard, Domestic Violence, Johnny Depp, restraining order, Spousal Support

Divorce Family Law High Net-Worth Divorce

Khloe Continues Divorce Proceedings

Post author By Scott
Post date May 31, 2016

For a while it seemed like Khloe and Lamar’s divorce was on hold. After the basketball star was found unconscious in a brothel, his would-be ex-wife rushed to his side, and seemingly put their pending divorce on hold. But now it appears Kardashian is moving forward with her divorce.

Khloe Continues Divorce Proceedings

Just hours after Kardashian, 31, reinitiated legal steps to finalize the split from Odom, she attended Scott Disick’s birthday party.

“She was really in a great mood. Very bubbly and happy,” said a source at the party. “She played with her nieces and nephews. She is the best aunt.”

The source added, “Everyone in her family is happy that she is moving on. She has all the support possible.”

While it had seemed for a while that Kardashian and Odom might discontinue their divorce proceedings, according to a source, it “was always the plan” to go through with the divorce, and “The divorce has never been officially off.” Rather “Khloé was waiting for the timing to be right.”

Now it appears the timing is right and the divorce is amicable. It also appears as if Kardashian is ready for the split. “She took care of Lamar out of love, but she is ready to move on now,” said the source, then adding that Kardashian “doesn’t agree” with recent reports that Odom has been drinking.

The Second Time Filing

Kardashian ran into a number of problems the first time she tried to file for divorce from Odom – namely the fact that she could not locate him in order to serve divorce papers.

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.

It has been no small trial for Kardashian this time around in helping Odom after he was discovered unconscious in a brother. Kardashian provided not only emotional, but also financial support for the fallen basketball star during his months in recovery. “She was loyal for a long time and taking care of him,” said a source, “but she’s not a babysitter and needs to move on with her life.”

According to source, Kardashian was at his side day and night, ensuring that he received the best medical care possible. Following his release from the hospital, she helped him move into a leased home that sits in the same gated community as her home while he recovered.

“She never wanted to file for divorce in the first place, and it’s not easy the the second time around either. But she knows it’s the right thing for her,” said the source.

At least now for the second time she is divorcing him, she is in contact with Odom. As a result there seems to be a little more closure that can happen for her.

“She wants to remove herself from the situation a bit,” the source added. “She wants to focus on her own happiness now.”

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

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

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Tags Divorce, divorce proceedings, Khloe Kardashian, Lamar Odom