Family Law Blog

Divorce: What About The "Fur Babies"?

Thursday, April 06, 2017

We have reached a point in the journey of man where a canine companion is no longer viewed as a tool to be disposed of when it is no longer useful. Dogs have truly become "man's best friend" and couples even talk of their "fur babies" as members of their family. 

We have also reached a point in the journey of mankind where the divorce rate is above 50 percent. This begs the question, what happens to the dogs in the event of divorce? 

What Does The Law Say?

How dogs are treated in a divorce depends on the state the divorce is taking place in. Some states treat dogs as if they are inanimate property, while others have detailed statutes about how to divide up canine custody. For example, Alaska recently passed a law that will treat dogs as children while Texas treats dogs no differently than Grandpa's work bench. 

In California, pets are considered to be personal property, with courts working only to award a pet to one of the spouses in the event of divorce. While some courts will consider the best interest of the pet in making a decision, this is not a given. Where possible, it can be beneficial for the couple to work out a contractual agreement on their own in order to avoid litigation. 

Peace Of Mind For Beverly Hills Pet Owners

If you are considering a divorce and have concerns about what will happen to your dog, speaking to an experienced divorce lawyer can help put your mind at ease. Contact us to schedule a consultation.


What if My Spouse is Hiding Assets in Our Divorce?

Thursday, January 26, 2017

Divorce is sometimes messy, and sometimes it involves one spouse hiding assets from the other.  Because California is a "community property" state, meaning that all property acquired during a marriage is marital property and jointly owned, spouses are occasionally tempted to keep some assets a secret so that they are not evenly split with their soon-to-be ex-partner.  

In fact, according to the National Endowment for Financial Education, nearly one-third of people admit to financial deception with their partner. It is logical to assume that divorce does not improve these percentages. Automobiles and other tangible items are hard to hide, but bank accounts, investment accounts and retirement accounts are more easily concealed.

California Family Code Section 2100 states that divorcing parties must provide "full and accurate disclosure of all assets and liabilities in which one or both parties have or may have an interest."  Although not doing this might be tempting, it is a bad idea and carries severe penalties.  

If one party does not accurately disclose all assets and engages in "oppression, fraud, or malice" as outlined in Section 3294 of California's Civil Code, then the court must award 100% of the hidden assets to the spouse from whom they were concealed. In other words, if a husband hides his $50,000 savings account from his wife during the divorce and meets the "oppression, fraud or malice" criteria, then a judge will award the $50,000 to the wife.  The court might also award attorney fees.

If you are considering divorce, then please contact us.  Our skilled, dedicated attorneys will review your situation and determine the best path forward.  We are here to protect your rights.

Divorce: Making Things Right During The Holidays

Friday, December 09, 2016

Anyone who has experienced a divorce or is currently experiencing a divorce knows that a divorce can turn things upside down. Everything can change during a divorce. When parents make the decision to split, it seems that everything will be impacted. This is especially true when it comes to the holiday season.

The holidays can be a very difficult time for a divided family who has to make arrangements so the children can spend time with both parents. The old holiday traditions are a thing of the past, and parents now have to create new traditions and start new memories.

If the parents are going to work together to give their children the best holiday experiences, there needs to be a detailed visitation schedule when the parents agree to co-parent. The schedules and agreements should not be vague because these types of agreements will likely fall apart very quickly.

The holidays should be an enjoyable time for families, but this is not always the case when families have separated and the children have to spend the holidays in two homes. However, when parents can agree and stick to a schedule and any other agreement, there will be a less amount of stress and there will be no arguments and disagreements.

The court system is available to help families figure things out and do what is best for the children, but one of the best things parents can do is try to work things out on their own. If families do not want to be stress and burdened with going to court, they should try to work together and keep things positive.

We do understand that sometimes families need to go through the court system so they can be advised of the best steps to take. If you need advice about your situation or if you would like a consultation, do not hesitate to contact us today.


My Divorce is Amicable: I Don't Need an Attorney, Right?

Thursday, November 03, 2016

Many people going through an amicable divorce think that involving attorneys in the process is unnecessary. While this is sometimes true, there are many reasons why going through a divorce without legal representation can be dangerous—even when spouses are getting along with each other.

If you are going through a divorce, an attorney can help ensure that your rights are protected. An attorney can also ensure that the formalities of divorce agreements are met. Additionally, an experienced attorney will be able to forecast issues that may arise in the future, and help you plan for them accordingly.

Protect your rights

It is always a good idea to at least consult an attorney before signing or consenting to any major commitments. The terms of a divorce can influence your life for a long time. Play it safe and talk things over with an attorney, even if you feel like you have it under control.

Ensure that your agreements are binding

Like any contractual agreement, there are certain formal requirements that must be met for divorce agreements to be binding. An attorney can ensure that these requirements are met.

Plan for the future

Custody and alimony arrangements may need to change in the future. Sometimes property divisions that seemed fair at the time are revealed to be unfair later. An attorney can help you prepare for these types of occurrences.

If you there is no major property involved, no children, and no chance that either party will seek alimony, a divorce attorney may not be necessary. However, if any of these factors are present, an attorney can help make sure the process goes smoothly and that any agreements reached are fair and binding. If you would like more information about this issue, please contact us today.

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.

Are You Aware Of These Spousal Support Myths?

Thursday, September 15, 2016

Spousal support payments are payments that are paid from one spouse to the other after a divorce. There are various elements surrounding spousal support which can lead to people believing the different myths and misconceptions that are out there.

If you are near a separation or a divorce, you should be aware of the actual facts about spousal support. Here are some myths and misconceptions about spousal support:

The Spouse Will Always Receive Support

This is not true. Many people think that spousal support payments will be made for life. There is no set length of time for spousal support payments to be made. The length spousal support payments are to be made will depend on a variety of factors. The judge will consider various factors, including the other spouse's ability to earn money and make a living.

Women Do Not Pay Spousal Support

Women can pay spousal support. Women work and some women are the family's sole income earner. When this is the case, men will be the ones receiving spousal support payments.

The Spousal Support Agreement Cannot Be Changed

The amount of spousal support payments can be changed or stopped completely if certain circumstances come about. If the ex-spouse who is receiving child support payments is eventually able to support himself/herself without the need of support, payments can be stopped early. If the spouse receiving spousal support marries again, spousal support payments can also be stopped.

Spousal support decisions can impact one's life in a number of ways. Decisions about spousal support should be made carefully, with the assistance of a professional. Contact us today if you need a consultation.


Selling the Family Home After a Divorce

Thursday, July 07, 2016

One of the hardest parts about going through a divorce is property division. Not only do you have to decide who is responsible for this process, but you have to go through many emotions when letting go of certain items.

The family home is definitely a source of anguish for divorcing couples. If you are forced to sell the home, here are a few tips to help make the process smoother.

Settle Some Things Up Front

Before you list your home, you will want to settle a few details with your ex-spouse up front. For example, you should discuss which agent you plan to use as well as what the asking price will be. In addition to this, you will need to discuss plans for showing the home and how you will review any offers that are put on the table.

Choose a Realtor with Divorce Experience

When you are choosing a realtor, make sure you choose one that has experience with selling homes due to divorce. Since the process of selling a family home is difficult under these circumstances, your realtor will have a larger role than normal. Choosing one with prior experience in this touchy subject will help make the process flow smoothly.

Prepare your Home

Finally, you will need to spend some time preparing your home for the home viewing process. You and your ex-spouse will need to decide ahead of time, which portion of the belongings you each plan to keep. Remove as much clutter as possible and make any necessary repairs before you list the home.

Property division throughout a divorce is never a simple process. However, when emotions are running high in relation to certain property, the process can be even more difficult. Using these tips will help you smooth over these feelings and get the process over with as soon as possible.

For more assistance with your divorce, contact us today.


Staying Strong: 5 Tips for Divorcing Parents

Friday, April 15, 2016

A divorce is a difficult change for everyone in the family. Learning what to expect during a divorce will not only help your children, it will help you and your spouse work through the complex emotions that arise. Here are some things to keep in mind for the sake of yourself and your children.

You're Not a Failure

You need to be aware of your own feelings just as much as your children's. It's common for divorcing parents to feel like they've failed, but that's simply not true. Your marriage has nothing to do with your ability to be a good parent. Know that you can still be there for your child in your own way and that it's okay to feel confused. You're not alone.

Vent About Your Ex - But Not to Your Children

Avoid negative talk about your ex. Anger and guilt are the most common emotions during a divorce, and it may be tempting to vent your frustrations. Don't do so around your children. It's okay to talk to your kids about what's going on and your emotions, but try to talk about it in a productive way. If you need to let off some steam about your ex, consider talking to a therapist or writing in a journal.

Don't Discuss the Details Around Your Kids

You and your spouse will have a lot of complex topics to discuss, like the division of assets and child custody. These are topics that are best discussed when your kids aren't around. Of course, it's important to talk with your children about the separation, but leave the more "adult" topics for a later date.

Be Prepared for Behavioral Changes

Children react in different ways to a divorce. Some kids will act up at school or at home. Other children may bottle up their emotions, which can manifest as physical illnesses. Keep an eye on your child's eating and sleeping habits, and don't be afraid to ask teachers for progress reports. Sometimes, asking your child how he or she is feeling is enough to start the conversation and come up with a solution together.

Make Your Own Joy

Take a little time every day to find happiness, independently and with your kids. Take a day off from work and go out for ice cream. Make a new tradition with your kids, like a game night after dinner. Intentionally spending time like this will help you to rediscover your ability to live in the moment and be grateful for the little joyous moments that happen every day.

You don't have to go through this on your own. Jamra & Jamra can help you with the divorce process and all the emotions that come along with it. Contact us today.

Do Not Let Emotions Interfere With Property Division and More During a Divorce

Thursday, March 24, 2016

The divorce process can be time-consuming and costly in addition to emotionally draining, which is all why it is easy to make mistakes when dissolving a marriage. Consider these tips when wanting to minimize financial expenses.

Focus on the important things:

Some people think divorce is the proper time to get revenge or air grievances, but this only draws out the process and makes it more expensive. It is important to try to act rationally instead of thinking with anger, grief or guilt. To get the best outcome from a divorce, you may need counseling or an attorney first.

Know when patience is necessary: 

Whether you are letting emotions get the best of you or dealing with a spouse who is, waiting out drama is often necessary to avoid regrets later. Trying to rush a divorce or giving in out of exhaustion will only result in an unsatisfactory settlement on your part. If there is an issue of contention or spouses have trouble communicating, alternate forms of divorce like negotiation or mediation might help.

Try to work together: 

Emotions do not always have to get the better of those going through a divorce. To resolve a divorce in a timely matter, both partners typically need to communicate honestly and be open to compromise. It may help if you have a few priorities in regards to matters like property division, alimony or child custody as this lets you focus on what you find most valuable while making concessions with less important items.

An attorney could offer a more objective point of view and help one negotiate and reach an agreeable settlement, so contact us when going through a divorce.

Source

Who Gets the House? Property Division in California Divorces

Friday, March 11, 2016

California is a community property state, meaning that all property and debts acquired during the marriage must be divided equally among the spouses. However, property division is not always as easy as splitting assets 50/50. A common concern of divorcing couples is the disposition of the family home. After all, the home is often one of the couple's most valuable assets.

There are many arrangements for disposing of the home depending on the family's circumstances. One of the easiest is simply selling the home and splitting the proceeds equally.

However, sale of the home may not be possible due to a slow real estate market or negative equity in the home. Additionally, the issue can be complicated due to the emotional significance of the family home. One spouse may not wish to sell the home and all of the memories it represents. Other spouses may wish to avoid further emotional distress to children by allowing them to remain in the home.

When one spouse is adamant about keeping the home for sentimental reasons and can afford to maintain the home with no financial assistance from the other spouse, one alternative is to allow that spouse to buy out the other's interest in the property. Where both spouses are concerned about the impact of the home's sale on their children, both may agree to maintain joint ownership and to allow the custodial parent exclusive use of it. In slow real estate markets, the couple may agree to maintain the home as a joint investment in hopes that the home's value may increase over time.

However, these arrangements require a level of cooperation between the divorcing spouses that is not always possible.Contact us today if you are divorcing and are concerned about the ultimate disposition of your home and other assets. Whether you need an attorney who can craft a workable compromise with your ex or need one who can litigate your position aggressively in court, we can help.