Tag: Divorce

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Divorce, legal separation, separation

Divorce

Kardashian-Odom Divorce Proving Difficult

Post author By Scott
Post date October 24, 2014

Khloe Kardashian’s divorce from Lamar Odom is proving to be more difficult than expected.

Waiting for Response to Divorce Filing

While it’s typical for the Kardashians to get what they want, that’s proving to be difficult in this case. The reality TV, 30, filed for divorce from the former NBA player, 24, ten months ago, and is ready to move forward with her life. But Odom has yet to file a response. And unfortunately, he hasn’t been seen or heard from in a few weeks. “He needs to sign papers and he won’t,” says a source close to the Kardashians. “He disappears here and there, and she can’t find him. She just wants to move on.”

Filed Divorce Papers

Once a initial Petition for Dissolution is filed, the respondent has 30 days in which to file his or her Response. Since Odom has not filed a response, Kardashian must now decide whether to file a Request to Enter a Default, or a Request for Dismissal.

A Request to Enter a Default can be used when a respondent fails to respond within the 30 days, or if the respondent cannot be located. Once a respondent is found to be in default, he or she is then precluded from participating in the divorce action. If there’s a good reason for not responding, a respondent can file a motion to set aside the “default” status.

A Request For Dismissal is filed when both parties decide to cancel a divorce filing.

After Being Granted a Default

If granted the request to Default, Kardashian will be able to move forward with divorce proceedings, without Odom’s participation. According to a divorce attorney, “as long as there are no properties or children between the two parties, one person can’t stop the other from getting the divorce just by not showing up.”

In the initial divorce filing, Kardashian did not request to be rewarded with spousal support from Odom, but she did ask for termination of the court’s ability to grant spousal support to be paid to Odom. She also requested that they each pay their own separate attorney fees.

Kardasian filed for divorce following years of alleged drug abuse and infidelity by Odom.

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

Source: People, Lamar Odom Won’t Sign Divorce Papers, Kardashians Haven’t Heard from Him in Weeks

, October 23, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Divorce, Divorce filing, divorce proceedings, Request for Dismissal, Request to Enter a Default, Spousal Support

Divorce Family Law

California: The Place to be for Same-Sex Divorce

Post author By Scott
Post date October 16, 2014

If you’re in a same-sex marriage and want a divorce, you might find yourself with a bit of an issue. There are two questions you’ll need to answer: will the state that granted your marriage actually recognize your divorce? And will the state you currently reside in grant you a divorce if it does not recognize same-sex marriage?

California: Your Answer

If you find yourself in a state that will not grant you a divorce, you might want to consider divorcing in California. California divorce laws require a 6 month residency for divorce – regardless of the spouses’ sex. But California also will permit same-sex couples who are not residents of California to also get divorced here under special circumstances – namely if the couple were married in California and the state they live in will not dissolve their marriage.

Couples in Limbo

Unfortunately, a lot of same-sex couples are left in limbo when they seek divorce as a lot of states still do not recognize same-sex marriages, and thus do not grant same sex divorces. And just like with any other marriage heading towards divorce, remaining married is not a wise decision. All rights and responsibilities remain intact until legal divorce proceedings are initiated.

How and Where to File

If you and your spouse were married in California and the state you live in will not dissolved your marriage, you should file in the California county where you were married. You might also want to consider hiring an attorney who is experienced in same-sex divorces. Since the laws are fairly new, you’ll want someone who has had experience and knows how to get you the best settlement possible. Even if you do not need to go to court, you might want to consider an attorney – they’ll be able to advise you on the correct forms and process steps that are required for legally dissolving your same-sex marriage.

Source: Lawyers.com, Same-Sex Divorce For Out of State Residents, October 3, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Divorce, divorce laws, new divorce laws, same-sex divorce

Divorce

The Catholic Church Might be Reconsidering Divorce

Post author By Scott
Post date October 13, 2014

A new document released by the Vatican seems to be calling for the church to change its current stance on divorce, gay people, and unmarried couples, as well as the children of these less “traditional” families.

12-Page Preliminary Report

While the preliminary 12-page report, written by a committee of those hand-picked by the pope, will not alter Roman Catholic doctrine or teaching, it does mark a change towards understanding and mercy, and one that falls in line with Pope Francis’ papacy. The report will now be subject to debate and revision at the assembly of 200 Catholic bishops, also called the synod.

The report goes on to say that without abandoning current church teachings regarding the sacrament of marriage, pastor should recognize there are “positive aspects of civil unions and cohabitation.” That marks a large departure from traditional Catholic feelings that such couples “live in sin.”

Responses and Objections

The reading of the document was followed by responses and objections from 41 of the gathered bishops, those who seem to be in alignment with Francis’ vision, and those whole feel the church is running the risk of betraying traditional doctrines regarding marriage and homosexuality.

The synod’s special secretary, Archbishop Bruno Forte said that though the church doesn’t condone gay unions or gay marriage, it must “respect the dignity of every person.” He continued, “The fundamental idea is the centrality of the person independently of sexual orientation.”

Next Steps

The report will next be subject to scrutinization of the bishops in attendance. A final report will then be released to churches around the world for discussion over the next year. A second synod will then be held in Rome next October. Regardless of the consultation and debate, Pope Francis will still ultimately set the course.

According to Cardinal Luis Antonio G. Tagle of Manila the report is a marker by which bishops can “see what needs to be deepened, what needs to be clarified, and what other things should be raised, which we have not yet raised.”

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

Source: The New York Times, Vatican Signals More Tolerance Toward Gays and Divorce, October 13, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Divorce

Divorce Family Law High Net-Worth Divorce Marital Property Division Mediation

Tips for Dividing Art During Divorce

Post author By Scott
Post date September 22, 2014

During divorce, one of the biggest arguments that can be had is over the artwork. Because of this, if you’re an art lover on the verge of filing for divorce, you might want to take some time to acquaint yourself with some legal and tax basics.

As Rough as Child Custody

“I’d put it in the same category as child-custody battles,” says Suzanne Landers, a family law attorney. She says that emotional attachments to are can often outweigh any financial considerations. In a lot of divorces, the decisions made regarding who gets what painting or sculpture can take longer than divvying up houses, cars, or even money.

Create an Inventory

According to Raoul Felder, a divorce attorney in New York City, divorcing couples need to first create a developed list that details all of the art that was bough during the marriage, and also prior to the marriage. Additionally, a list of the art sold price of the sale; and art that hasn’t been sold should be made. The art that has been obtained prior to the marriage, or (depending on jurisdiction) after the couple has legally separated or filed for divorce is not considered to be marital property, and is considered to belong to the spouse that purchased it. Another thing to remember is that if a spouse agreed to buy a piece prior to the marriage, and that piece arrives after the wedding, it is also excluded from the list of marital assets. It’s best disclose all relevant documents and pieces of art. As family and art law practitioner, Valerie L. Patten, warns, if fraud is determined, “half or even 100% of any undisclosed and unallocated assets may be awarded to the other spouse.”

Bring in an Appraiser

“The love of art grows exponentially after the appraiser’s report comes in,” especially when the items grow in value, says lawyer Ike Vanden Eykel. A couple can either decide on one appraiser, or can each hire their own. It’s important to remember that appraisers can determine different amounts, and those amounts can be far apart. The couple should either agree to split the difference if there are widely conflicting appraisals, or decide to take the differences into account when negations are made. You can then take other assets as parts of the bargaining process – such as the house, vacation home, or car. As Mr. Vanden Eykel says, “You don’t want to leave things up to a judge to decide, because the court will only order that everything be sold.”

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

Source: The Wall Street Journal, Tips for Dividing Art in a Divorce or Death, September 21, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags division of assets, Divorce, Family Law

Child Custody Divorce Family Law

Sherri Shepherd Divorce and Child Custody

Post author By Scott
Post date September 17, 2014

While Sherri Shepherd and soon-to-be ex-husband, Lamar Sally filed for divorce months ago, Shepherd is now just opening up about that divorce and the baby they had via surrogate.

Sally

Sally has said the two are in the process of negotiating responsibility for the newborn, while Shepherd contends they were “in court.” Sally has been more open about the divorce and court cases. He says that Shepherd has yet to meet the baby, and that he has also asked her to put her name on the baby’s birth certificate. The child has been named “L.J.” for Lamar Jr.. “I think it’s the worst thing in the world for L.J. to look at his birth certificate at 16 and see it says, ‘Mother unknown,'” he explained.

Shepherd Mum’s the Word

Meanwhile Shepherd has said little. “We don’t talk but I’m on my knees praying a lot for him,” she said about her ex. “I have a lot of lawyers… and it’s very public and it’s very painful. For me, I’m not Tori [Spelling] and Dean [McDermott]: I’m not paid to talk about my life.” In addition to this divorce, Shepherd has also recently gone to court with her first husband, over the custody of their 9-year-old son, Jeffrey. Shepherd won her case for retaining custody of him.”Anybody who knows me knows that I live for my son,” she gushed. “He is everything to me. That’s my baby.”

Lawyer

Tackling divorce and child custody issues can be a very difficult process. There are many different ways to build your case. A family law attorney will be able to walk you through the process if you are facing either.

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

Source: ABC News, Inside Sherri Shepherd’s Divorce and Custody Drama, September 17, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, Divorce

Divorce

Orange is the New Black Writer Files for Divorce

Post author By Scott
Post date September 16, 2014

Lauren Morelli, a writer on the hit women’s prison show, “Orange Is the New Black” has reportedly filed for divorce. The two were together for six years.

Ex Husband

Morelli’s soon to be ex-husband, Steve Basilone is also a TV writer. The two were married just months prior to when Morelli joined the show’s writing staff. According to court documents the jointly filed divorce is stated to be an amicable split. Morelli has publicly referred to her soon to be ex as “the person I loved most in the world.”

Sexuality

While the divorce filing is new, Morelli’s much talked about sexuality is not new to the public. Morelli went public regarding her sexuality in an essay for Identities.mic. It was written six months after her and Basilone decided to end their marriage.

Only five months after getting married, the writer went to New York with “OITNB” to realize she was not straight. In the first season of OITNB, the lead character, Piper, re-ignites a fling with former lesbian lover Alex once they are thrown in jail together. Her feelings for Alex obviously cause a strain on her relationship with fiancé Larry. According to Morelli, working day in and out on those characters and story lines in the writer room, paved the way for her realization. “In Piper and Alex, I’d found a mouthpiece for my own desires and a glimmer of what my future could look like,” she wrote.

“Shamelessly Borrowed”

She also went on to say she “shamelessly borrowed” lines from her own life, putting them in Piper and Larry’s mouths as their heterosexual relationship crumbled. “I went through it all on set: I fell in love with a woman, and I watched my life play out on screen,” Morelli said.

She and actress on the show, Samira Wiley have been dating since at least the beginning of this year. But the situation is still a little rough. “Some days you feel on top of the world, like nothing can stop you,” Basilone tweeted. “And others you’re on TMZ.”

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

Source: The Los Angeles Times, Samira Wiley’s ‘OITNB’ writer girlfriend files for divorce from husband, September 15, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Divorce

Divorce Family Law

Steps for Summary Dissolution

Post author By Scott
Post date September 15, 2014

After you have verified that you meet all the requirements for a Summary Dissolution (a form of ending your marriage), these are the steps you must take to get that Summary Dissolution taken care of.

Paperwork

You must first file two documents with the County Clerk in the county where you are filing: a Joint Petition for Summary Dissolution and a Property Settlement Agreement document. After a mandatory six-month waiting period, either party is able to file a Request for Final Judgment. This completes the process and finalizes the divorce. If a party wants to stop the process they must file a Notice of Revocation of Petition for Summary Dissolution before the six months have passed, or before the Final Judgment request is filed. If neither the Request for Final Judgment nor the Revocation of Petition are filed for, the court may dismiss the action in order to clear its records.

No Need for Court

With a summary dissolution there is no need for spouses to appear in court. A lawyer is also not needed, though it is advised that you consult a lawyer prior to beginning the process. It makes sense that both parties must both agree to entering into this form of judgement – because there is no trial or hearing, you also cannot appeal the decision in a higher court. Thus, challenging the dissolution can be a timely and expensive process.

Alien

If an alien who has gone through the process of becomming a permanent resident by marrying a U.S. citizen or permanent resident obtains a summary dissolution within two years of marriage there is a risk of deportation.

Community and Separate Property Paperwork

There are worksheets available for the couple to fill out in order to determine the value of separate and community property, as well as community obligations. These worksheets must be filed with all other previously mentioned forms. The Property Settlement Agreement must outline the division of community property and obligations. It also must include a Waiver of Spousal Support (this means that no alimony from either party will be paid). Both spouses must sign and date the agreement.

Filing Process

Once all forms are completed, they must be filed with the County Clerk in triplicate. You must also pay a fee. A case number is then assigned and two of the copies are returned – so each party has a copy. After the six-month waiting period, if the parties are in complete agreement to go through with it, one of the spouses must fill out the Request for Final Judgement (again in triplicate), file the form and pay a small fee. One copy is kept for the clerk for official records. The other two copies are mailed to each party. The day the forms are mailed indicates the date the marriage is ended, that the Property Settlement Agreement is binding, the parties have no obligations to each other (except for the binding agreements), and the parties are legally free to re-marry.

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

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Divorce, summary dissolution

Divorce Family Law Mediation

Fear Divorce? Mediation Might Be Best

Post author By Scott
Post date September 12, 2014

With divorce comes the fear of the situation getting out of control. Divorce is stressful for all parties involved, and has the potential to bring out the worst in people. If you fear a stressful divorce, you might want to consider another option: divorce mediation.

Mediation

Mediation allows for a negotiation process in which everyone involved puts together an equal outcome that feels fair to both parties. Mediation can also be a quicker process because both sides are working together t reach a mutual final agreement. Mediation has become a popular option in the U.S. over the years, and has helped to settle 50-80% of divorce cases. Mediation allows each spouse to have a full say in the outcome of their divorce. Working through the dissolution of a marriage with a mediator, allows couples to be less defensive and more informed. Mediators are also there to offer advice or simple solutions that the couple may not have considered.

Consider Mediation

Mediation is a great option. It usually takes half the amount of time a divorce does, and couples, on average, spend at least 50% because of the decrease in the amount of time. This is because you aren’t paying for a lawyer’s time for a traditional court proceeding.

Why It Doesn’t Work for Everyone

Because mediation is focused on coming to an agreement, it doesn’t always work. If a spouse and his or her ex cannot come to an agreement on anything, then this probably won’t be the best option. A traditional court process might be the best for that situation. But mediation presents a positive environment for couples can go without feeling the need of getting combative.

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

Source: Digital Journal, Family Law in Denver Addresses Mediation Spike in the United States, September 14, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550