Family Law Blog

Can Martial Misconduct Affect Your Divorce?

Monday, January 06, 2020

There is a certain belief that your conduct in a marriage can affect your divorce. It certainly can, but not often in the way we believe. As a no-fault divorce state, you need not declare any bad actions in terms of your reason for a divorce in most areas. Indeed, it doesn't matter if one spouse was adulterous or if you just stopped clicking, the state doesn't care. However, this situation is often confused with marital misconduct.

Financial Outcome

It is true you don't need a reason to get divorce in most states, but if there has been marital misconduct in a marriage, it can affect the financial outcome. When two people divorce, the courts like to keep asset and property division fairly equal between them. If the two parties can reach an agreement outside of court, some asset division can be unequal between the two, but still approved if not completely outrageous.

Assets

However, if there was misconduct in a marriage, it can affect how the assets are divided. It is important to remember that marital misconduct in regards to unequal asset division is not meant to be a punishment, but rather to reduce what has been an added burden on the spouse that acted in good faith during the marriage.

This means that a common marital misconduct situation - adultery - would not automatically mean that the spouse that didn't cheat would get more. However, if the non-cheating spouse can prove the adulterous spouse showered their extramarital partner with expensive gifts that put a burden on the family financially, it will be likely that the courts will give the spouse acting in good faith a larger share of the assets in the divorce.

Yes, There Is an Effect

So in truth, marital misconduct does affect the divorce. If you can prove that their actions were wasteful with marital assets or placed a stronger burden on you in the marriage, you may be able to get more when the remaining assets are split.

If you have a spouse that has been cheating, gambling, or that have an addiction and you are considering a divorce, contact us today. As veterans of family law, Jamra & Jamra can help you get through this difficult process.

Changing Your Mind After the Divorce Papers Are Signed

Monday, January 06, 2020

In most cases, once the divorce papers are signed, there is really no going back. It is difficult for couples to reconcile once a party has gone through the trouble of having divorce papers drawn up, but it is not impossible. However, once the process has been started, can you stop it?

Modification

The answer depends on why and when you want to stop it. For example, if you want to stop the divorce filing to change the terms of the divorce papers, you have limited options. If the court has already approved them, you will need to file for a modification or appeal.

Cancellation

If you want to cancel the divorce papers after filing, then you have more options. If your divorce is still in the very early stages, you are within your right to withdraw your divorce petition. If the petition has not been filed by the county clerk yet, you can simply withdraw it and end your divorce before it even starts.

Withdrawal

If you cannot withdraw your petition from the county clerk because it has already been filed, you will need to file papers for voluntary dismissal. This can be done at any point during the divorce process and involves filing forms that ask the court to dismiss the case. If you and your spouse have reconciled, this can be done. However, it does involve a filing fee, but you do not have to give any explanation for why you want your divorce case to be dismissed.

Conclusion

Are you considering a divorce? This is not something should be done frivolously, and there are fees involved to prevent that. However, if you are serious and ready to file, contact us today to see what we can do for you. The Law Office of Jamra & Jamra is dedicated to helping you get the best possible outcome from your family law cases.

Does Moving Out Affect Property Division?

Friday, November 22, 2019

Divorce is one of those high tension scenarios that often make it one of the worst times in a person's life. As this is such a stressful time, it is no surprise that one person often decides to move out. However, does this make a difference in the case of property division? Does abandoning your house mean you lose assets?

With Children

In divorce with children, moving out during the process can be harmful to custody. It shows that daily interaction with your children isn't such a high priority for you. However, what about when you don't have children and are just worried about the property division? While moving out doesn't hurt you quite as much in this respect, often you can shoot yourself in the foot by doing it.

Depends On What You Leave Behind

You may be in a hurry to get away from the fights, and this may drive you out with nothing but a suitcase full of clothes. This is the main problem. If you moved out fully prepared with your financial documents, family heirlooms, and anything that is separate, non-marital property, then you would be fine. However, if you leave all that behind, it can become a hostage or a target for your spouse. Thus, they essentially have control over everything in that home as you have abandoned.

While big items like real estate can't be so easily disappeared, small items are less likely to be noticed by the courts. Don't be surprised if things start to disappear.

Contact Your Lawyer

If you believe that your spouse is maliciously hiding or selling off your assets inside a house, you need to contact your lawyer right away. They can help walk you through what you need to do to protect your property.

Conclusion

If you are starting divorce proceedings or have other family law problems, contact us today to see what Jamra & Jamra can do to help you make the process go as smoothly as possible.

Can a Child's Testimony Make a Difference in Child Custody?

Friday, October 11, 2019

If it were up to both parents, their child would never enter the courtroom in their life, especially not during the messy divorce proceedings of their parents. However, when it comes to deciding custody, your child's presence may be necessary, especially if they are old enough to make their own opinion to be heard on the matter of their custody.

Requirements to Give Testimony 

In the case of very young children, the judge and the parents will work to decide custody alone. However, in California, if your child is above the age of 14, they can take the stand and let the judge know where they would like to go. Your child will give testimony to the judge on which parent they would like to live with. However, the final decision is still in the hands of the judge. If they believe that another placement would be in the best interests of the child, even if it goes against their choice, they will make it.

Judges Decide

It is important that your child knows that the judge will take their best interests in mind. If your child tries to convince a judge they want to live with one parent because they never punish them and let them eat ice cream for dinner, it is not likely to positively sway a judge's opinion. In fact, it may work against them. However, if they say they want to live with a parent because they feel that they have more time to spend with them, then this is likely to make an impact.

Learn More About a Child's Testimony in a Custody Case

If you are going through a messy child custody case and need a great lawyer to help you, contact us today. Jamra & Jamra can help you navigate this difficult process so you can get the best possible results, not only for you but for your children as well.

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.

Married, Divorced, Married, and Divorced Again – How it Effects The Process

Thursday, May 23, 2019

woman taking ring off finger

Some people just can't stay away from each other. They may have gotten married without thinking, gotten a divorce, realized they were still in love, married again, and years later it is divorce time yet again for one reason or another. For some, remarriage may last forever, but if it dissolves into divorce again, does this have any effect?

The honest truth is if you are divorcing someone that you divorced before, it may actually make the process faster. The asset division from the previous divorce can be withheld, so this means that they only need to divide that which was new in the second marriage. However, it can create some unique problems.

For example, if you got the house in your first divorce, you could argue that it is not marital property in the second divorce. However, your spouse could argue the exact opposite. Both parties may technically be correct and a judge will have to sort that out. Furthermore, they may want the house in trade for something else. Is it possible for it to be a bargaining chip?

Thankfully, while the division of the actual stuff may be more complicated in some regards, alimony will typically stay the same. You won't receive the same amount from the first divorce, however. Instead, the court will examine the two separate incomes. These may have changed since the first divorce happened, so someone may be paying or paying less depending on their income. Furthermore, if a spouse is now financially independent on their own, there may no alimony payment at all.

One divorce is messy enough, but if you are divorcing a person that you already divorced in the past, you know you need help. Contact us today to see what the Law Office of Jamra & Jamra can do to help you get the best possible outcome. It's okay to be confused in loved, but don't let a marriage ruin your whole life.

Divorce: Considerations of Changing Your Name in a Divorce

Thursday, February 07, 2019

woman speaking with divorce lawyer

Sometimes, women who are getting divorced consider reverting to their maiden names. This is a relatively simple procedure in California and can be done by your submitting your proposed Judgment (Form FL-180) for divorce. Your attorney will let you know what you need to do. Even if you don't elect to change your name at that point, it can be done after the divorce, by filing a Petition for Change of Name. This is slightly more complicated, but still a relatively simple procedure.

More important than the steps, however, is the decision itself. If you are a woman who took her husband's name, or part of a couple who hyphenated their surnames, dissolving the marriage can raise complicated feelings about what your name will be after it. It's important to note that changing the name will not have any impact on the financial settlement or divorce decree. Nor does it have any impact on legal responsibility once the divorce is finalized. You will never, for example, be responsible for a spouse's bills or other obligations because you share a last name. Even if creditors track you down because of the surname, you are a legally separate entity once the divorce goes through. You have only to tell them you are divorced.

So what are the considerations you should think about when deciding to change your name in a divorce?

1. Your feelings about your ex-spouse

If you and your spouse are amicable, it may make no difference to you whether you keep the name or not. If the divorce is a painful one, however, your feelings about your spouse may color your feelings about your surname. If it would make you feel better, you may want to revert to your maiden name or remove the hyphenated name. If you don't want to do that, you can change your name to a third option of your choice.

2. Your feelings about having the same name as your children

Some people would prefer to have the same name as their children or think the family name should be held in common. If this is your married name, you may want to keep it. But changing the name of both yourself and your children is also an option.

3. Your feelings about a fresh start

Some people see their divorce as a time of new beginnings. If it would support that feeling to change your name, it can definitely be an option as well.

Do you need to discuss divorce with an attorney? Contact us.

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.

Ways to Dissolve a Marriage in California

Thursday, June 07, 2018

Getting a divorce can be very emotional and stressful for the parties involved. However, understanding the legal requirements can help you put things into perspective. There are two ways to dissolve a marriage in California and both have very different requirements.

The first way to dissolve a marriage is by filing for Divorce. Each state has its own statutes for divorce.  Some states have fault-based grounds for divorce such as adultery, desertion or cruelty. However, California has is a non-fault based state. This means that you must state that there are irreconcilable differences.  

Another ground for Divorce in California is incurable insanity. You must prove that at the time of filing the petition your spouse has a permanent legal incapacity to make decisions. The court requires testimony from medical doctor or psychiatrist.  

Before the court will enter a judgment for divorce either you or your spouse must have resided in California for 6 months and 3 months in the county where the case is filed. 

The second way to dissolve a marriage is by filing a petition for an annulment. The California statute sets out several conditions that could nullify a marriage. A marriage may be voidable if you can prove incapacity, inability to consent, bigamy, fraud, consent obtained by force, incest, or either party or both were of unsound mind. The court can also award you attorney's fees if it finds that you are the innocent party.  

Divorce and annulment cases can be very complex and difficult to handle on your own. You should enlist the help of a qualified attorney to help you. Jamra & Jamra is a law firm with skilled attorneys who can help you sort out the complexities of your divorce case. If you need help navigating the process for dissolving your marriage contact us today.  

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.