Month: November 2018

Categories
Collaborative Law Divorce High Net-Worth Divorce Marital Property Division Mediation

What About the Wedding Ring?

It’s a symbol of committing one’s life to another, a solid band of unity that declares that you are married. But what happens to the wedding ring when a couple gets divorced?

What About the Wedding Ring?

A wedding ring is one of the most identifiable pieces of a marriage. So when the marriage ends, it can be hard to know exactly what to do with the leftover and often expensive symbol of that marriage.

For some, it means putting the ring in a drawer or tossing into the ocean. Other choose to pass it down to their children. For others, depending on what state they are divorcing in, it becomes part of the marital property division process.

The first step you will need to do is have it appraised by a jeweler. Once you have a price for it, there are a number of options:

  • sell it online through either eBay, Craigslist, or your local buy-sell-trade.
  • donate it to a charity that both spouses agree on
  • depending on the state the couple is divorcing in if the couple purchased the ring with shared finances, the ring(s) may be considered marital property and therefore, eligible for distribution between the spouses during divorce.

Dividing Marital Property

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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 check with an attorney to see if you live in an equitable distribution state or a community property state.

Other Considerations

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

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

No Fault Divorce Laws

Though most states separate the division of marital property from grounds for divorce due to no fault divorce laws, most states do consider any financial misconduct when it comes to dividing marital property. What this means is if you or your spouse has foolishly spent money then you or your spouse will most likely be penalized when it comes to dividing marital property.

Separate Join Financial Obligations

If you feel the division of marital assets might be a contentious point between you are your spouse, you might want to consider separating financial obligations prior to starting the divorce process. Marital property does not only mean furniture and household items, but also joint credit accounts. Each spouse should have access to a complete set of all financial documents. You’ll also want to close all joint credit card accounts. If you’re not able to fully separate the accounts, draft a formal written agreement outlining the activity on the remaining joint accounts. Freeze any investment assets – this will ensure neither spouse misuses funds until everything has been agreed upon. You might also want to consider changing the title on your home to read “tenants in common” until the final agreement regarding marital property has been decided upon.

Often Overlooked During Division of Marital Property

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Understanding your post-divorce financial needs and your current financial situation is vital to the process. Here are some items that can be overlooked – you’ll want to be an expert in all of them, and hire an attorney that is an expert at advising you about these items.

Cash Flow 

Understand what your cash flow situation will be – is your need immediate? Or is it not an issue at all? Will you need to sell some assets – bonds, stocks, mutual funds?

What are Your Joint Liabilities?

Do you have any joint liabilities such as outstanding tax liabilities on jointly-filed tax returns? Do you have any joint credit cards? Will a mortgage need to be refinanced? All of these things will need to be settled before the divorce is deemed final. That means you will need to either pay them off or transfer them completely to one spouse’s name. Running a credit report will also help you identify any outstanding debts.

Taxes on Assets

Review the tax impact of your investments. Though two assets might have the same dollar value, taxes can cause them to be vastly different. Are there any unrealized capital gains on taxable investments that might be due someday?

Previous Tax Returns

Review the last three to five years of tax returns that you have filed jointly. This will give you an idea of what needs to be considered in the negotiations.  These can include capital loss carry-forwards, charitable contribution carry-forwards, or net-operating losses. “Tax assets” reduce future taxes. Because of that, they should be considered as an asset when the marital estate is split.

Dividing Retirement Assets

Retirement assets play a part and represent the couple’s net worth – or at least a portion of it. There are special rules that allow the transfer of them to be tax-free. You’ll need to work with a financial advisor that understands those special rules.

Digital Assets

Though digital assets, such as pictures and videos that exist on computers or phones might not have financial value, they do have large emotional value. Arrange for both spouses to be able to access these assets.

Pasadena Marital Property Division Lawyer Expertise

The value of aligning yourself with an expert in marital property division will be highly beneficial as you maneuver through this difficult process. With over fourteen years of experience in dealing with Divorce and Family Law, the skilled attorneys at the Southern California Law Offices of Divorce Law LA are here to support you in categorizing what is marital and non-marital property, assigning value to your diverse assets and creating a plan for proper division based on California specific state laws.

As clean as this process can potentially go, certain circumstances may arise that will render a marital property division more difficult and painful than usual. A skilled attorney will assist you through challenging matters that may include a spouse’s irresponsible spending or participation in an illegal affair, which may result in their being penalized during the process of property division. Freezing and the division of joint assets such as co-signed mortgages, loans or combined credit, checking and savings accounts can be confusing and convoluted. The attorneys at the Southern California Law Offices of Divorce Law LA can assist you through this part of the process so that you maintain peace of mind and move in the direction of a favorable outcome.

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

Categories
Divorce Family Law

First Thanksgiving After Divorce

The holiday season can be one of the hardest to go through following a divorce. Thanksgiving traditions that used to bring joy can now be fraught with a lot of bittersweet or just plain bitter emotions. It’s important to look to the family and friends that you have to help you through what will most likely feel like a very difficult time.

First Thanksgiving After Divorce

If you just divorced this year, or are still struggling with how to deal with the holiday season as a single person, there are a number of things you will want to consider.

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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. Sometimes the Thanksgiving holiday makes this process of showing gratitude easier – it’s a whole holiday built around being thankful. Try to focus on that aspect of the holiday, rather than on what you might no longer have. 

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, and maybe steering it through the holidays 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.

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 the divorce process 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 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, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Collaborative Law Divorce Family Law

Has Your Marriage Come to an End?

While no one wants their marriage to end in divorce, we can be a little open to the warning signs that our marriage is in trouble. Perhaps you already feel some of these, or perhaps you’ve been turning a blind eye to them for a while. Regardless of what direction your marriage is headed in, you’ll want to consult with a family law attorney if you are considering divorce.

Has Your Marriage Come to an End?

You fantasize about a life without your spouse.
Are you daydreaming about how much better life would be without your husband? While this isn’t unusual if it’s something that you do often and with joy, you might want to consider working with a marital therapist.

You’ll want to get down to the bottom of these feelings. What’s causing you to yearn for the single life? It might be time to have an open conversation with your spouse about the aspects you might be longing for.

More bad than good.
If there’s more “bad” than “good” and you aren’t figuring out ways to upset that balance, you might want to work with a trained professional before the bad really starts to outweigh the good.

You aren’t sharing your thoughts and feelings with your spouse. 
While you don’t need to share every thought or feeling, you need to share when you are feeling unhappy. It’s the only way to address the issue. Communication is key to a healthy marriage, and you will both need to be aware of any problems for you to be able to fix them.

You engage in negative defense mechanisms.
Do you get overly defensive when your spouse expresses his or her concern? Do you dismiss your spouse’s needs?  Negative defense mechanisms only help to build more problems and solve nothing.

You feel alone.
Do you feel you are responsible for solving all your problems? If so, feeling as if you are failing can only help contribute to the feelings of a failed or failing marriage. It takes two to make problems and two to solve problems.

Lacking sexual intimacy.
A marriage that lacks sexual intimacy and affection can often end up in divorce, or just being a marriage of convenience.

The Steps of the Divorce Process

Whatever your reason for considering divorce, there are set steps you will need to take to get divorced. Hence, we bring you a “how-to” for getting divorced.

Step 1: Decide How to Proceed18640254_s

How you begin your divorce will be dependent on the particulars of your marriage and your relationship. A divorce of a marriage where the spouses have been married for a short period of time, have no children, and little property or debts is typically less involved than a divorce where the couple has been married for a long period of time, shares minor children, or where there is significant property or debt to be divided. If both parties are seeking the divorce, the process will most likely be easier, versus a situation where one spouse is contesting the divorce.  You will need to take a look at your specific situation in order to best gauge how you want to proceed.

Step 2: The Divorce Petition 

To start the divorce process one of the spouses must file a divorce petition. Even if both spouses are in agreement, one of them must file a petition that states the grounds of the divorce with the court asking for the divorce. Grounds for the divorce vary from state to state. California is a no-fault state, meaning no fault is placed on either party regardless of infidelity, etc…  But all jurisdictions allow for some type of no-fault grounds such as “irreconcilable differences.” Some states will consider fault grounds for divorce, such as adultery or abandonment. A family law attorney will be able to advise you your state specific laws regarding grounds for divorce

Step 3: Temporary Orders 

If one spouse is seeking to receive financial support (as alimony) or custody of children, that spouse will need to ask the court for temporary orders for that support and custody. This temporary order is usually granted within a few days of the initial petition and will remain in effect until the full divorce court hearing. If the party seeking the temporary order is the same party who is filing the divorce petition, it’s advised that they file both the divorce petition and the temporary order at the same time. If you are not the party that filed the divorce petition, but are looking for support or child custody, you should file your request for that support as soon as possible.

Step 4: Proof of Service and Responding

Once a spouse files for divorce he or she also needs to file for a proof of service of process. This document proves that a copy of the divorce petition was given to the other party. Your family law attorney can help ensure this is done, or you can work with a process server. If both spouses have agreed to divorce, it’s usually the spouse that files the divorce that arranges for the the  service of process to the other party’s attorney.

When the service of process is received, that spouse needs to file a response to the divorce petition. In states where grounds for divorce can be filed, this response is where to address or dispute those grounds for divorce. Also, if the spouse receiving the petition has any disagreement with the put forth property division, support, custody terms, or any other issue, this should be added to the response.

Step 5: Negotiating

When two spouses are not in agreement on child custody and visitation, child support, property division and any spousal support, they will need to find a way to negotiate the terms of their divorce. Disagreeing spouses might consider working with a meditation lawyer, as it is in their best interest to work out as much as possible out of court. This will help to cut down on legal fees and time spent arguing. The negotiation process is the hardest part of the divorce process. As we all know from public divorce disputes, the negotiations can sometimes take years if a couple is not able to come to an agreement.

Step 6: Order of Dissolution

Once everything is decided upon an order of dissolution is created that outlines out how the property and debts are to be divided, what child custody and visitation schedule is, what support payments (spousal and child) need to be paid, and any other aspects that have been agreed on. If the spouses are able to negotiate their own resolution to all of these aspects, their lawyers will draft the order of dissolution and submit it to the court. If the Order of Dissolution complies with legal requirements and both parties entered into it knowingly and willingly and can attest to it, then the judge approves it. At this point, the divorce is finalized.

Final Step: Move Forward

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

Every day you can move forward with a few small steps and a plan to succeed. Making small steps every day like the ones outlined below will change your post-divorce life.

Get Out of Survival Mode

 Are you just trying to survive?

It’s time to take your life back into your own hands. Here are some first steps to making that giant leap into your new life:

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

Get Enough Sleep

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.

Find Clarity and Abundance

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

Get Some Physical Activity

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

Eat/Drink 30 Grams of Protein

Eating protein first thing decreases cravings for white carbohydrates (the type of carbs that can make you fat. Food rich in protein will help you feel fuller for longer because they take longer for the body to digest. Protein also keeps blood-sugar levels steady, and thus prevents hunger spikes.

Take A Cold Shower

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

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

Listen to or Read Uplifting Content

Seek to learn and be educated. Some of the world’s most successful people read at least one book per week. You don’t eve have to read – you can listen to an audiobook. Even 15-30 minutes a morning of uplifting and instructive information can change you. Just think about how much that will amount to over time. And just consider the amount of knowledge and life-perspective  you will have gained.

Get Some Goals

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

Working with a Family Law Attorney

Whatever your reason is for divorce, you should consider working with a family law attorney. They will be able to advise you on any number of issues, including: child support, spousal support, marital property division, child visitation, etc… A lawyer from the expert law firm of Divorce Law LA will be able to guide you through the divorce process. The Divorce & Family Law Offices of Divorce Law LA will provide you with the highest level of expertise and professionalism from our skilled attorneys. Our Divorce and Family Law Practice spans a wide spectrum of areas that include: divorce, high net-worth divorce, marital property division, child custody and visitation, and child support.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Child Custody Divorce Family Law

Child Custody: Your Options

One of the biggest things to come out of Brad Pitt and Angelina Jolie’s divorce was the discussion about child custody. Though it was contentious at times, there are a lot of things that can be learned from it.

If you and your soon-to-be-ex spouse share children, you’ll want to know what options you have when it comes to child custody. Often times child custody disputes are responsible for drawing out divorce paperwork. As always, it’s advised that you work with a family law attorney to help settle your divorce.

Child Custody: Your Options

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

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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.

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

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