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Family Law Blog

How Are Investments Split During Divorce?

Wednesday, July 14, 2021

If you are going through a divorce, it is pretty easy to be distracted by the tangible property that needs split — the house, the cars, the various stuff therein. You may forget about the assets you can't actually touch. For example, the intangible assets you haven't touched in awhile like your investments.

Investments

For some, their investments — the stocks, bonds, mutual funds, and retirement accounts — can have quite a sum tied to them. However, splitting these assets may not be as simple as you hope.

Like any asset, investments can be exempt from division during a divorce if you made them before entering the marriage. This means contributions to a retirement account or stocks bought before marriage, for example, will not be subject to being split.

Unfortunately, this becomes complicated because we keep investing in these things even after marriage. Consider any contributions, dividends, or investments made during a marriage marital property. This means splitting an investment account is necessary and typically more complicated than splitting other financial accounts like a simple checking account.

Negotiations

In some cases, it may be more beneficial to do a little negotiation in order to keep investments whole. In some cases, you may be able to give something of equal value to the other party in order to keep an investment account whole. Yet, as investments earn value, this can also be a bit of a hard sell as well.

Conclusion

It becomes complicated dividing up any asset during a divorce. It is this property division that makes divorce so complicated. If you are starting the divorce process and have significant assets that need splitting, contact us today. The Law Office of Jamra & Jamra can help you make sure you get your fair split as well as help the process go as smoothly as possible.

Divorce: Mediation Versus Arbitration

Monday, December 28, 2020

Often used interchangeably, if you are seeking an out-of-courtroom resolution to a divorce, you may think mediation and arbitration are the same thing. While they serve a similar function, mediation and arbitration are different and may suit different needs for a divorcing couple.

What Is Divorce Mediation?

Divorce mediation is often a cheap solution to more amicable divorces. In mediation, spouses meet together or separately with a neutral third party mediator. This mediator will help spouses divide assets and work out compromises. As this takes place out of the courtroom, this method is often a cheaper and more flexible way to sort out the division needed for divorce.

The key aspect of mediation to keep in mind is that anything worked out is not legally binding. Essentially, they work out compromises that the divorcing couple will take to court. The judge will then make it legal. Thus, there is nothing to stop one party from changing the agreement if they choose.

What Is Divorce Arbitration?

It is simpler to think of arbitration like divorce court-lite. Mediators cannot impose resolutions, but an arbitrator can. Essentially, arbitration allows both sides to argue their standpoint and the arbitrator passes down a solution to the issue that is a legally binding solution. It will then be finalized by a judge later. Arbitration helps keep the courts from being clogged up with long and complicated divorce cases. Though not as affordable as mediation, it is still a cheaper alternative to constant court fees.

Conclusion

Are you getting ready to go through a divorce? The process is long and complicated, but worth doing for your own sanity. If you are looking at divorce and need help, contact us today to see what we at the Law Office of Jamra & Jamra can do to help you get through the process with as few headaches as possible.

What Is the Timeline Like for a First Time Divorce?

Friday, December 18, 2020

With any luck, the first divorce in your life will be the last divorce. However, like when you do anything for the first time, you may want to know exactly what the process looks like. Unfortunately, as a divorce can take months of simply waiting for things to move forward, it is not so easy to lay out a concrete timeline. Instead, we wanted to highlight events as they will happen. As to how fast they will happen depends on how busy your local court system is and how much other parties drag their feet.

Timeline for First Time Divorce

If you are wondering what the divorce process looks like, your lawyer should be able to walk you through every step of the process, but as a whole, it can be rather simply broken down.

  • One spouse gets a lawyer and will write up a petition for divorce to start the process. This will include what they want in terms of financial, custody, and property division.
  • The petition is filed with the court.
  • The petition is served to the other party, requiring their legal response. Without a response, the court assumes they agree with the terms. The response is how the served spouse wants to deal with the above issues.
  • Mediation for issues is pursued if desired. Otherwise, the court will require compiled information on finances and property to help make the division.
  • If a settlement is reached, there will be a court hearing to make the agreement final and binding.
  • If the divorce is not settled, both sides will argue their side in court to help the judge settle issues.
  • The judge grants the divorce.
  • Both spouses retain the ability to appeal the court's decision on the decided matters, but it is typically unusual to have that decision overturned.

Conclusion

A broken down timeline makes divorce seem simple. However, it can take months and making the decisions can be difficult. If you are looking at a divorce in your future, contact us today to see what the professionals at the Law Office of Jamra & Jamra can do to help.

Can Contentious Couples Be Successful in a Mediation Setting?

Monday, July 06, 2020

Did you know that mediation is possible in divorce to keep even the most contentious couples out of the courtroom for the duration of their legal separation?

Correct mediation procedures allow for practical and flexible resolutions to problems. Otherwise, they are finalized in a courtroom at a higher cost by a judge who doesn't know or understand you and the dynamics of your family.

What Does Mediation Involve?

Mediation is an Alternative Dispute Resolution for divorcing couples who truly want what is best for their children and their futures. We back you up during your meetings with a neutral third-person, or mediator, and your former partner to come up with unique and personal compromises that both you and your former partner can agree on. 

Mediation can cover all aspects of divorce, including:

  • Child custody and visitation
  • Child and spousal support
  • Property and asset division
  • Business evaluation

According to Rule 5.210 in the California Rules of Court 2020, every mediator in California must legally be impartial towards each party and competent of all laws and regulations concerning the divorce process. We will be right there with you to ensure that the process is legal and that you are protected from giving more than you are able. 

Contentious Arguments

When you and your former partner argue, or disagree, about a situation, then the mediator will call for a break to cool down and discuss further options with your lawyers. The discussion can continue after a reevaluation of the situation from both sides or we can make another appointment and come back after a time of contemplation and consideration.

Mediation has worked well with many contentious couples. The process works around your schedule, not ours, and so decisions are not made hastily or out of exasperation. Arguments and even bickering are halted immediately and, with much contemplation, attacked creatively from a different angle. We want the process to be a smooth as possible and we are here to help you do that. 

Contentious couples can be very successful in mediation and sometimes the process can change your relationship with your former spouse into a more positive one, one that supports a positive co-parenting experience for everyone involved. 

What Can Jamra & Jamra Do for You?

Our legal mediation support is crucial and renders court appearances unnecessary. We can work together to create a binding contractual agreement that accomplishes everything a traditional divorce does in a quicker, more personal, and much more private way. 

California Super Lawyers at Jamra & Jamra L.L.P. Family Law Attorneys in Beverly Hills use creative and personalized strategies that focus solely on you and your protection during divorce proceedings, no matter what direction you decide to take. Family law can go one of two ways. We're prepared for both. 

Contact us for a free consultation and brainstorming session to discuss what could be our cost-effective and diligent plan of defense. We understand your needs and are prepared to stand by your side.

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 Spouse Trap You in a Marriage by Refusing Divorce?

Friday, November 15, 2019

Ideally, you and your spouse will both just eventually come to the conclusion that you are both unhappy and the marriage needs to end. You both get decide to get a divorce and the property division of it all is difficult, but done quickly and amicably. However, it doesn't always work out that way. Sometimes one partner wants out, but the other wants so desperately for them to stay, which can lead to their refusal of divorce.

No, They Cannot "Hold You Hostage"

Fortunately, a spouse can't "hold you hostage" in your own marriage, so to speak. In the best case, their refusal to cooperate works out in your favor since failure to acknowledge divorce papers can be seen as a no contest divorce where you get everything. In the worst case, they do cooperate slightly, but actively work to slow the whole process down. While your spouse can certainly make divorce much more difficult, they cannot flat out refuse to divorce you. Even if they were to disappear suddenly in order to slip divorce proceedings, you could still progress.

A Lawyer Can Help

What often makes the difference in these cases is often the help of a knowledgeable lawyer. For every time that your spouse makes this process difficult, your lawyer will be able to best advise you on what you need to do next in order to take the next step forward. If your spouse is being difficult, it requires a bit more patience, but your lawyer can help you get to the finish line so you can continue to live your life after it is done.

Conclusion

If you are getting divorced, whether or not you have a difficult spouse that isn't cooperating, contact us today. The Law Firm of Jamra & Jamra is dedicated to helping you get the best possible outcome from your divorce or family law case.

Tips to Make Mediation Work

Thursday, April 18, 2019

man and woman going through divorce mediation

Though you may think that you need to go to court to get divorced, the truth is that there is a better way. Mediation can really save you time and money. It could also save your relationship, especially if you are parents. Parents who try mediation are often better co-parents because of it. They didn't spend months fighting through the court system because they found a way to make it work together.  

That being said, it isn't always easy. Here are some tips to make mediation work.

Choose the right mediator. 

Though any mediator will help you through this process, you need to make sure that you find one that you are both comfortable with. You may also want to make sure that he or she has helped others who were in a similar situation as you are. Some specialize in helping those who are dealing with cheating, have children involved, or are in a certain financial situation.

Have all of your paperwork together. 

Getting all of your paperwork together can be tedious. You are going to need information about the mortgage, your health insurance, any retirement accounts, and much more. However, if you don't have them when you come to mediation, it isn't going to help. In order to split up your things, you are going to need the information.

Don't be afraid to take a break. 

There are times when you are talking about things that are going to be hard for you. This is especially true when it comes to figuring out what is best for the children. Your emotions may get the best of you. Don't be afraid to ask for a break so you can compose yourself and try again.

When you are going through mediation, you need to choose the right person to help you through the process. You also need to make sure that you have all of your paperwork in order. If not, it will just slow down the whole process. Then, don't be afraid to take breaks when you need to. It is important so that you can come back refreshed and ready to try again.

Contact us for all of your legal needs. We will be glad to help you through this difficult time.

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.

If Divorce is on Your Mind

Tuesday, December 19, 2017

Are you contemplating divorce? The legal process is complicated and can involve working with your spouse as much as possible to avoid unnecessary conflict, or it could mean a long drawn-out court battle. The important thing to remember is that no two divorces will be precisely the same, as different factors will come into play. 

The First Step

You will either be on the receiving end of a divorce petition, or you will be in the position of serving it to your former partner. You should consider where to file for divorce. Usually, the next step entails you filing papers in the state or county where you or your spouse lives. Also, make sure to familiarize yourself with your state or county's residency requirements so that you are filing in the correct location. If your partner serves in the military, you have the option to file papers where your partner is stationed. 

Will You File for a "No Fault" Divorce?

Choosing between a "fault" and a "no fault" divorce is an important part of the filing process. "Fault" divorces encompass the negative aspects of a marriage such as abuse or adultery. If children aren't in the picture or assets are at a minimum, getting a "summary" divorce is a possibility. Seeking the advice of a lawyer would be wise here, as you don't want to inadvertently surrender your property or child support rights. 

Mediation is Important 

Divorce doesn't need to be synonymous with bitter conflict. Mediation is a very valid option when it comes to resolving the finer points of separation, and can save you quite a bit of time and money. Mediation experts, while not perfect, are experienced in hammering out solutions to points of contention between you and your spouse. This process should be considered among the first steps to take after filing for divorce rather than a last resort.   

If you are contemplating divorce, contact us for more information.