Family Law Blog

How an Attorney Can Help You Receive the Best Spousal Support Payment Possible

Sunday, April 29, 2018

Going through a divorce can be a very challenging situation.  For those that are going through a divorce and have been dependent on the income of their spouse, receiving a fair spousal support settlement is extremely important.  For those that are going through a divorce, hiring an attorney to ensure they receive proper representation is very important.  A divorce attorney can provide a range of services.  

Consultation

When you hire a divorce attorney to represent you, the first thing that they will be able to provide you with is a consultation on your situation.  The attorney will be able to review all aspects of your divorce and personal financial situation.  This will include reviewing sources of income for both parties, current assets, and expenses.  The attorney will then be able to explain what you are entitled to and what the forthcoming legal process will look like.

Negotiations

Since a divorce is a very challenging situation, avoiding going to trial is always a very good option. In most cases, the attorney will be able to handle all of the alimony and other spousal support discussions outside of the courtroom.  Your attorney will not only focus on ensuring you receive a fair spousal support payment for a period of time, but also receive long-term coverage including a share of retirement benefits. 

Litigation

If necessary, the attorney will also be able to provide assistance in the courtroom.  This can include building the case, presenting it in front of the judge and jury, and handling any deliberations.  This will ensure that you are prepared for the case and receive the best judgment possible. 

If you are going through a divorce, you should contact us to learn more about the services that we can provide to you.  Beyond making sure that you receive the right alimony settlement, we can also assist with the division of assets, child custody, and other challenges that come with divorce.  


What Happens If I Remarry Before My Divorce is Final?

Friday, April 27, 2018

In most divorce cases, remarriage isn't exactly a problem. Your divorce lawyer will advise you against even dating until the ink is dry on your final divorce papers. So in these cases, remarriage probably won't be an issue since it is likely you don't have a lot of prospects lined up. However, if you were married and your spouse disappeared, will you be forced to be married to them forever if you can't find them?

Some might feel that a marriage doesn't exist if they have not seen their spouse for years and might decide to marry again. However, if they do turn up, this will be classified as bigamy. In California, this is punishable with up to a year in jail and a $10,000 fine. Obviously, that is something that you don't wish to suffer through.

Various circumstances can result in you entering a bigamous relationship, so what do you do then? In these cases, the most common defense is the claim that you haven't seen your first spouse for at least five years and believed they were dead. However, if your spouse does turn up, the best defense for bigamy is to quickly have your second marriage annulled so there is no longer an issue. Of course, you then have to go through a divorce with your first spouse and remarriage to your second if you so choose.

Bigamy is typically a very rare circumstance, but it is not completely uncommon. If your spouse runs off on you and you have no way to serve them with divorce papers, it can be frustrating. However, you may still have options. If you are charged with bigamy or need help divorcing a spouse you cannot find, contact us today so the Law Office of Jamra & Jamra can talk over your options.

In California, Divorce Can Be Nobody’s Fault

Thursday, April 26, 2018

If you are contemplating a divorce, you may have many reasons for wanting to dissolve your marriage. If you live in California, however, you don't need to sit down and make a laundry list of all the things your spouse did that caused the divorce. There is no need to assign any blame or prove any wrongdoing on the part of your spouse.

The state of California is a "no-fault" divorce state. This means that couples who wish to divorce do not need to show evidence of misbehavior or transgression as the grounds -- the legal reason -- for the divorce. Fault is not a factor. In the majority of divorce cases in California, couples state irreconcilable differences as the grounds for the divorce. What this means is that you and your spouse can state that your marriage is beyond repair and, for that reason, you want to terminate the marriage. The other grounds for divorce in California is incurable insanity.

Each state has its own laws regarding divorce. In California, no divorce can be finalized until six months after the filing. If there is reason to believe that you and your spouse may reconcile, the judge in your case may stop the divorce proceedings for a period of up to thirty days.

While fault is not a factor in terms of the grounds for divorce in California, it can be a consideration for other aspects of a divorce settlement. The California courts can consider fault when making determinations regarding property division or awarding alimony.

Divorce can be complicated. If you have questions regarding the grounds for divorce, or any other aspect of the divorce process, contact us today. The experienced divorce lawyers at Jamra & Jamra work with you every step of the way to ensure the best possible outcome in your situation.


Will I Lose Military Benefits After Divorce?

Thursday, April 05, 2018

If your spouse is in the military and you are considering a divorce, the potential loss of military benefits shouldn't sway your decision. However, because couples often depend on these benefits, it is worthwhile to know what you will lose and what you will keep.

Military Benefits For You and Your Children

If you have dependent children from your marriage, they will still receive military benefits from your ex-spouse. Your children will be able to receive TRICARE health coverage until they are 22 or until they marry.

However, while it doesn't matter how long you were married for children to keep their benefits, it does for you. As an ex-military spouse, you need to consider the 20/20/20 rule when it comes to whether or not you will receive benefits after divorce. This includes:

  • You were married 20 years
  • Your ex-spouse served for 20 years
  • You were married for 20 years of that military service
  • You are not remarried
  • You don't have a health plan through an employer

If all of the above are true, then you can still collect military benefits after a divorce. Under the 20/20/20 rule, you will be allowed full coverage until you are 62 years old or otherwise eligible for Medicare. However, even if you do not fully meet the 20/20/20 rule, such as you were only married for part of their service, you will still receive some limited benefits after divorce.

Are you going through a divorce with a spouse that was in a branch of military service, past or present? Contact us today to see what we can do for you. Military service doesn't so much change the divorce process, but it can affect what benefits you receive after the divorce. The Law Office of Jamra & Jamra can help you sort out how you will take care of yourself and your family after the divorce is final.