Category: Spousal Support

Divorce Law LA blog posts about spousal support.

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Stefani-Rossdale Divorce

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

Divorce for Stefani and Rossdale12558697_s

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

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

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

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

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

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

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

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

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

Irreconcilable Differences

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

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

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

Joint Custody

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

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

What is “Joint Child Custody”?

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

Joint Child Custody Arrangements

Joint Child Custody can take various forms, such as:

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

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

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

Joint Child Custody – Advantages and Disadvantages

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

Spousal Support

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

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

Defining Spousal Support

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

Calculating Spousal Support

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

Length of Spousal Support

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

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

Permanent or Lifetime Spousal Support

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

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

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

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

Changes in Financial Situation

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

A Family Law Attorney

When it comes to the actual legal process of a divorce, you’ll want to work with a skilled family law attorney. There are a number of things that need to be considered during a divorce: child support, spousal support, marital property division, and other things. Working with a skilled attorney can help ensure you get a fair case.  For advice on divorce, child custody determinations, setting up a co-parenting agreement, dividing marital property, and spousal support you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Child Custody Child Support Child Visitation Divorce Family Law High Net-Worth Divorce Marital Property Division Spousal Support

Facebook and Divorce

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In our current social media age it’s not uncommon for people to vent their unhappiness online. Whether updating a Facebook status to call out an ex-wife for her inability to appear in court on time, or tweeting raves about a judge’s decision, people use social media platforms to tell the world about their lives. And often times that means their lives and their divorces.  Before you take to Facebook, Twitter, Instagram, or any other social media, there are some things you need to know – namely how it could potentially affect your divorce and the judge’s decisions.

Rants Land Man in Prison

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The Supreme Court recently overturned the conviction of Anthony Elonis, a Pennsylvania man whose social media rants landed him in prison.

Elonis, often using rapper Eminem’s lyrics, used Facebook to make a series of violent rants against his wife and others. He claimed the rants were not “true threats,” and that the jokes and comments were free speech, and thus protected under the First Amendment.

The court sided with Elonis, 7-2, ruling that the status updates were inadequate for conviction and that prosecutors would need to show that the writer in question actually meant the rants to be threatening.

“Federal criminal liability generally does not turn solely on the results of an act without considering the defendant’s mental state. That understanding “took deep and early root in American soil” and Congress left it intact here,” wrote presiding Chief Justice John Roberts. Roberts noted that the law in question did not explain what mental state should be required for conviction.

While free speech advocates fear that criminalizing Facebook rants might lead to an overall restriction of free speech, others fear that lack of governing laws could lead to far worse situations.

Reason for Divorce

It’s no secret that social media can lead to divorce.

Countless studies have proven that the best way to keep your status as “in a relationship” or “married” you might want to log off Facebook.

A recent survey of 2,000 Brits found that one in seven people had considered divorce as a result of their spouse’s questionable activity on social media outlets such as Facebook, Skype, Snapchat, Twitter or What’sApp.

And almost a quarter of participants polled by the law firm Slater and Gordon said they had an argument at least once a week that was related to social media use. Of that group, 17 percent admitted they fought about social media every day. Fifty-eight percent of those polled said they knew their spouse or partner’s passwords even if their spouse or partner was unaware of it.

Meanwhile, divorce attorneys agree that social media increasingly plays a role in marriage breakdowns. In a 2010 survey done by American Academy of Matrimonial Lawyers, 81 percent of those surveyed said they’d seen an increase in the number of cases that cited social networking as a reason for divorce in the five years prior to the survey. According to the attorneys, Facebook was the number one source for spouses being able to find evidence of their spouse’s infidelity. Of those, 66 percent admitted they’d found evidence through combing through the site.

Social Media as Evidence in Divorce Court

Divorce

Social media can be a valuable source of evidence in in family law cases involving divorce, child custody, and child support and visitation. It’s not uncommon for people to assume that their Facebook posts, tweets, Instagram photos and other social media activities are more private than they really are. Though people are becoming increasingly more aware of the fact that social media is not as private as they thought, people still continue to post information they otherwise would have never volunteered. This information includes: financial affairs, adultery, improper parenting, and even dangerous or illegal activities such as drug use. It’s all been seen on the internet, and it all still continues to be seen on the internet. 

“Privacy” and Divorce

Many users of social media believe their pages are “private” and thus should not be able to be used in a family law battle. In previous cases, people have claimed that their Facebook profiles should be excluded from judgement or as evidence because they are only shared among a small group of Facebook “friends.” Yet courts continue to reject this argument, determining that there is little to no reasonable expectation of privacy with regards to actions taken on a social media platform. Even creator of Facebook, Mark Zuckerberg, has stated “privacy is no longer a social norm.”

It’s important to remember that while you can control your privacy settings, the information can still be easily shared. Sometimes parties going through domestic law cases “un-friend” the opposing party. Even then, information can still be shared through mutual friends and family members who are still able to see whatever you post. The information can also still be requested by an attorney. In previous cases such as Offenback v. Bowman, Barnes v. CUS Nashville, LLC, and Largent v. Reed judges have privately reviewed information to determine if information should be disclosed in a case.

Deleting Information

You or your ex-spouse might try to hide evidence by deleting it. But this can be dangerous too. Intentionally deleting information can be legally seen as the destruction of evidence. This can cause even more legal trouble in court. In the case of Lester v. Allied Concrete Co, the court fined both the defendant and his attorney for removing harmful posts and pictures on a Facebook page.

But how did they find out?

In our current social media age, it’s not uncommon for lawyers to take to social media to gather evidence when they are first hired for the case. Often times this means an attorney has social media information long before a person has time to delete or conceal the information. When this evidence “goes missing” and that fact becomes evident in a court of law, the deletion can have larger consequences than the original evidence.

How to Deal with an Ex

If your ex is continually bashing you online, try to focus on other things. Maybe it now the chance to prove you’re the bigger person by ignoring them.

Here’s some advice from those who have been through it before:

“Here’s my advice: Ignore it and consider the source. Giving him any satisfaction that he’s affecting you will only empower and embolden him to continue his childish tirades. Rise above it all, and show your daughter how a real adult behaves.”
– Diane D.
“The best revenge is to live a happy life. Remember when he bashes you, he is suffering. Smile and enjoy your freedom from this unkind man.”
– Maggie Z.
“I unfriended everyone we had in common, not in life, but on Facebook. I also blocked my ex and his now-wife and people that I knew to be an issue. It didn’t work all at once. It was a gradual change as I never responded to anything they said and I never said anything about them, but over time it seemed to work. And I really don’t care now. His reputation was very important to him, so he went to great lengths to make sure everyone that knows him thinks I am horrible. I just avoid those people and focus on my own life.”
– Heather P.
“I copied everything and printed it. I did block him after that. Judge was NOT happy about it. Of course we are civil now and different than we were over two years ago. But it is unacceptable behavior and it just makes him look horrible to the judge and mostly himself. Someone that bashes an ex like that on social media is a terrible friend to have. People start seeing the terrible side of him and his immature ways. Ignore it, copy EVERYTHING, then block him. Worked well for me.”
– Nichole S.

To Remember

It’s important to remember that just like in a criminal investigation, anything that you say can– and likely will – be used against you. This is especially true when a court is deciding how to award custody of children. If your Facebook wall is filled with images of you partying, chances are the court might take this into consideration. The same goes for if you use your Facebook wall as a way to voice concerns and your irritation about your ex-spouse’s short-comings. A court wants to know that you are capable of taking care of your children and being able to raise them in, ideally, a co-parenting situation.

Consult a Lawyer

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, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Child Custody Child Support Child Visitation Collaborative Law Divorce Family Law High Net-Worth Divorce Marital Property Division Mediation Spousal Support

Paltrow and Martin Divorce After Uncoupling Consciously

Gwyneth Paltrow and Chris Martin are expected to file divorce papers a year after taking to the internet to explain their “conscious uncoupling.”

Conscious Uncoupling

After the announcement from the actress and musician, “conscious uncoupling” immediately became a trend on Twitter and every other social media outlet. All of a sudden “conscious uncoupling” became part of our lexicon. But what did it mean?

An essay written by Drs.Habib Sadeghi and Sherry Sami (who specialize in combining Eastern and Western medicine)  about “conscious uncoupling” accompanied Paltrow and Martin’s announcement. They maintain expectations that your life-long marriage do not match up with humans’ expanded life expectancy.  The “success” of a marriage should instead be defined by looking at how meaningful and fulfilling the relationship is for both spouses, rather than how long the marriage lasts.

In simpler terms, conscious uncoupling meant the couple was splitting up.

M. Gary Neuman, marriage expert and creator of the Neuman Method, considers the couple as center of the family. The act of  “conscious uncoupling” un-centers the family. This can be dangerous for all obvious reasons.

Keeping the Bliss Alive

happy-marriageAccording to a study done by American and European researchers,  newlyweds only have two years to enjoy the joy that a wedding brings to their relationships. Following the two years, the relationship moves towards one that is more focused on companionship rather than burning love emotions. The study tracked 1,761 people who got married and stayed married over 15 years.

While some couples were happy with the companionship that came after the two years, some couples felt it indicated something was wrong in their marriage. According to the Neuman Method, here are some ways to keep that “spring in your step” when it comes to your relationship.

  • New experiences – experience something new together like a poetry class or attending a lecture on something that interests you both. You don’t want to drag your spouse along to something they can’t stand.
  • Travel together
  • Small surprises go a long way. They don’t even have to cost anything – a love note or a text is a great reminder that you’re thinking of your spouse.
  • Turn off social media, cell phones, work, etc… Disconnect so you can reconnect.
  • Pay attention to the little things – the new way she’s doing her hair, or the fact that he is wearing a new cologne.

Marriage takes a lot of work. And even after years of work it can be hard to make it work. Conscious uncoupling demonstrates a kinder approach when moving on from a marriage. One that seems to align with another common trend in divorce: mediation or collaborative 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.

Divorce

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

Paltrow and Martin will be filing “irreconcilable differences” as their reason for the end of their 11-year 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.

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. If the parents of Apple and Moses have figured it out (Martin and Paltrow) then so can you!

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

Categories
Child Custody Child Support Child Visitation Collaborative Law Divorce Family Law High Net-Worth Divorce Marital Property Division Move Aways (Child Relocation) Spousal Support

Cannon-Carey: A Lesson in High Net-Worth Divorce

Nick Cannon took the twins he shares with estranged wife Mariah Carey out for breakfast in Los Angeles last Friday. Later, the doting dad, 34, posted an image of a Tic Tac Toe game to his Instagram, gushing: #Nothing like some breakfast and a morning game of Tic Tac Toe to get your day going in the right direction! XO’s #DemKids is nice with it! #Geniuses.

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Divorce

After living apart for several months, the host of America’s Got Talent filed for divorce on December 12. Around that time he took to Twitter to say: “I will never say anything negative about @MariahCarey We are forever a family rooted in love.

And indeed, it seems the two are making it work, at least in terms of co-parenting.

His breakfast outing was obviously a ‘farewell till the next time,’ as just a few hours he updated his Instagram with a photo of him on the way to the airport captioned: ‘Another Friday Another Flight.’ He’s currently in the middle of auditions for the upcoming season for AGT.

Co-Parenting

Co-parenting, and the act of co-parenting can be difficult for two parents to establish. The word implies that two parents are able to cooperate and communicate efficiently, but that’s not often the case. This becomes glaringly obvious when it’s realized that the main reason two people end a relationship is because of inability to communicate with each other.

But, unfortunately, when it comes to co-parenting, communicate is a must. If you cannot forge that relationship, the number one person, or people being hurt, are the children you share. Making this harder is the idea that even if your number one intention is to communicate effectively, you still have no control over the other person in the co-parenting relationship.

Being a Better Co-Parent

Regardless of how the other parent acts, there are some things that you can do to make the situation better. Realizing that you can improve the situation by improving yourself can help ease the stress. Here are some things that you can do:

Accept that you might not be able to control every situation. 
It might be easy to be aggravated by everything your co-parent does, but why spend your time and energy? You can’t change what you can’t change. Instead, channel that energy into creating quality time and moments with your kids. Learn and accept that you are not able to control everything. This can be hard, but it’s important. And that acceptance will free up emotional energy that can and should be spent elsewhere.

Be PRESENT with your kids.
When you are upset about something your mind is there, dwelling on that anger. If something that your co-parent does upsets you, place it to the side and don’t let it get in the way of the time you have with your children. Studies show that being present is the most important thing we can give our kids. Pay attention to them! And practice being mindful of the time you spend with them.

Make your home a calm and secure environment.
You can’t control anything your co-parent does. You can’t change them. But you can change you, and you can control you. So ensure that your home is a calm, grounded, and secure environment for your children. This will provide them with a calm and stable environment during a time that not feel that way. They should feel safe during this time – especially if the co-parenting schedule is new. Being able to give your kids stability will ensure they grow up feeling stable.

Focus on what is GOOD.
It’s not uncommon for divorced co-parents to feel guilty about what the effects of the divorce will have on their kids. You can focus on all the wrong things, but isn’t it better to focus on what’s GOOD? Two parents that love them. The secure and stable home that you’ve created. All the good moments you share. That cannot be taken away by your ex. These good-feeling moments are a great influence on your kids. So remember all the good stuff!

Cannon – Carey Property Division

While it seems they have gotten a hold on co-parenting, one aspect of the Cannon-Carey divorce that still might need some ironing out is the marital property the two share.

Cannon is in the process of moving into a $3 million luxury six bedroom, eight bathroom estate on the east coast ‘to keep the twins out of the spotlight.’ Cannon’s net-worth is over $20 million. He is paying $11,000 a month for the house, with an option to purchase the secluded Saddle River estate in New Jersey.

Carey will be staying on the West Coast and kicks off her Las Vegas residency at Caesars Palace on May 6. She has been spending most of her time in Southern California in preparation for the Sin City run.

Despite having their separate living arrangements, the two seem to be locked in a legal dispute over the division of their assets. Cannon just filed a lawsuit that alleges Carey, along with the couple’s business manager, Michael Kane, sold the couple’s Bel Air Mansion for $4 million less than the asking price without involving him in the sale.

Marital Property Division

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California is a community property state, as opposed to an equitable distribution state.

In community property states, all property the couple acquires during the marriage is divided equally. During a divorce settlement, issues such as financial need, ability to earn income, or which spouse is at fault for the divorce are not taken into account when dividing property.

In equitable distribution states, which are the majority of states, marital property division takes into account the financial situation of each spouse. This is different than the 50/50 breakdown of community property states. Though equitable distribution is more flexible, it can be harder to forecast the outcome. This is due to the fact that many factors are taken into account during the settlement negotiations.

When it comes to dividing marital property, there are four concerns that need to be addressed:

  • Identification of marital assets that are owned by you and your spouse
  • Assets need to then be categorized as marital or non-marital property.
  • Value will be assigned to the assets
  • A plan will be constructed over how to divide these assets. This plan will be made in accordance with state laws.

Marital Property

Not all property is considered “marital property.” It should also be noted that marital property does not only consist of dividing furniture and household items, but also all other financial assets such as bank accounts. And the definition of marital property can vary from state to state. You should work with a divorce attorney that can advise you on your state specific laws regarding property division. Typically though, marital property includes any property that is acquired by either spouse during the course of the marriage. And property acquired by either spouse before the marriage is usually not considered marital property.

Non – Marital Property

That being said, in some states, property acquired during the marriage can be excluded from marital property. Such types of property include:

  • Gifts or inheritance granted to one spouse during the marriage.
  • Property purchased with separate funds acquired by one spouse before the marriage.
  • Property that was excluded in a prenuptial agreement.
  • The asset is the result of increased value of separate property that was acquired before the marriage.

Preparing Your Finances for Divorce

If you know there will be issues regarding the division of marital assets prior to filing for divorce, there are some things you should do. Namely, you should consider separating any joint financial obligations that are under both of your names. Joint credit accounts should also be considered during the division process. Because of this, it’s advised that you separate any joint accounts. Here are some tips to consider when facing marital property division:

  • Each spouse should have access to a complete set of all financial documents.
  • Each spouse should establish their own line of credit, in their own name.
  • Close all joint credit card accounts.
  • Create a formal written agreement that outlines the activity on any joint credit accounts until all accounts can be separated.
  • Open separate bank accounts.
  • If you must maintain a joint bank account, make sure you have a written agreement outlining the purpose of the account and what the funds will be used for. You might consider that each spouse sign any checks written from that account.
  • Freeze any investment assets to ensure that neither spouse may misuse funds.
  • Change the title to your home to “tenants in common.”

Working with a Divorce Attorney

Divorce can be a difficult process, not just for emotional reasons. There are many aspects of a divorce that will need to be legally decided upon, including: child custody and visitation, spousal support, and marital property division. A family law attorney will also be able to provide you with advice on how to create a successful co-parenting situation. This can include the creation of a co-parenting schedule that outlines weekly visits, but also holiday schedules, and other major events. These things can be even harder to work out in a high net-worth divorce. State laws will also play a large factor in how things are divided and settled. Because of this, it’s advised that you work with a local divorce attorney that will be able to advise you specifically in accordance with your state law.

 

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 Divorce Spousal Support

Update: Griffin Divorce

It seems hedge fun billionaire Ken Griffin’s divorce will never be settled.  As more is revealed about the couple’s spending habits, it seems new arguments are rising about spousal support v. child support.

Child Support v. Spousal Support

Last month, it came out that the family spent $1 million per month on their three kids, including: $300,000 a month for intercontinental private-jet travel, $160,000 a month for vacation rentals and $60,000 a month for office space and professional staff. New revelations about the couple’s spending have just been released that detail how this $1 million per month breaks down. And according to these recently released documents, Grffin is arguing that his ex-wife, Anne Dias, has listed expenses as “child support,” even though they should clearly be listed as spousal support, since they go towards maintaining her “lifestyle.”

Breakdown of Expenses

The expenses include, per month: $6,800 for groceries, $7,200 for restaurant meals, $8,000 for gifts, and $2,000 for stationery. Griffin is claiming his ex-wife also sought $450,000 for a 10-day vacation in St. Bart’s. He agreed to $45,000 for the vacation.

Maintaining Lifestyle Prior to Divorce

Though Dias’ lawyers are not disputing the expenses, they do argue that per Illinois law, Griffin is required to fund the children’s lifestyle to maintain the lifestyle the children maintained during their parents’ marriage. They argue that the expenses simply match those of when the couple was married.

Prenuptial Agreement

Dias is also seeking to nullify the prenuptial agreement, while also making claims that Griffin is failing to pay adequate child support for their three kids. The three children are all under age 10.

Griffin maintains he is paying “virtually every expense” related to the children. These expenses include the children’s four nannies. He’s arguing that the paid expenses are solely for Dias’ benefit. These expenses include: a private chef, multiple house cleaners, and a house manager/personal assistant. According to Griffin, Dias is attempting to fund her lifestyle by claiming that her personal expenses should be a portion of child support.

Source: NBC News, $450,000 for a Vacation? Inside a Billionaire’s Divorce, February 23, 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 Divorce Domestic Violence Spousal Support

Terrell Suggs Faces Divorce

After allegations of infidelity, and previous incidences of alleged domestic violence, Terrell Suggs’ wife has filed for divorce.

Divorce and Child Custody

Candance Suggs (nee Williams) and the Baltimore Ravens linebacker have been married for two years. The couple shares two children, ages 6 and 7. Candance is seeking full child custody and alimony, as was documented in the divorce papers she filed last December. The petition states, the “Defendant has committed adultery during the marriage and the Plaintiff has not forgiven, or condoned the adulterous conduct.”

Terrell is denying the accusations of infidelity, claiming he remained faithful to his wife until they separated a year ago.

“The allegations she makes concerning Mr. Suggs occurred  well after they separated,” said Terrel’s  attorney Thomas C. Ries. “They were no longer in love and they no longer wanted to be married to one another.”

Domestic Violence Claims

Candance has previously filed for numerous protective orders in the past. Before the two were married, she claimed that Terrell had thrown bleach on her and her son during an argument. The couple reconciled and the protective order was lifted. But just a few years later, she filed another protective order when Terrell punched her in the neck and then dragged her along behind his car a he drove away with their two children. At that time Terrell was ordered to turn over seven guns to the police. The two reconciled, the order was lifted, and they were married less than a month later.

Divorce

Terrell Suggs filed his divorce response recently, asking for joint custody of the children. The two signed a prenuptial agreement, though the terms are being withheld.

 

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 Baltimore Sun, Terrell Suggs’ wife files for divorce, accuses him of infidelity, February 13, 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 Spousal Support

Calculating and Awarding Spousal Support

If you are getting divorced, and are seeking spousal support, there are some important things to understand regarding how the courts decide to award spousal support.

Calculating Spousal Support

To establish permanent spousal support the state will take a number of factors into consideration including: length of marriage, the needs of each spouse and the standard of living that was created and maintained during the marriage, assets, the age of the spouses, and numerous other factors. A divorce attorney will be able to build your case based on your own specific circumstances. A court will hear your case and then, using tremendous discretion, will set the spousal support amount.

Length of Spousal Support

The length of spousal support payment typically lasts for half the length of a less than 10 years long marriage. So, if you’ve been married for six years, spousal support payments will last for three. But for longer marriages, the court usually does not set an alimony duration. Your divorce lawyer will need to prove that you should pay, or receive, the spousal support for the length of time you seek. A court will decide based on the arguments they hear and common law practices.

Permanent or Lifetime Spousal Support

When “Permanent” or “Lifetime” spousal support is awarded, that means support will be paid to the recipient until the death of the one paying, or until the recipient remarries. In some cases, it has been granted by a court that a remarriage does not stop the support.

While “permanent” or “lifetime” support used to be awarded, during the late 1990s, as women became an even stronger in the workforce, this started to be awarded less and less. Courts now rarely ever favor awarding “lifetime 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.”

 

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: CA Divorce, How Spousal Support is Decided in California, 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
Child Support Divorce Spousal Support

Tax Repercussions and Support Payments

If you’re paying or receiving spousal support or child support, there are some basic tax laws regarding support payments you need to remember. If you receive spousal support, you must declare it as taxable income . If you’re paying spousal support, you can deduct it. Child support is not taxable and not deductible.

Tax Strategy During Divorce Decisions

These rules are important to keep at the front of you’re mind when you and your spouse are working out alimony and child support agreements. The final ruling and decision should reflect your intentions for tax time. A decision that you and your spouse might make is to have the paying spouse agree to pay the recipient spouse’s tax liability.

A Helpful Tip

It might be helpful to try and work out the best tax deal for both spouses. While negotiations might be difficult, this negotiation might save you both around tax season.

To Keep in Mind

If you receive alimony, make sure you plan for the potential tax impact. Your former spouse will not be able to withhold taxes from the support check you receive, so you’ll need to be sure that you’re accounting for that fact when calculating how much you’ll be paying in taxes. You should consider paying quarterly taxes, just so you don’t get hit all at once in April. 

If you are paying alimony, always remember that you are able to deduct the support payments on your income tax return, but not child support or distribution of property. Often times the IRS scrutinizes the payments made during the first three years to ensure that the payments were not disguised as property distribution or other post divorce obligations.

Working with a Lawyer

The tax laws that are associated with alimony and child support payments can be very confusing. Working with a lawyer that understands the ins and outs of the tax repercussions of divorce can help mitigate the confusion.

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

Source: DivorceNet.com, Is Alimony Always Tax Deductible to the Paying Spouse?, 2014

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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