Family Law Blog

Things to Consider As You Start the Divorce Process

Thursday, October 20, 2016

Getting divorced can cause a lot of anxiety, due to a number of reasons. How will your property be divided? What happens when you are paying, or want someone to pay, child support out-of-state? Should seemingly insignificant things like the court date be thought about ahead of time? These are all important questions, each deserving your full attention and the sustained support of your legal counsel.

Property Disbursement

Property disbursement law in divorce cases is a complex issue. However, common sense rules still apply. For instance, property acquired before the marriage is typically sacrosanct from legal division. While this seems simple in principle, you might find you suffer from a lack of receipts or other proof that small-time items are, indeed, yours.

Child Support

Federal law requires each state to have an implemented child support system, but being the non-custodial parent out-of-state doesn't exempt that person from paying child support. Interstate legal proceedings involving child support are especially complicated. Each state has their own legal structure that determines who pays what to whose child and that state-specific legal structure has to interact with federal law which governs the whole thing.

Does timing matter?

The Huffington Post suggests that you think wisely about when you'll file for divorce. Your choice of date can determine how much of your 401k goes to your spouse. Also, filing for divorce before you have separated for a year could cause you to have to endure legal proceedings for a second time.

If you need help with any of these issues, please do not hesitate to contact us.

An Experienced Divorce Attorney Advises Against Using DIY Divorce Kits

Thursday, July 14, 2016

Your marriage is ending and you're getting ready for a divorce. You think everything will be cut and dry. After all, you and your spouse agree to everything: the division of assets, the amount of child support and visitation, and who will keep the marital home. As such, you've decided to proceed with a do-it-yourself divorce kit.

Before you move forward, however, you may want to consider retaining a divorce attorney. Even if the divorce is amicable, it's best to ensure that everything you do is in compliance with the law.

Uncontested Divorces Are Not Always Easy

Even though you're going the uncontested route, you must still consider alimony. All marital property needs to be properly divided, and there's more than just child support and custody surrounding the kids. You'll have to consider insurance, tax exemptions, and tax deductions. Agreements need to be drafted, executed and filed with the court. Unless you or your spouse are very familiar with court procedure, the DIY kits won't explain this to you.

No One To Advise You

DIY kits may provide FAQ's on their website, there's no one to talk to in the event you run into a problem. You will have questions, which will leave you to using Google as your "attorney". Keep in mind that laws change all the time, so even if you find an authoritative source online, you won't know for sure if the information is accurate and up-to-date.

Hire an experienced family law attorney to handle your divorce. If the divorce is uncontested, the attorneys fees won't run as high as they would if you were to take the case to trial. For more information, contact us today.

3 Tips to Help You Get Through Your Divorce Case

Thursday, January 28, 2016

Going through a divorce can be painful. Your emotions are all over the place in an attempt to try to figure it all out. While divorce cases aren't exactly the most exciting cases to be involved with, that doesn't mean you can't come out ahead in them. You deserve to be treated fairly in your case. With an attorney working on your side, you can do just that. Here are a few tips to help you win your divorce case and walk away with the whole mess behind you.

Don't give in to the negativity.

Refrain from letting all of the negative voices in your head get to you. You have to realize that they are simply trying to make your future bleak and ruin everything you worked so hard for. You have the power to control your destiny and rise above the madness. Choose to put the negativity aside and start thinking positively.

Figure out what it is that you want.

Oftentimes, people go into a divorce case simply trying to get it done and over with. They can't think about anything else but how to move on. Unfortunately, that could end up costing you in the long run. You need to stop and take the time to think about what it is that you want to accomplish in the process. There is a lot to gain in the process, but there is also a lot to lose. You have to have an idea of what it is that you want to achieve during the process if you are going to come out ahead. Otherwise, you will end up losing out on a lot during the whole proceeding.

Hold true to your values.

Divorce proceedings can leave you lost and hopeless. These feelings can be quite common. One minute you might feel fine and the next you might feel lost and alone. The one thing you need to remember is that you don't want to sway from who you are and what you believe in. The last thing you want is to feel guilty about the way things ended. Don't play dirty or get ugly. It's far better to come out of the case with your pride and dignity intact than it is for you to attack the other party.

Contact us to find out how you can walk away from the mess without all the stress and hassle.

Does it Matter Who Files for Divorce First in California?

Friday, November 20, 2015

There are very few situations where rushing to file for divorce is advantageous. Unless there is an urgent need to file immediately, such as physical abuse or the need to protect children and assets, the decision to divorce should be a well thought out and calculated plan. Generally, there is little to gain from rushing to file, however it may be beneficial at times.

First, filing first will determine the jurisdiction and venue that the divorce case is heard in. This is especially important if you and your spouse live in different counties, states, or even countries. The jurisdiction of the court allows your case to move forward. If you live in Orange County, but your estranged spouse files for divorce in Sonoma County first, the divorce proceedings will take place in Sonoma. This creates the need to find a local attorney in Sonoma County and to travel across the state for all court appearances. 

If you believe your children are in danger physically or your spouse may abduct them, you should always file for divorce immediately. Family courts have the power to issue immediate orders concerning the children. Choose a lawyer that will aggressively address your concerns. Not doing so can result in you being forced to file in another jurisdiction in an attempt to recover the children. It can also hurt your case later if the court questions why you did not take action if you truly believed the children were in danger.  

For more information on divorce proceedings, contact us today. Our experienced attorneys are ready to assist and will fight to protect you and your children. 

How to Tell If Your Partner Is Cheating

Tuesday, March 24, 2015

The unfortunate fact is that close to 50% of American marriages will end in divorce. Many of those marriages will end because of infidelity on the part of one of the spouses.

By the time your partner is deep enough into a relationship to consider divorcing you, he would have begun showing signs of his infidelity. The following signs should set your alarm bells going off.

Your spouse begins to hide credit card statements and other expenses from you. There is no need to do that unless he has begun charging expenses to his credit card that you will find suspicious, like expensive gifts for his new girlfriend.

He has begun to suddenly get interested in how he looks. New haircut and wardrobe? Chances are, he's doing it to impress someone.

He is more focused on how much you are spending. If he wants you to report how much you are spending or wants account statements from you, then chances are that he thinking of leaving. In many divorces, at least one person is blindsided. The other person has been slowly laying the groundwork for divorce well in advance by preparing the financial documentation and paperwork. That is likely what your spouse is doing, when he asks you for an accounting of your expenses.

He is suddenly spending a lot of time at his office either on overtime, or meeting with clients. This may not necessarily prove that he is cheating. After all, people now work a lot more than they used to, especially since the recession hit, and job insecurity crept in. However, if you see this in combination with the other factors mentioned above, you may want to begin asking some questions.

Why It's Better to Get Divorced Than Stay in a Bad Marriage

Monday, March 16, 2015

Sometimes, parents delay or postpone divorce, because they don’t want the negative impact of the divorce on their children. While there's no denying that divorce does have some impact on children, the impact may be more negative, if the parents continue to stay together in a hostile marriage.

You may believe that you're doing what’s best for your children by staying together with your spouse even though you're not in love with him or her anymore. However, you may want to take a hard look at your marriage, and see whether your behavior with your spouse and continuous exposure to it, is affecting your children in the long run.

There are certain advantages to a divorce that can actually mitigate any negative fallout from the divorce. For instance, when parents cooperate with each other, they can work to minimize the negative impact of divorce. There is a transition period that is traumatic for the child. However, things do tend to settle down after a few months, and a child benefits from having parents who are separated from each other, but are still respectful to each other.

Sure, children will have two separate homes when they are in a divorced family as opposed to an intact family, but there is no constant arguing, yelling or screaming in those homes.

Many people, who get a divorce, believe that it was the best decision for them. If you're constantly stressed, depressed, or traumatized over your marriage, consider what kind of effect that is having on the kids.

Making the decision to divorce is never an easy one. For advice on protecting your interests and the interests of the children in your divorce, speak to a San Jose divorce lawyer.

The Answers to These Two Questions can Predict Divorce Risks

Wednesday, January 28, 2015

In an interesting study, researchers at the University Of Virginia focused on how couples answer two different questions about their happiness after divorce. The first question asked each individual person how happy they believed they would be if they were to separate or divorce, while in the next question they were asked how happy they believed that their partner would be in the event of a separation or divorce.

How the individuals answered these questions and the differences in the perception of each other’s happiness, proved to be significant predictors of their divorce risks.

The individuals were asked to rate on a scale of 1 to 5 their potential happiness after divorce, as well as their partner's potential happiness after divorce. The researchers found that over six years, 7% of the couples ended up getting divorced. Couples, in which both the spouses admitted that they would be worse off if they were divorced or separated, had a lower divorce rate than the study's average. The divorce rate in the study was 4.8%. Couples who admitted that they would be happier if they got divorced were much more likely to end up getting divorced over the course of the study.

However, when it came to the questions about their partners’ happiness, the results got more interesting. Couples, who incorrectly perceived that their partner would be less happy in the event of a divorce were found to be actually more likely to get divorced. The spouses who had extremely incorrect perceptions about their partner’s reaction to the divorce ended up having a much higher divorce risk. The divorce rate for such couples was approximately 12%, much higher than the average for the study.

That seems to conclude that incorrect perceptions of your partner’s happiness in your marriage are a fairly reliable indicator of your divorce risk.

Speak to a Los Angeles divorce lawyer about securing your rights and interests during a divorce.

How to Cope with Divorce Anger

Tuesday, November 18, 2014

Divorce anger is what people who find it difficult to let go of their anger at their ex-spouse over their divorce, experience. That anger can continue to fester in a person's heart for years after the divorce. That kind of anger and resentment towards an ex-spouse is unhealthy, not only for the person, but also the children involved.

If you're currently dealing with a spouse who continues to be bitter or resentful against you because of the divorce, here's how you can handle it responsibly.

First of all, acknowledge that this is your ex-spouse’s issue, not yours. You are not the ones with the problem.

Understand that this is not something that you can control, and therefore, know that you shouldn't let it bother you.

Also understand that your children are watching whatever happens between the two of you, and can easily gauge the resentment by the other parent. Don’t worsen things by stooping to your ex’s level. Remember, your children also will remember how you spoke to their other parent.

Try not to let the anger affect you, and stop hoping that things are going to change.

Prioritize your children, and continue to be polite to your ex because it is what your children need. Stop focusing so much on the other person's anger.

Once you stop thinking so much about how to deal with your ex’s bitterness towards you, you will find that it is not a priority in your life anymore. Ultimately, you aren't responsible for your ex-spouse’s happiness, and are not responsible for his psychological well-being. If he or she can't deal with the divorce, you don't need to make it your problem.

Are Divorce Rates Declining?

Monday, November 10, 2014

For decades now, Americans have been told that as many as 50% of American couples end up in divorce court. However, those statistics may not be entirely accurate.

According to a new article in the New York Times, the divorce rate isn't rising, and in fact, has actually been declining since the 1980s. Many social scientists and demographers now agree that the divorce rate in the United States far from increasing, is actually dropping, or somewhat stable. In fact, they deny that the 50% divorce rate is true, and say that young couples in America today are much less likely to get divorced, compared to their parents’ generation.

Why then is there so much focus on the 50% divorce rate in this country? It could be that when divorce rates increase, it tends to fit in with society’s sense of moral outrage. Declining divorce rates, you may notice, do not elicit much response.

In fact, all the evidence seems to prove the divorce rate actually fell after 2005 and has been down ever through the recession. However, that decline is not significant, and the divorce rate has remained more or less stable since 2005.

Those are still optimistic statistics. Further statistics reported in the New York Times suggest that approximately 70% of the marriages that began in the 1990s recently celebrated their 15th anniversary. Couples who married in the 2000s are filing for divorce at lower rates than couples who got married in the 70s and 80s. The feminist movement of the 1970s far from triggering a massive increase in divorce rates has actually helped make marriage more stable with more women working. In a two-income household, marriage is based on shared housekeeping, and shared responsibilities. Additionally, the fact that people are marrying much later has made for much more mature people in marriages.