Tag: Divorce

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Divorce

Can You Do DIY Divorce?

Post author By Scott
Post date September 9, 2014

Yes, you can file your divorce and complete the process without the help of an attorney. But before you decide that you can do your divorce on your own, you might want to consider these tips.

Good Candidate?

Are you a good candidate for a do-it-yourself divorce? If you meet the following requirements, you might be:

You and your spouse agree on all issues such as division of property, custody, and any necessary support such as child or spousal support.
You’re satisfied that you have complete information regarding your family’s assets and debts. The assets and debts are fairly simple.
You are comfortable with the arrangements you have made regarding custody and support, as well as shared parenting time. Basically, you feel the settlement you and your spouse have come to is fair and reasonable.

Time and Patience

Another thing you will need to consider when considering a do-it-yourself divorce is if you have the time to research California’s state law, as well as gather all the necessary documentation. Will you also be able to follow through with the court filings and appearances. You will also need to be patient to deal with the emotions that might come into play once you file a divorce – even if you and your spouse are in complete agreement. Often times, this is where mediation can help you sort through any issues you might have regarding the divorce.

Consider Mediation

If you and your spouse find there are still some issues standing between you and the do-it-yourself divorce, you don’t have to rule it out just because of those issues. You might just need a divorce mediator to bring closure to those issues that are still causing grief. A mediator will be able to work with both sides to help you get to an agreement.

Last Considerations

While a do-it-yourself divorce might be the answer for you, you’ll also want to consider some other things – like consulting an accountant for any potential tax issues, or if there are any unresolved anger or deception that you might need to protect yourself from. You’ll want to be 100 percent positive going into the divorce that you will not need to seek an attorney’s help later on. But have no fear if you do decide that. An attorney can help ease any issues you and your spouse are having.

For advice on divorce, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: Divorce Net, Do-It-Yourself Divorce: Ten Tips, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Divorce

Divorce Family Law

Divorce and Moving Out of State

Post author By Scott
Post date September 8, 2014

After you’ve decided to divorce from your ex-spouse you may decide you want to move states to get a fresh start. Wondering if you can leave the state before filing for divorce? Or if it would be better if you waited for the divorce to be finalized before moving? Here are some answers for you!

Establishing Jurisdiction

Before a state can grant a divorce, it needs to establish jurisdiction over both spouses. Jurisdiction gives the state a right to decide issues between the two spouses. The petition/complaint that is filed when you “file for divorce” attests to the fact that you meet requirements of residency. This agreement gives the state jurisdiction of you. And when you serve your soon to be ex-spouse with a copy of the petition/complaint, the state also gains jurisdiction over him or her. Once this jurisdiction is established you can leave the state – either temporarily or permanently. The exception to this is if you have children.

California Residency Requirement

You must meet a state’s particular residency requirement at the time you file a complaint/petition for divorce. In California a judgment of dissolution of marriage cannot be entered into unless one of the spouses has been a resident of the state for six months, and of the county in which the proceeding is filed for three months, prior to the filing of the petition. For the purpose of dissolution of marriage, the husband and wife may each have a separate domicile or residence, depending upon proof of the fact and not upon legal presumptions.

The exact time period depends on individual state laws; however the time must usually be continuous. So if you are living in a state that has a three-month requirement, you are not able to live there for two months, leave for a month, then return for a month, and then file for divorce. But once you have already filed, stating your requirements of residency, jurisdiction requirements over you are satisfied. That means you don’t have to stay once the paperwork is filed.

Considerations

It’s important to remember that most divorces usually involve court appearances. Some states might also require that mediation has happened in an effort to resolve issues prior to filing. You’ll want to avoid having to return to the state in which you’ve filed to finalize your divorce. So if it’s a fairly straight-forward divorce, you might consider staying in the state until it’s finalized.

For advice on divorce, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: Legal Zoom, Leaving the State After Filing for Divorce, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Divorce, jurisdiction

Divorce Family Law High Net-Worth Divorce

The Hamm Divorce

Post author By Scott
Post date September 2, 2014

May 18, 2012 – Jane Doe files for divorce from John Doe, claiming allegations of cheating. Might seem routine. Except for when the Jane Doe and John Doe were revealed to be Sue Ann Hamm and Harold Hamm, the founder, chairmen, and CEO of the multi-billion oil and gas company Continental Resources, Inc.

Large Amounts of $$$ at Stake

The divorce, being worked out now, with nearly $17 billion at stake, could go down as the most expensive and financially complex divorces in U.S. history. Most of the wealth was accumulated during the couple’s 26 years of marriage.

Sue Ann Hamm is a former lawyer for Continental. Harold Hamm owns two thirds of the company’s stock. If she wins what she is seeking – somewhere between 3 and 6 billion – she would instantly become one of the richest women – in the world.

Already Timely

While most divorce trials last a day or two, this one has already breached its fourth week (of an estimated nine). The case has raised questions regarding information a publicly traded company should be forced to disclose when one of its leaders goes through a divorce. According to legal experts, while the couples personal and professional history play a part in the decision, so does the price of Continental’s stock.

According to financial and legal analysts, a $3 billion award to Sue Ann Hamm would likely mean Harold Hamm would need to sell a large amount of his own company stock to be able to cover the judgment. As a result of this, Harold Hamm would no longer be the largest stock holder in the company.

“You can make a strong argument that because the future control of the company is in jeopardy because of this divorce, it should have been disclosed,” said Toby Galloway, partner at Kelly Hart & Hallman.

No Prenuptial Agreement

While the couple did not sign a prenuptial agreement, under Oklahoma law, Harold Hamm is allowed to keep everything he had during the time of the couple’s marriage. This includes 122 million shares of Continental stock. But according to family law lawyers familiar with Oklahoma law, Sue Hamm has a legal claim to any increases in the value of stock or any other assets if her actions during the past 26 years contributed to those increases.

For advice on divorce, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: Dallas Morning News, Could a CEO’s divorce materially affect a company’s future? September 1, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Divorce, Hamm Divorce, High Net-Worth Divorce

Divorce Family Law

Men’s Height Linked to Divorce?

Post author By Scott
Post date August 29, 2014

A new study might have found a link between a man’s height and divorce. The study took a closer look at how being “tall” or “short” may impact the success of a man’s marriage.

The Study

The study, conducted by sociologists from NYU analyzed data from the Panel Study of Income Dynamics (PSID). Since 1986 this study has recorded information on the same 4,500 families. Researchers analyzed this data from the first year height was recorded (in 1986) through 2011, in order to determine if a man’s height has any impact on relationship dynamics. Researchers also measured differences in income, education, and height between married spouses. An example of this is, in 1986, 92.7 percent of the men studied were taller than their spouses. And in 2009, 92.2 percent of the men studied were taller.

Short, Average, Tall

“Short” was defined in the study as being less than 66” in 1986 and less than 67” in 2009. “Average” or “tall” was defined in the study as being more than 73” in 1986 and more than 74” in 2009. Researchers found striking differences between the relationships of short men and the relationships of tall men.

Short Men

It was discovered that short men were found to marry later on in life and were 32 percent less likely to divorce. This could be because of marrying later on in life due to a decision to marry later, or because they didn’t have any option to marry sooner. They also often chose less educated and younger women as spouses. And after they were married, they were shown to do less of the housework. When compared to their spouse, they earned a much higher income. Researchers hypothesis that because height is typically related to masculinity, short men often rely on other aspects (other than height) to demonstrate manliness.

Tall Men

Tall men, according to the study, marry sooner in life and were more at risk for divorces later on. But it was also shown that tall men married women closer to their age, who were also better-educated. When it comes to the “why?” researchers wrote, “From the perspective of relationship exchange models, this indicates that the tallest men exchange their attractive attribute (height) for better-educated spouses, while short men are unable to do so.”

This data, of course, does not apply to all couples, and as the researchers went on to explain in the paper, “Marriage and divorce have implications for socioeconomic stratification and asset accumulation, our observed effects suggest that men’s height may indirectly affect their economic status and socioeconomic mobility through these demographic processes.”

For advice on divorce, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: The Huffington Post, New Study Reveals Interesting Link Between Men’s Height and Divorce, August 28, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Divorce

Divorce

Alternatives to the Divorce Process

Post author By Scott
Post date August 27, 2014

Negotiation versus Litigation in a Slip and Fall Case

One out of two first marriages in the U.S end in divorce. For second marriages, the rate is two out of three. And nearly three out of four third marriages end in divorce. Divorce can be financially and emotionally devastating to those involved. But fortunately, a more harmonious option based on collaboration has become increasingly popular. It focuses on producing a positive end result that works for both parties.

Collaboration

Collaboration has been a process that has been used to settle grudges amongst street gangs, dueling businesses, and even disputes that occur between nations. Suzy Eckstein, family law attorney and practitioner of collaborative divorce, believes that more clients should be made aware of this option. “Very often, a divorcing client comes to an advisor and asks for help and guidance around this overwhelming process,” she said. “It’s really important that they have an understanding of and information about their choices in the divorce process. And [collaborative divorce] has the potential to create more durable agreements that serve everyone and avoid repeated litigation.”

Multiple Experts

The collaborative process seeks an agreement that according to the International Academy of Collaborative Professionals (IACP) “provides you and your spouse or partner with the support and guidance of your own lawyers without going to court.” In collaboration, the couple utilizes the expertise of multiple experts – financial, mental health, as well as child specialists that work with their attorneys, forming a team in order to resolve differences and disputes.

Collaboration as Good Option

If you decide that collaboration is a good option for you, you will want to work with a trusted attorney that will be able to guide you through the process. Choosing your team will be a vital part of making it through the divorce process.

For advice on divorce, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: ThinkAdvisor, Collaborative Divorce: A Win-Win Dissolution, August 25, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Collaborative Divorce, Divorce

Divorce Family Law

New Study Results for “Divorce and Education”

Post author By Scott
Post date August 26, 2014

Keep a Journal in Your Personal Injury Case

Recent data proves that women with more education than their husbands are not more likely to seek divorce – as previous data had shown.

The Study

A new study published in the American Sociological Review shows that there is no increased chance of divorce in marriages where wives have received more education than their husbands. The study actually showed couples who have attained the same level of education tend to have less of a chance of seeing divorce when compared to other couples.

The Researchers

Researchers Christine R. Schwartz and Hongyun Han felt it was necessary to take a closer look at the National Survey of Family Growth and the Panel Study of Income Dynamics, which really only documented marriages in the 1980’s – when the focus fell on marriages that had formed prior to the advancement of women in the realm of education. Schwartz and Han reexamined data taken of marriages between 1950 and the mid-1980s. They also sought to update the time series to include marriages that had formed through 2004.

Outdated

Their analysis concluded that all the conventional wisdom regarding education and divorce was as thought: outdated. As of the 90s, wives’ with more education no longer contributed to a higher risk of divorce. In fact, spouses married between the years 2000 and 2004 who had the same level of education were actually about 1/3 less likely to divorce when compared to marriages where the husbands had more education than wives.

Adaptation

This study puts to rest any fears associated with marital stability’s relation to steady marriages. “This has big implications for the compositions of people’s marriage markets,” Schwartz said. “And from our study, it looks like people are adapting to those demographic realities.”

For advice on divorce, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: The Huffington Post, Wives With More Education Than Their Husbands Aren’t Doomed To Divorce After All, August 21, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Divorce, divorce rates

Marital Property Division

Overlooked Items During Marital Property Division

Post author By Scott
Post date August 22, 2014

Statistics indicate over 195k people die from malpractice

A spouse who has not been heavily involved in the family’s finances can often times find himself or herself at a disadvantage when it comes to dividing marital property.

Often Overlooked

Understanding your post-divorce financial needs and 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.

For advice on divorce and dividing marital property, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: Forbes, 6 Money Matters Divorcing Spouses Often Overlook, August 19, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Divorce, marital property division

Divorce Family Law High Net-Worth Divorce

Divorce Bigger Issue for Professional Athletes

Post author By Scott
Post date August 18, 2014

When it comes to professional athletes’ personal lives it seems the focus often turns to domestic violence, but it seems the larger issue is how difficult it can be for a professional athlete to make a marriage work. In fact, according to The New York Times and Sports Illustrated, the divorce rate amongst professional athletes is estimated to be between 60 to 80 percent – a marked increase compared to the national average of 50 percent.

Why?

Fame, money, travelling for games, as well as being bombarded by adoring groupies can take a toll on a marriage. New York divorce attorney, Bruce Provda says, “It’s hard to keep a marriage going if you’re a celebrity athlete. There is a great deal of temptation and a ton of money available. It’s a bad combination.”

Examples of Pro Athlete Divorces

There are numerous examples of professional athletes who have dealt with divorce. Some of the most high-profile divorces have been those of Kobe Bryant, Tiger Woods, and Michael Jordan. Kobe Bryant didn’t have a prenuptial agreement for his divorce from ex-spouse Vanessa. He ended up settling for approximately half of his net worth – an estimated $350 million. When Michael Jordan split from ex-spouse Juanita he paid a $168 million settlement. When Tiger Woods and his ex-spouse Elin Nordegren split, Wood had to pay his ex-spouse $100 million.

High Net-Worth Divorces

High net-worth divorces can be difficult to resolve. If you are facing a divorce that involves a division of large amounts of assets, you’ll need to work with an attorney that is well-versed in these types of cases. If you are considering marriage and you and your future spouse have a high net-worth you might want to consider signing a prenuptial agreement. An attorney will also be able to help you negotiate a settlement – it just might save you form a lot of emotionally draining litigation in the future.

For advice on high net-worth divorces, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: Forbes, Divorce, Not Domestic Violence, Is Biggest Issue At Home For Professional Athletes, August 15, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550