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What Are My Child Custody Rights During the Divorce Process?

Wednesday, July 14, 2021

While child custody is part of a divorce, it is often saved as the last part of the process. It is the most complicated and will require the most time to officially sort out. That said, divorces, even simple ones, can often take months just for a court date. In the meantime, you probably still want to see your children. What are your child custody rights during this questionable period?

Child Custody

As you would expect, most couples usually work something out when it comes to child custody during a divorce themselves. By having nothing legally binding, it can be a nice trial run to work out what you exactly want out of your future child custody agreement. It can be a good time to work out the quirks as well.

Unfortunately, it is not unusual for couples to be difficult and petty with each other during the divorce process. When this happens, it can make child custody rights particularly difficult. If this is the case, you will want to bring the issue up with your lawyer. What they can do is take the issue to court where the judge will give a cursory glance over your case. They will then establish a temporary child custody order that dictates set times you will get to see your children. This is not permanent but can ensure you get your fair due of time with your children when your ex-spouse is being difficult.

Learn More About Child Custody Rights During Divorce Proceedings

Do you have a messy divorce on the horizon or even messier child custody issues? We can help. Contact us today to see what the Law Office of Jamra & Jamra can do to help you sort out all your issues and get the best possible results.

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.

Cancel Culture Increases the Necessity of Discretion in High Profile Divorces

Tuesday, June 08, 2021

Divorces are always complicated. They become even more so when you have acquired and maintained significant assets and/or established businesses during the course of your marriage. Image protection is the key to your future. Further, when television and movie stars divorce, they choose to keep certain aspects of their separation private. For example, details of child support and custody. You don't have to be a well-known star to have the same options they do when it comes to your privacy in legal matters. You just need the right support to avoid cancel culture.

High-Profile Divorces and Cancel Culture

Each divorce is different and should be treated as so. High net worth divorces will play out in public. Your assets are as unique as your relationship was and the details of your separation can make or break your businesses and/or public life.

The current trend of cancel culture is currently dominating our media. Cancel culture refers to the tendency the public has to band together to kick someone out of the public sphere for something that they have done or in response to a cause they have supported. 

Any public mention of adultery, battery, dishonesty, and lying that may have occurred within your marriage will not only negatively affect your children's or your former spouse's reputations, but can also be detrimental to your career and the success of your business. For example, a business may back out of a contract after reading about accusations of adultery.  

Cancellation causes fear for someone with a high-profile business. Indeed, you need to regain control over your reputation to ensure your further success.

Avoid Cancel Culture

Unfortunately, we are all judged and tried by our communities for the things that we do, whether we are guilty or innocent of any accusations. We have all done things that we regret, but our entire livelihoods should not be canceled for a single mistake. Our personal lives are personal

An aggressive and knowledgeable family attorney with an eye for discretion can help you keep your most personal information secure. Alleviate your anxiety and dampen your apprehension with the best protection available.

Conclusion

Contact our family attorneys at Jamra & Jamra L.L.P. for discretion and effective representation in Beverly Hills. Our tailored approach keeps you out of the spotlight and helps you avoid the cancel culture. Give us a call at 310-278-9001 to schedule an initial brainstorming session concerning your case.

What To Do If You've Been Served Divorce Papers

Friday, January 22, 2021

Regardless of whether you expect them, receiving divorce papers is always a deeply emotional experience. On top of that emotional intensity, the legal path forward may be daunting or unclear. Here are some tips for the process, along with ways that the right attorney can help you navigate that path during this tough time.

Read the Papers Thoroughly

These papers often include important information regarding your divorce, such as temporary custody details and court dates, so be sure ‌you read and understand the papers in full. The papers will also include the date by which you must serve your answer to the divorce petition; if you miss this deadline, you may lose your chance to have a say in the divorce settlement. Reach out to our attorneys if you need any additional help or have questions about the information in your papers.

Serve Your Answer

Your answer must be served legally in order to be legitimate. To do this, you must speak to the clerk at your court and ask to use the Sheriff's office to serve your papers. A divorce lawyer can help you compose this answer, and can help in waiving the filing fee as well.

Reach Out to Counsel

If you have not already reached out to an attorney, this is the point where you should reach out to discuss next steps. A divorce attorney can guide you through reconciliation or going to court in the coming divorce proceedings.

Reach Settlement

Together with your attorney, you will negotiate the terms of your divorce with the other party. These terms will include issues such as custody, child support, and division of assets. It is more than likely that your divorce case will settle before your court date—according to a CBS report, only five percent of divorce cases in the US progress to trial. If your divorce case does go to trial, the right divorce lawyer will handle the entire process with you, maintaining your best interests in mind and winning you the outcome you need.

Take a Breath

Divorce is always a draining experience—financially, emotionally and mentally. Take care of yourself throughout the process by reaching out to your support group, maintaining a healthy lifestyle, and engaging in the things you enjoy the most.

Need More Support?

Reach out to one of the many experienced attorneys at Jamra and Jamra, LLP for professional guidance throughout your divorce process.

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.

3 Signs That It May Be Time to Consider a Divorce

Thursday, December 10, 2020

Deciding that it is time to end your marriage is one of the most difficult things that a person, or a couple, can go through. However, if lies, betrayal, or years of resentment have left you feeling detached from your marriage, you may find yourself wondering if it is time for a divorce. Yet, how can you know for sure if things are really over? If you are unsure about the state of your marriage, here is a look at a few common signs that a divorce may be in the best interest of you and your spouse. 

You Constantly Feel Criticized or Put Down By Your Spouse

A clear red flag that all is not well in your marriage is if you are constantly put down and made to feel not good enough by your spouse. Constant criticism and emotional abuse from your partner can leave you feeling worn out and even depressed. If you feel as though you are constantly criticized or made to feel inferior, it may be time to consider a divorce. This abuse is not good for your mental health, and you should consider taking care of yourself by moving on. 

You Often Feel Lonely Even When You're With Your Partner

Over time, you may have noticed that you and your spouse have drifted apart. Through no one's fault, you may find that you no longer have anything in common, and you may not even have anything to talk about. This can leave you feeling lonely even when you are with your partner due to a lack of affection, closeness, and intimacy. If this is the case, it may be in both of your best interests to have a frank conversation about the condition of your marriage and whether a divorce may be the best option. 

Communication Has Fallen Apart

Towards the end of a marriage, it is not uncommon for communication to completely fall apart. You may even find that you are unable to have a simple conversation without things dissolving into arguments. Furthermore, these arguments likely don't get resolved, and you may find yourself arguing about the same things over and over again without finding a solution or common ground. This is often a clear sign of a relationship that has been damaged beyond repair. 

Conclusion

While it can be difficult to admit when it is time for a divorce, doing so can help you and your spouse to move on and heal from a broken relationship. However, if you plan on seeking a divorce, it is critical that you consult an attorney so that you have someone to walk you through this complicated process. Feel free to contact us to learn about how we can help you through this difficult time.   

Unique Issues With Same Sex Divorce

Monday, November 30, 2020

In terms of process, divorce is the same no matter whether you are a heterosexual couple or a same sex one. However, same sex couples do have two unique circumstances in divorce that they may face compared to heterosexual divorces. By knowing these potential issues, you can make sure you are prepared for them if they may be something you face in a same sex divorce.

Previous Domestic Partnership and Property Division

If you entered into a marriage when it became legal after years of domestic partnership, you may face some new difficulties when it comes to property division. While you did have a legal partnership prior to marriage, it may make property division work a little differently.

Property division and the establishment of shared property are strongly dependent on the date of the marriage. As such, it may be difficult for the courts to establish what is individual property and what is shared marital property if you were in a domestic partnership prior.

Typically, if you had a domestic partnership prior to marriage, you will want to work out as much property division outside of the courtroom as possible to avoid unanticipated splits.

Child Custody

The child custody between same sex couples can be particularly difficult. As a rule, the law will always side with the biological parent over those unrelated to the child. You can imagine the issues this causes with same sex child custody cases. However, if the non-biological parent is listed on the birth certificate or has formally adopted the child, they will have more standing. However, the biological parent will always have more.

Due to these unique issues, it is always more beneficial for same sex couple to work out child and property division outside of the courtroom. The courts tend to take awhile to catch up with new legal precedents sometimes, and unfortunately, this is one of those times. If you are a same sex couple going through divorce and need help, contact us today. Let the professionals at the Law Office of Jamra & Jamra come to your aid.

Tips for Same Sex Marriages Ending in Divorce

Monday, August 10, 2020

Now that it is legal, same-sex couples can get married. While many same-sex couples rushed to get married because they finally could, others didn't feel the need to change the way that they have been living for several years. Many already felt married by that point, so they didn't. They have continued to live the way that they always have.

However, once married, same-sex couples can also get divorced. It can be messy and complicated. Here are some things to consider when getting a divorce.

Time Is Going to Be a Factor

The length of time that a couple is married can really affect a divorce. Unfortunately, many same-sex couples lived together for many years before being allowed to be legally married. Some judges will count the year that you were legally married, though some will count the time that you lived together to determine the rest of the divorce proceedings.

Dividing Property

When dividing up property and assets, the state starts at the property that you owned together since 2013. Even if you lived together for ten years at that point, they will only count the property and assets that you got from that point on.

Hire a Lawyer

Don't forget to hire a lawyer.You should never go through a divorce alone. You need an experienced lawyer on your side to make sure that you are protected and can find a divorce settlement that works for you.

Meditation

Consider using mediation. Since the courts have their own way of dealing with your property and assets, many same-sex couples go through mediation. It allows you to end the marriage on better terms and divide up your assets the way that you want to.

Conclusion

Getting divorced is never easy. If you are in a same-sex marriage, it can be even harder. Legally, you could have acted married for years before you ever did get married. This can really change your divorce proceedings. For this reason, many same-sex couples try to go through mediation and settle everything outside of the court system. If you can work together to come up with a settlement, it is going to be much better for everyone.

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

How Does the Length of a Marriage Affect Spousal Support?

Monday, June 29, 2020

There are many aspects of marriage to consider when calculating spousal support when filing for a divorce. However, one of the more crucial aspects is the length of the marriage. The length of your marriage not only factors into how much you get, but how long you will get it for, and even if you will receive spousal support at all.

Shorter Marriage

Typically, those who have been married for a long time, usually more than ten years, will receive a lengthy spousal support period. However, the length will also be extended if the spouse asking for support does not work or makes a small amount of income.

For example, if a grocery store worker divorced a millionaire after a year of marriage, they will likely get no spousal support from the marriage. They weren't married very long and were able to support themselves just a year ago. Now, they can do it again. Even if they quit their job during the marriage, it is one they could get again without much difficulty.

Longer Marriage

Now, take a dissolving 30-year marriage where one party is a sole earner and the other has been a house-maker for the past 20 years. It is likely that the non-working party will get a long-term or lifetime of spousal support. This is because they have been out of the workforce for so long that it would be difficult for them to become gainfully employed.

Learn More About Spousal Support

It is likely that your marriage falls in between these two extremes. Typically, what the standard couple will be looking at is a limited spousal support award based on the length of your marriage. This will allow the lesser earning party an adjustment period after the divorce, but the payments will end eventually.

Are you going through a tough divorce and need help? Contact us today to see what Jamra & Jamra can do to help you get through this difficult experience.