Archives for October 2018

Dating and Divorce: Can Dating Impact Your Divorce in California?

If you are in limbo during the sixth month waiting period for a California divorce, you may be wondering if you can start dating again. This article will discuss the ramifications dating may or may not have on your California divorce.

California is a no fault state, so dating will not impact your ability to get a divorce.

In California, you do not need to prove that one party did something “wrong” in order to file for divorce. Divorces are generally filed for “irreconcilable differences,” so if whether you are dating or not dating during the marriage or separation period is irrelevant to your divorce.

Dating could impact spousal support if you are living with the new boyfriend/girlfriend.

Section 4323 of the Family Code states: Except as otherwise agreed by the parties in writing, there is a rebuttable presumption, affecting the burden of proof, of decreased need for spousal support if the supported party is cohabitating with a nonmarital partner.

This does not mean that living with your new boyfriend/girlfriend will for sure impact the spousal support. With a rebuttable presumption, you can present evidence to show that your need for spousal support is not reduced by the cohabitation. For example, if you showed that the new partner did not provide any of the money used for the cohabitation, then that may be sufficient to overcome the presumption. The facts will vary depending on your circumstances, so consult with an attorney about your case, but the point of this section is to make you aware that living with someone new could impact your spousal support so that you can research the issue further.

Dating could impact custody.

The court will be looking at the best interest of the child to determine custody, so the person that you are dating could potentially impact that analysis in many ways:

Will the person you are dating be involved in child care?
Does the person you are dating have any criminal history?
Does the person that you are dating have history with your ex such that your ex may be able to argue that the person is a bad influence on the child?

The choice of whether to begin making friends or romantic connections before your divorce is final is one that faces many couples going through a divorce. Although dating may not impact your case itself directly, you should certainly consider all the collateral ways in which a new relationship may affect you and make an informed decision about how to incorporate someone new into your life.

Filed Under: Divorce Lawyer, Vacaville Attorney

5 Steps For Successfully Handling First DUI in California

Did you just get a DUI in California, and you don’t know what to do? This article will walk you through important information you need to know to navigate the system successfully.

Don’t forget about the Driver’s License Suspension or Revocation

After you are arrested for DUI, the officer will forward a copy of the form and your confiscated driver’s license to the DMV. You have just 10 days from your receipt of a suspension or revocation order to request a hearing with the DMV, otherwise your license will be automatically suspended or revoked. It is wise to retain an attorney immediately after a DUI arrest to assist you with fighting your driver’s license suspension or revocation.

Evaluate your finances.

Take time to evaluate your finances immediately. You may qualify for a public defender. If not, you may want to retain private counsel. Understanding your financial position and seeking help from family or friends if necessary can be advantageous to you in preparing a strong defense. Additionally, if you decide to accept a plea or are found guilty, you can anticipate paying fines, costs of counseling, future costs of an interlock device and SR-22 insurance when you get your license back.

Look for holes in the case against you.

This is extremely broad but of the utmost importance. An attorney can look at each aspect of your situation and see possible defenses. Don’t just assume that your case is lost before really analyzing every piece of what happened.
- Driving – Is there a question of whether you were the driver? What is the evidence of driving?
- Stop – What was the basis for the stop?
- Tests – Were the tests administered properly? Were there environmental, health or other factors at play that could have impacted the results?
- Time – Is the evidence linked in time to the driving, or were the tests performed significantly after the driving occurred?

Get an idea of whether you want to fight or enter a plea.

After you have consulted with an attorney about the viability of your defense, a good idea is to consider what you think your best course of action would be. Consider your employment situation. Look at a calendar. Make a thoughtful analysis to decide how you want to proceed. Some defendants turn over all the decision making power to their attorney, but it is important for you to realize that you are the client and the person in charge.

Never give up and do not look back.

Many defendants focus on what they could have done or should have done better in the past to prevent a criminal charge. This is good for helping you avoid criminal charges in the future, but otherwise focusing on the past is not productive. Look to the future. Talk to your attorney about the long term plans and expungement in the future. Plan to comply successfully with all the terms of your probation. Prepare to put the DUI behind you and know that you can have a bright future.

Filed Under: DUI

Why the Separation Date is Important for California Divorce

If you are considering a divorce in California, your separation date is a very important issue. This article will discuss why that date is significant.

The separation date defines the line between community property and separate property.

Community property in general is assets, income, or debts earned or acquired during the marriage.
Separate property in general is property owned before the marriage, property inherited or gifted to one part during the marriage, money from the rent or sale of a separate property, money earned while legally or physically separated from the spouse, and items given from one spouse to the other with the intention of designating it as separate property.

Community property is shared by the spouses, separate property belongs to the individual.

The separation date is important because the determination of the type of property determines how it is split. Community property is shared by the spouses. Separate property is for the individual.

How is the date of separation determined by a court?

If the date of separation is unclear or the parties disagree, the court will look at two methods for determining the effective date:

Objective test: Here the court will determine when you started living apart from each other. However, in some instances the spouses may be living in the same home but be physically separated within the home if the evidence suggests that the spouses unambiguous conduct indicates an intent to be separated.

Subjective test. Here the court will look at your conduct toward each other. At what point did one or both of you think you were done? When did you decide you no longer wanted to be married?

What should you watch out for?

The higher earner is typically incentivized to have a date of separation sooner rather than later. It is often in that person’s interest to have an earlier date so that more of the income or assets will be earned after the separation date.

In some cases, the date of separation is agreed upon by the parties, but this article should alert you to concerns and questions that may arise if the date of separation is contested. Consult with an attorney early in the process of considering a divorce to find out how to navigate the date of separation mostly advantageously to your case.

Filed Under: Divorce Lawyer