Family Law Blog

A Beverly Hills Divorce Lawyer Discusses Games Divorced Couples Play

Saturday, September 07, 2019

man and woman sitting on couch

After a couple is divorced, each person begins to settle into their new life, single and unattached. Some couples have difficulty with this new way of living, and even though they are legally free and unencumbered, they continue to banter back and forth for a period of time. This is out of fear of that long forgotten way of life of living single again. 

Without a doubt, this change is not comfortable at first, and sometimes it is easier to try and hold onto that more familiar life, of having someone else around. Before your new life can get a firm foundation and, fully begin, divorced couples will play games with each other for a while until each finally accepts the break-up and moves forward. That is when the game playing usually ends.

Here are three games to look out for and to avoid if possible. 

Look at Me Now

 This game is usually played when one becomes thinner, healthier, dresses better, and in general is paying more attention to their physical appearance. That improved image is flaunted as a way of saying "Look at how much better my life is without you! Divorcing you is good for me".

The Better Parent

 Competing for being the better parent or the most liked parent by showering the kids with extravagant presents, or allowing them to break the rules the other parent sets.

Still Want Me? 

 The ex-husband becomes flirtatious with the ex-wife to see if she still wants him and will feign interest in her to see if he is still able to attract other women.

Divorce is filled with so much emotion, and even after the divorce is finalized, emotions can still run high and create problems for both involved. To learn more about divorce, please contact us.

Can a Divorce Be Stopped Once Filed?

Thursday, August 22, 2019

woman looking at paperwork

Once the divorce papers are filed, it seems very final, but in truth you still have a long way to go towards finally being divorced. As long as there has not been a final divorce decree issued by the court, you can still take that action back. You may decide that you acted in the heat of things or worked out some issues with your spouse. You as a couple could have also decided to stay together for the children. Whatever the case, you may still be able to take back a divorce filing once it has started.

The earlier you take action, the easier it will be to take back divorce filing. If you are already in court, it may be more difficult, but your lawyer can help make it happen. Most commonly, however, divorce filings are dissolved within the first few weeks of filing it. This can be done, in some states, via a form from the internet. However, the filer will probably want to go to the clerk where the divorce was filed.

Once there, they can ask it to be revoked, in which they will need to fill out the proper form that the clerk will provide. Once this is done, some states may require that the spouse that didn't file is served with a copy of the divorce dismissal. They will send this on your behalf to make sure they get it. If the spouse does not agree, then they are free to file for divorce instead.

While having a divorce filing revoked is somewhat rare, it can happen. If you want to revoke your divorce filing, even if you don't think you can, you should contact us today. The Law Office of Jamra & Jamra can help you walk through every step of divorce, including undoing the initial proceedings if necessary.

Can You Get a Divorce When You Cannot Find Your Spouse?

Thursday, August 01, 2019

woman meeting with female divorce lawyer

Just like a marriage, it often takes two to make a divorce happen. One party files for divorce and the papers are served to the other party. They have a set time limit to respond to those papers. If they fail to respond, a default judgment can be issued giving the filing spouse everything they asked for.

However, this is only the case when the papers can be served to the other party. They have to reach their hands for that default judgment clock to start. So what happens when you can't find them? In truth, a default judgment can still be achieved even if you can't find your spouse. However, every measure has to be taken.

One of the best ways is to hire a private investigator to track your spouse down to ensure the papers are served. However, if that doesn't work you can also pursue an Order of Notice by Publication. In this avenue, you publish the notice of divorce in a newspaper in the last known area of your spouse. It runs for three weeks and if no response has been given, the divorce can then progress towards a default judgment.

 Your lawyer will need to detail that all diligent efforts were performed to see those documents served and that no response was given. Only afterwards will a judge grant the divorce and issue all that was asked for. Obviously if your spouse is missing, there may also be funds missing as well, but this will solve issues like custody and will break you from legal marriage so you can move on.

If you are moving towards divorce or any other family law matters, contact us today. The Law Office of Jamra & Jamra is dedicated to helping settle complicated family law matters quickly and helping you get the results that you need.

What to Do When Assets Were Omitted From a Divorce Decree

Thursday, July 25, 2019

gavel and rings

It may take many long months and hundreds of headaches, but once a judge approves your final divorce decree, you are officially parted from your ex-partner. In most cases, you go your separate ways and only need to address each other if there are children involved. However, as we all know, divorce is never smooth. There could very possibly be a moment after the divorce decree where you realize the divorce isn't done because both parties forgot to split a piece of community property.

It could be real estate, retirement accounts, pensions, or anything with a significant amount of value. If it was not split in the divorce, then it will need to be. However, while you can return to court in order to get a decision on assets accidentally left out of the divorce decree, you typically only have a short period of time to do so. This is why you need to contact your lawyer as soon as you discover an omission.

Obviously, you can opt to sort the issue without going to court, but divorces are often messy and that may not be possible. It is also worth noting that small items that have low monetary worth but high sentimental worth are often not considered worth the court's time, and the case may not be reopened.

If you discovered assets that were omitted from the divorce decree due to the malicious intent to hide those assets, the courts will be a little more aggressive with opening your case. Your spouse may also face monetary fines and other penalties for trying to hide assets.

If you are going through a divorce and need help making sure it goes as smoothly as possible, contact us today to see what the Law Office of Jamra & Jamra can do to help you get the best possible results.

What Can a Divorce Lawyer Do For Me?

Thursday, January 24, 2019

Divorce modifications don't have to be mind-boggling, migraine-inducing precursors to an evening of too much wine. Discussion of the divorce process begins with the basic duties of a divorce lawyer. The better your lawyer understands your needs, the less stressful your divorce will be. 

Divorce is one of life's most challenging occurrences. Often, in stressful times, we plunge straight ahead without considering any possible consequences. There could be no worse possible time to do that than during a divorce.  Even under the most congenial circumstances, handling a divorce on your own can be detrimental to you and any children involved.   

A divorce lawyer is an attorney who specializes in divorce and family law. They can help you through the red tape and frustration of a divorce. Divorce lawyers do many things from ensuring the fair treatment of their client, equal distribution of assets and proper documentation and record filing. 

The most important advantage is the knowledge of divorce and family law and legal experience a divorce lawyer uses to your advantage.  Divorce law is intricate and challenging.  The education and practical experience of a qualified divorce are immeasurable. 

Alimony, child support, custody, and visitation are all aspects of a divorce that a divorce lawyer will work out on your behalf. Laws and divorce trends change from state to state and vary as the years pass. A divorce attorney stays abreast of the newest laws and how they apply to their clients in their state of practice.   

Most divorce lawyers have payment plans and work out schedules that are possible for their clients to do.  Before hiring a divorce attorney make sure to gather all the documents you have obtained during the marriage and any other proof of ownership. Call several local divorce lawyers and schedule a consultation to learn more about what they can do for you. 

When you have tough divorce questions, contact our office for professional, courteous advice.

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.