Tag: Divorce

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Child Custody Child Visitation Divorce Family Law

Child Visitation During the Holidays

With Thanksgiving tomorrow, and the rest of the holidays just peeking ’round the corner, you might be facing the dilemma that comes with coordinating child visitation during this time of year.

Eliminate the Stress of Holiday Child Visitation Schedules

There’s no reason why coordinating your child visitation schedule should add stress to the holiday season. There are some critical steps that need to be taken to ensure a stress-free custody situation. Before the season kicks off, reflect on which holiday is most important – whether it be Kwanza, Christmas, or Thanksgiving, 4th of July, or Easter. There will have to be some form of give-and-take, but if you can prioritize the holidays for yourself you might find you’re willing to negotiate a little easier. If both you and your co-parent value the same holiday the same amount, you should consider trading off the years. If you live close enough, and it’s not going to cause any drama, you might even want to split the day.

Get the Child Visitation Schedule in Writing Ahead of Time

Like most things with the holidays, managing a child visitation schedule closer to the actual holiday can add to the stress. Your child will also want to know where they are spending which holiday. Putting a plan in place far ahead of time, and putting it in writing will ensure that you aren’t deciding, or negotiating, on child visitation right up until the day before. Keep a record of the schedule, especially if you are trading off years for holidays. Having a plan in writing makes it impossible to forget how the holidays were split up the year prior. That way you can put your energy into actually celebrating the holiday, rather than stressing about who will be where.

Working with a Family Law Attorney

If you’re having trouble working with your co-parent on putting together a child visitation schedule, you might want to consider working with a family law attorney that works with child custody issues. Having a go-between can help ease any tension surrounding negotiations, especially when the negotiations revolve around important family moments like the holiday season.

 

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

Source: Our Family Wizard, Coordinating child custody during holidays, 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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Divorce Family Law

Do You Qualify for a Summary Dissolution?

Bed Bugs: Unwelcome Visitors in College Dorms

If you’re considering divorce, and meet certain qualifications, you might want to consider filing for a summary dissolution.

What is a Summary Dissolution?

Summary dissolution is another way to dissolve your marriage. It is not a legal separation, it is a divorce. It’s quicker and easier than a standard divorce because you are not required to talk to a judge, and you may not need to hire a lawyer (though it might be in your best interest to do so). There are necessary requirements you will need to meet in order to qualify for a summary dissolution.

Qualifying for a Summary Dissolution

To be eligible to file for a summary dissolution you and your spouse must meet ALL of the following requirements:

  • Marriage (from date married to date separated) has been less than 5 years.
  • You have no children together (with born, adopted during the marriage, or expecting).
  • You do not own land or buildings.
  • You do not rent any land or buildings. The exception to this is where you live now – as long as you do not have a 1-year lease or an option to buy.
  • You do not owe more than $6,000 in debt acquired since the date of marriage. These are called “community obligations.” Exceptions are car loans.
  • You must have less than $40,000 worth of property that has been acquired during the marriage. This is called “community property.” Exceptions are cars.
  • You both do not have separate property that is worth more than $40,000. Again, exceptions are cars.
  • You both agree neither spouse will ever get spousal support.
  • You have signed an agreement dividing property (cars and debts).
  • Residency: either you or your spouse will have to have lived in California for the last 6 months. Additionally, you must have lived in the county where you’re filing for summary dissolution for the last 3 months.

Working with a Lawyer

Though a summary dissolution is less complicated than a standard divorce, it still must be done according to family law. Any legal matter can be confusing, therefore it’s important to work with a family law attorney who can ensure all the necessary steps have been taken.

 

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

Source: California Courts, For Married Couples, 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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Divorce Family Law High Net-Worth Divorce

$1 Billion in Divorce Settlement

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In one of the largest divorce judgments ever, Continental Resources Chief Executive Officer Harold Hamm will pay nearly $1 billion to his ex-wife.

$999.5 million Divorce Settlement

Following the nine-week divorce trial, Oklahoma Special Judge Howard Haralson ruled oil magnate Hamm, 68, should pay Sue Ann Hamm, 58, a total of $995.5 million, thus making her one of the 100 wealthiest women in the United States. The two were wed in 1988 and had no prenuptial agreement. Sue Ann Hamm was also an executive at Continental at one point.

Continental

The amount, though large, is smaller than what her lawyers sought. The ruling also will not require Harold to sell any of his shares of Continental. He currently holds 68 percent of Continental’s shares. His stake is currently worth close to $13.9 billion, which has dropped from before the trial began, when his stake was more than $18 billion.

Divorce Settlement

While Judge Haralson’s ruling is subject to appeal, the judge placed a lien on 20 million shares of the company’s stock to secure the judgement. The judge also ordered Hamm to pay his ex-wife about one-third of the funds, which equates to $322.7 million, by the end of the year. The remaining payments, $650 million, in installments of at least $7 million per month. Much of the trial centered on how much of Continental’s growth could be attributed to Harold Hamm’s management decisions, in order to thus provide lawyers with a better understanding of his net worth.

Among the assets that were awarded to Sue Ann Hamm, was the couple’s $17.5 million ranch in Carmel, California, and a home estimated to be worth $4.7 million in Oklahoma City.

 

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

Source: Reuters, Continental Resources CEO ordered to pay $995 million in divorce, November 10, 2014

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Child Custody Child Support Child Visitation Divorce Family Law Marital Property Division Spousal Support

Collins’ Divorce

Negotiation versus Litigation in a Slip and Fall Case

While Stephen Collins’ divorce is scheduled for court on Wednesday, there’s a chance it might not make it to trial.

Ugly Divorce

The actor and his divorce became top news a few months ago when his estranged wife, Faye Grant, taped his confession of molesting young girls decades ago. The two are scheduled to divide their assets after 25 years of marriage.

Divorce attorney Lisa Bloom, has handled some pretty divorce cases herself, but according to her, “This is probably the ugliest case to hit the media.” This is mostly due to the fact that Grant has provided a tape of the couples’ therapy session during which Collins admitted to molesting underage girls.While the audio recording is not admissible as evidence in divorce case, it does turn the spotlight on the case that has been going on for two years.

Determining Division of Assets

While the court will not assign a fault for the divorce, as California is a “no fault” state, the court will look at the martial assets that will need to be divided. “The court wants to find out the pool of assets they’re working with — real property, bank accounts, money coming in from royalties — and generally it’s divided roughly 50-50,” Bloom says. “The court does not want to get into reasons for the divorce; everyone has their reasons, everyone is angry, upset and emotional in divorces.” According to Bloom, “While the tape is not relevant in a California no-fault divorce trial, it may be relevant if the case leads to a settlement, which often happens.”

End of Collins’ Career

Collins has not been charged, but the damage to his career has already been done. He was dropped by his agent and has lost numerous up-coming roles. Grant has said in a recent statement she was not responsible for leaking the audio, and also that the tape has not played a part in the divorce proceedings that have occurred over the past two years. Grant is seeking $13,000 per month in spousal support, as well as half of the couple’s millions in assets which include properties in Brentwood. Collins is hoping to eliminate the spousal support due to the effect the recording has had on his income.

 

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

Source: USA Today, ‘Ugly’ Stephen Collins divorce trial set to begin, November 11, 2014

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Divorce Family Law

Summary Dissolution

A summary dissolution is a quicker and easier way to obtain a divorce without having to go before a judge. You also might not even need a lawyer, thought it is in your best interest to consult one since divorce can be a tricky process.

Requirements for Summary Dissolution

Though a summary dissolution is an easier way to end your marriage, there are some requirements that you must meet. Here they are:

Both you and your spouse:

  • Have been married for less than five years. The five years is counted from the date you were married t the due you separated.
  • Do not share children – either born or adopted before or during the marriage. You are also not expecting a child.
  • Do not own any land or buildings.
  • Do not rent any land or buildings. This excludes where you currently live as long as you have not entered into a 1-year lease with an option to buy.
  • Do not owe more than $6,000 in debts acquired since the date of marriage. This excludes car loans.
  • Have less than $40,000 worth of property that was acquired during the marriage. This does not include cars.
  • Do not have separate property that is worth more than $40,000. This does not include cars.
  • Agree neither spouse will ever receive spousal support.
  • Have signed a written agreement dividing your property. This should include cars and debts.

Residency Requirements for Summary Dissolution

Additionally, there are some residency requirements to qualify for a summary dissolution. Either you or your spouse must have lived within the state of California for the last 6 months and in the county where you are filing your summary dissolution for the last 3 months. If you and your spouse do not meet this residency requirement, you are still able to file for a legal separation, but you will need to go through the regular legal separation process. You can also wait until you meet the residency requirements.

 

Source: California Courts, For Married Couples, 2014

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Divorce Family Law

How to Proceed with Divorce

You’ve done the hard part: made the decision to file for divorce. But what next? There are various ways you can file for divorce, also known as a “dissolution of marriage. Below we outline several ways to approach a divorce. How you proceed will be specific to you and your spouse’s situation.

Several Approaches to Filing Your Divorce

Depending on your situation you will file one of these forms of divorce:

UNCONTESTED DISSOLUTION – Both you and your spouse agree on all issues of property, debts, custody, and support. You are both enter into an agreement to all issues.

CONTESTED DISSOLUTION – Either you or your spouse, or both of you do not agree to issues regarding property, debts, custody, and support. You will be required to go before a judge so that he or she can make judgments regarding these issues as well as ensure all documents of agreement are appropriately prepared and signed off on.

SUMMARY DISSOLUTION – You and your spouse have been married for less than 5 years, have no children, no assets, no debts, and both parties are in agreement about signing the divorce petition.

PUBLICATION OF SUMMONS – When the filing party does not know the whereabouts for the other spouse, and has no way to contact them, it is necessary for the spouse to publish a divorce declaration in a local newspaper for 4 consecutive weeks to be able to proceed with the divorce filing.

Working with A Divorce Attorney

While some of the options are fairly easy to proceed with, chances are you’ll want to work with an attorney, regardless of how “simple” your divorce may seem. There are various forms that will need to be filed out and filed by both you and your spouse. Also, depending on your situation – if you have children, large amounts of assets or debts, or property to divide – divorce can get sticky. In some cases, especially if spouses are having a hard time coming to agreement, you might need a lawyer to defend your case in a court of law.

 

Source: Womansdivorce.com, About Women’s Divorce, 2014

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Divorce Domestic Violence Family Law

Serving Divorce Papers Turns into Assault

It might not be a good idea to bring your new girlfriend when you go to serve divorce papers to your soon to be ex-wife.

Divorce Papers and Assault

Sharona Coach-Barnes faces charges of assault charges after her husband brought his new girlfriend along with him to serve Coach-Barnes divorce papers. According to the affidavit, police allege that Coach-Barnes was so upset by her husband, Derico Barnes’ actions that she pulled a gun on the new girlfriend, Cherrita Evans. According to police, Coach-Barnes also punched Evans and pepper-sprayed her. When Evans and Barnes took off running, Coach-Barnes employed her mother and brother to help her track down Barnes and Evans. Allegedly, that is when she pointed a gun at Evans.

Neighbors Respond

Neighbors weighed in on the incident, and whether or not Barnes should have brought his new girlfriend. “I don’t see anything wrong with it,” one neighbor said. “They’re not together. He’s just letting his woman know there’s nothing to it. There’s nothing to her.” Neighbor, Teisa Foster had a differing opinion. “She should have got beat,” she said, referring to Evans. “Any kind of business that he has with her, he needs to do by himself until they get a proper divorce,” Foster said. “She has no rights in that.” Some neighbors understand just why Coach-Barnes reacted the way she did but still feel there is never an excuse for violence. “She didn’t do anything to her,” one woman said. “She needs to go to jail.”

Charges

Coach-Barnes has been charged with assault and is being held on $30,000 bond.

 

Source: WREG.com, Woman assaults husband’s girlfriend when served with divorce papers, November 3, 2014

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Divorce

Divorce: Who Files First? Men or Women?

When it comes to divorce, which gender usually files first? And why? In this article, we’ll look into why it seems women file for divorce more often than men do.

Women and Divorce

Women being first to file for divorce seems to be related to not only socio-economic trends, but also changes in divorce law as well as some basic gender differences. Here are some top reasons for why women turn to divorce sooner than their male spouses.

Socio-economic Trends

As we move forward in time, and increasing steadily since WWII, women are more educated and more career-oriented, than in previous times. Because of this, women are more able to stand on their own two feet when it comes to financial issues. No longer are they dependent on male spouses to “bring home the bacon” and support the household. While this may not be the reason for divorce, this is often the fact that empowers women to feel “unstuck” if they do seek divorce.  Additionally, the stigma surrounding divorce has decreased.

Divorce Law

“No-fault” divorces now allow for both spouses to move away from the marriage without being accused of wrong-doing. Divorce is no longer a life-sentence – in fact, in a lot of ways it’s a chance for people to be “re-born” into a more fruitful life situation.

Gender roles

Men often fall into the “complacent” category – meaning that often a greater life change awaits them when a marriage ends. While a majority of households now share tasks such as grocery shopping, meal-naking, and childen-raising, it’s not so long ago that men didn’t need to worry about these tasks. But also, because there is a stigma that men do not get awarded custody of children, there’s a fear amongst men that if they leave, they will lose their ability to have a connection with their children. Luckily, shared custody agreements are changing this tradition of thought. Additionally, another reason why women might file more often than their male counterparts comes down to emotions. Often hitting that “enough is enough” mark is reason alone for women to file papers.

 

Source: Divorced Moms, 6 Reasons Women File for Divorce More Often Than Men, March 4, 2014

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 Marital Property Division

Mortgage After Divorce

Moving on after divorce can be difficult. The process can be made even more difficult if you have no place to live because you sold your house as part of the settlement.

House-hunting as a Single Person

Finding a new home can be rough for a lot of reasons both emotional and financial. Going from a two-person income to a single income can be tough, especially if you’re paying alimony. Here’s a few tips to help in your single-person house hunt.

Tips for Post Divorce House-hunting

  1. Don’t buy a house during the divorce proceedings.
  2. Wondering where to live during the divorce? Some couples grin and bear it, and remain in the house before it’s sold. If there are kids involved, parents often choose to “nest,” meaning one parent stays in the house one week and then lives in a place they have rented the next week. This way kids can remain in a familiar place, without parents having to duke it out with each other.
  3. Don’t rush into buying a new house.
  4. Consider professional help when weighing out if you can afford another house. A financial advisor will be able to look at your specific case and weigh in on if it’s a sound financial decision.

Divorce Attorney

Facing life after divorce can be difficult, especially if the divorce proceedings are litigious and draining. Working with a skilled attorney can help ease the process and get you back on solid footing. Consider hiring an attorney that is experienced in all aspects of divorce, including alimony, marital property division, and child support.

 

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

Source: US News, How to Get a Mortgage After a Divorce, October 29, 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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