Final Chapter in Kevin Costner California Divorce?

In previous articles, we have following the legal divorce battle between Hollywood legend, Kevin Costner, and his wife of nearly 19 years, Christine Baumgartner. Now the couples has reportedly reached an amicable settlement,  and this article summarizes what appears to be the final chapter of the divorce saga as reported by USA Today.

 

The terms of the divorce settlement were not disclosed. 

  • The terms of the divorce settlement were not publicly disclosed, but it likely included terms relating to child support and legal fees. 

 

 The settlement resolved a contentious court battle. 

  • Baumgartner reportedly requested $175,057 in child support payments during a two-day Santa Barbara court hearing in August, according to People Magazine

 

  • The couple shares two sons, age 14 and 16, and a 13 year-old daughter. 

 

  • In the end, per People (see above), Kevin was ordered to pay $63,209 in monthly payments. 

 

 What is next for Christine?

  • During the child support hearing, Christine testified that she was going to have to find a job outside the home to support herself and her children. 

 

  • Although at the hearing, she did not specify the job that she planned, there are reports that she is considering a role on the Real Housewives

 

 Divorce lessons from Kevin and Christine.

  • Even with a prenuptial agreement in place, a divorce is not necessarily simple or inexpensive. 
  • As reported by Insider, Kevin was ordered to advance his wife $200,000 for attorney fees and $100,000 for expert costs. 

 

 

 

  • Some experts speculated that the money and the publicity were reasons why Kevin and Christing may have settled. The take-home lesson is that the cost and other downsides of litigation may be important factors in any divorce. 

Contact an Experienced Divorce Attorney

Whether your divorce is a high-profile, contentious litigation or a simple, more amicable split, we can help you here at the Law Office of David Knecht. We have extensive experience with family law, so we have can help you regardless of the issues that you face in your California divorce. Contact us today at 707-451-4502. 



Divorce in California and Children with Special Needs

Divorce for parents who have children with special needs can be challenging because issues of child custody, visitation, support and property division can be more complex to negotiate. This article will discuss some important considerations for divorce when children with special needs are involved.

 

 Special needs child custody.  

  • The custody arrangement may need to differ from those of a typical case because children with special needs often require more specialized care and attention. 

 

  • Special needs will likely impact the parenting plan and visitation schedule.

 

  • The non-custodial parent may need to provide additional financial support to cover the costs of any therapy or medical treatments. 

 

Legal custody for special needs children. 

  • Finding the right legal custody plan may be more challenging with a child with special needs because the special needs child may never grow into an ability to make decisions for themselves. 

 

  • For this reason, the legal ability to make decisions for the child’s welfare, such as medical, educational and religious choices may be much longer lasting for a child with special needs than for a typical child. 

 

 Challenges with special needs adults living at home. 

  • Divorcing couples may need to think through how potential challenges will be handled, such as a special needs child being aggressive or noncompliant with taking medications. 

 

  • If the special needs child is high functioning, divorcing parents may want to discuss future issues such as working, driving, access to money, etc.

 

  • Another issue that needs to be considered is how to handle respite care if one parent is taking regular care of the special needs adult, and how to pay for that care. 

 

 Estate planning. 

  • Special needs children may outlive both parents and still need care, so life insurance for the parents and other financial planning for the support of the special needs child is an important consideration in divorce. 

Contact an Experienced Divorce Attorney

At the Law Office of David Knecht, we have extensive experience with both family law and estate planning, so we can help ensure that all the issues are covered for a divorce involving special needs children. Contact us today at 707-451-4502. 



How to Change a Custody or Parent Time Order

Sometimes circumstances change after a divorce is final, and one or both parents may want to make change a custody or parent time order. If both parents agree to the change, then the process is to file a stipulation. If the parents do not agree, then the parent who wants the change must file a request for order. The court will also set a mediation date prior to the court date to give the parents an opportunity to come to an agreement. This article will summarize the information published by the California self-help website.

 

Step 1: Fill out a Request for Order form

  • The first step is to fill out a Request for Order form, which can be found here: 

 

  • This is where you tell the judge what the request is and why it is in the best interest of your child/children. 

 

  • If you are asking to change an existing order, make sure you use the original number.

 

Make copies. 

 

  • Make 2 copies of your forms. 

 

 Attach documents to support your case.  

  • Attach any documents that support your case, which could be anything from your work schedule, to school grades, to a list of extracurricular activities your child does, etc. 

 

  • Black out any information that is private and sensitive, such a social security numbers, birthdates, or other private information. 

 

  • You may want to include a witness statement. Go here for more information about witness statements: 

 

 File your forms and serve the other party.  

  • File the original and two copies and pay the fee (or get a fee waiver.)

 

  • The clerk will stamp the forms, write a hearing date, keep the original and give the copies back to you.

 

  • The next step is to serve the document on the other party. 

Contact an Experienced Divorce Attorney

If you need help making a modification, contact the Law Office of David Knecht. We have extensive experience with family law, so we can help you assess whether your modification is likely to succeed, and help you prepare the evidence to be successful in the getting the change that you want. Contact us today at 707-451-4502. 



Pets and Divorce in California Courts

Many people consider a dog or a cat to be a member of the family, so the custody of the beloved pet, emotional support or service animal can be one of the highest priorities in a California divorce. This article will summarize how the law treats the custody of pets.  

Where can I find the California law related to pet custody?

In 2019, a new California law changed the way pet custody is handled in California divorce cases. See California Family Code §2605.

Before this law was enacted, the courts treated animals as property to be awarded to one party or the other. Judges did not have a lot of guidance and had wide discretion on their decisions relating to animals. 

What are the legal standards for pet custody?

  • A judge can make temporary pet custody orders while the divorce is pending, which do not impact the final order
  • The judge has the power to award custody of the pet jointly to the spouses or to one spouse exclusively. The judge must consider which spouse has provided care for the pet, which includes food, medical, shelter and protection.
  • The judge can make a joint custody order where the pet “parents” will share time and medical decisions or the judge can award the pet to one of the spouses exclusively. 

How can you bolster your pet custody case?

Every case is unique, but some general principles in bolstering your pet custody case are the importance of caring for your pet and documenting your involvement. 

  • Keep a record of your care of the pet, including walking, feeding, grooming, and caring for your pet’s needs. 
  • If you have not been the primary caretaker of your pet, increase your involvement in meeting the pet’s daily needs. 
  • Consider what witnesses you may have to document your involvement with your pet. 

Contact an Experienced Divorce Firm

Family law is a unique subset of the law, so you need an attorney who has experience to help you navigate the system. If you need help with a pet custody issue or any concern relating to divorce or family law, contact the Law Office of David Knecht.  We have extensive experience with family law and can help you succeed. Contact us at 707-451-4502. 

California Divorce: Lessons from Hollywood

A recent Hollywood divorce, Kevin Costner’s divorce from Christine Baumgartner, is an interesting case study of issues that can arise in a California divorce. This article will provide divorce takeaways, supported by a summary some of the interesting facets of this high-profile divorce with facts sourced from news reported by usmagazine.com

If you were blindsided by a divorce, you are in good company with Kevin Costner.

  • Costner and Baumgartner were married for over 19 years when she filed for divorce. 
  • A few months prior to the divorce filing, Costner posted his regrets for having to miss the 2023 Golden Globes and stated that his wife had a beautiful dress and he was looking forward to walking down the read carpet with her.  
  • An anonymous source cited by US said that Costner was “deeply saddened” and was “blindsided by the split.”

A prenuptial agreement may not keep you out of court. 

  • Costner and Baumgartner reportedly had a prenuptial agreement, but this did not prent a court battle over where Baumgartner would live and personal possessions. 
  • Costner alleged in June 2023 court documents that in spite of a prenuptial agreement requiring her to move out within 30 days of filing for divorce, Baumgartner was refusing to move out of the marital home. 
  • The court subsequently ordered Baumgartner to vacate the marital home. 

It is not uncommon for a spouse to withdraw assets just prior to a divorce. 

  • Usmagazine.com cited court documents where Costner claimed that his estranged wife withdrew from his bank account and charged to his credit card a total of $95,000 for her divorce attorneys and accountant. 

One spouse may be more impacted financially by divorce than the other. 

  • Baumgartner claimed in June 2023 court documents cited by Us that she has no personal income and argued that she should not be ordered to leave the family home because she does not have enough money to ensure the children can maintain similar standards of living in the parties’ respective homes. 

One or both parties may be petty during the divorce process. 

  • According to Usmagazine.com, Baumgartner filed court docs in July 2023 claiming that Costner was worries she was going to take too many pots and pans when she moved out. 
  • The magazine also reported that Baumgartner alleged that Costner was kicking his children out of the home and was not willing to commit to paying an appropriate amount of child support.
  • As per Usmagazine.com, Costner reportedly denied he was kicking is children out of their home and claimed to be requesting the Christine vacate the separate property home and find alternative living arrangements.   

Contact an Experienced California Divorce Attorney

If some of these challenging circumstances from Hollywood divorce feel familiar to you as you contemplate or continue the divorce process, you are not alone. If Kevin Costner and Christine Baumgartner are emotionally and financially challenged by the divorce process, then it isn’t surprising that most other people have struggles with divorce. At the Law Office of David Knecht, we are here to help you! We understand the emotional and financial challenges that you will face, and we will use our extensive experience with family law to help support you and walk you through the legal challenges. Contact us today at 707-451-4502. 



Divorce Mediation Success Rate

According to a recent article published by mediate.com, divorce mediation has an 80% success rate for resolving divorces amicably. Many California couples find that they can use divorce mediation to end the marriage more amicably and faster than battling through the litigation process. This article explores the purpose and benefits of mediation as well as the factors influencing the success of mediation with information sourced from mediate.com.  

The purpose of mediation. 

  • Mediation is voluntary. 
  • Mediation encourages open communication and compromise.
  • The mediator is a neutral third party whose goal is to facilitate a resolution that is acceptable to both parties. 
  • The mediator can give parties unbiased opinions about the strengths and weaknesses of their legal arguments. 
  • The mediator is typically very experienced and can suggest various options to questions involving custody and/or property division.

 Factors influencing success of mediation. 

  • The presence of a neutral mediator balances power and facilitates productive discussions. 
  • The voluntary nature of mediation encourages commitment to finding solutions that work for both parties.
  • The flexibility of mediation allows couples to address concerns and options that are unique to their family and circumstances, which would be more customized than the solutions a court would generally impose. 

 

 Benefits of mediation. 

  • Cost-effectiveness.
  • Speed.
  • A healthier, more constructive transition to post-divorce life.
  • Promotes amicable resolutions, which can help reduce the stress and anxiety of children caught in the divorce process. 
  • Creativity in solution finding is much easier through mediation.

Contact an Experienced Divorce Attorney

The statistics show that mediation can be an effective tool for divorcing couples, and having a knowledgeable and experienced attorney by your side during the mediation process can further facilitate the success of the process.  At the Law Office of David Knecht, we have extensive experience with divorce all other family law matters. Contact us at 707-451-4502. 



Tips for a Successful California Divorce Mediation

Abraham Lincoln’s famously advised: “A good settlement is better than a good lawsuit.” 

If you are anticipating divorce mediation, you are likely in agreement with Abraham Lincoln and want a good settlement, but you may be wondering how to make it effective and successful. This article will explore tips for a successful California divorce mediation with ideas summarized from an article published at ADRTimes.com

Build a deal, not a battle. 

  • In a fight, the goal is to win. In a mediation, the goal is resolution.
  • Your focus in mediation is to find solutions that benefit both parties. 
  • Try to see the other party’s point of view to open your mind to options that are good for everyone.

Focus on interests. 

  • An interest is a “want,” and a “position” is one way to satisfy a want. 
  • Focus on an interest, not a position. 
  • For example, both parties will likely have an interest in substantial and meaningful time with the children, but a position might be something like a specific parent time plan. 
  • Thinking outside the box of a specific plan with the goal of promoting the position of both parents needing time with their children will help everyone think outside the box and perhaps find a creative solution. 

 Be a patient problem solver. 

  • Many of the best ideas come later in the process. 
  • Initially, brainstorming as a problem solver where no idea is rejected or criticized is a way to build toward better ideas.
  • After many options have been identified, then the parties can evaluate them.

Work past the anger. 

  • At some point in the process, you will realize that you will not be getting everything you want and so will the other party. 
  • This is normal. A compromise is by its very nature not a win on all fronts. 
  • Some parties when their anger or frustration begins to rise want to cancel the mediation, but when both parties have reached this stage, it is often a sign that a compromise is close.

Be patient. 

  • Mediation involves change. 
  • It takes time for each side to understand or respect the interest of the other party. 
  • Often one or both parties come into the mediation with unrealistic expectations. 
  • Be patient to allow time for these changes to occur. 
  • Be willing to end the mediation without a final resolution but with an agreement to think through some of the ideas and work toward solutions in the future. 

Contact an Experienced California Divorce Attorney

You need an attorney to represent you who is confident in the mediation side of the divorce process as well as the litigation side so that you can reap the maximum benefit from every aspect of a divorce that is successful for you and your children. At the Law Office of David Knecht, we have extensive with divorce litigation and divorce mediation and we take pride in representing our clients with experience. We understand that divorce can be very challenging, and we are eager to help you feel confident as you navigate this difficult change in your life. Please contact us at 707-451-4502. 



Who Has a Better Chance of Getting Custody of the Kids in a California Divorce?

This article considers statistics relating to the physical custody of children and also the legal factors involved in these decisions.   

What are the statistics on physical custody?

 

These statistics are according to data published in 20202, which can be accessed here, 

  • Nearly 4 in 5 custodial parents were mothers. 
  • However, in more than half of the cases, the parties agree that the mother should have custody. 

Does this mean that there is a bias toward mother’s for physical custody? 

  • The legal standards, which will be described below, do not contain a gender bias. 
  • The statistics do not necessarily support the finding of a gender bias in the law because many of the parties surveyed had a parenting plan that was agreed upon by the parties and not based on a court award of custody. 

 

 What are the legal standards for determining physical custody?

 

Some of the factors that a judge may consider are listed on the self-help website of the California courts which can be accessed here. Factors that can be considered in determining the best interest of the child are the following:

  • Age and health of the child.
  • The emotional ties between the parents and the child.
  • The child’s ties to their school, home and community.
  • The ability of each parent to care for the child. 
  • Any history of family violence. 
  • Any regular and ongoing substance abuse by either parent. 

Contact an Experienced Divorce Firm

Each case is different, and whether you are a mother or father, the purpose of the family laws in California are to protect the best interest of your children. You need an attorney who understands family law and has the requisite experience to help you navigate the system. If you need help with any divorce issue or a other family law legal matter, contact the Law Office of David Knecht.  We have extensive experience with family law will listen to you and fight to achieve your goals. Contact us at 707-451-4502. 

Divorce and Depression in California

Divorce can be traumatic and can lead to temporary depression or even clinical severe depression. This article will explain symptoms to look for indicating divorce-related depression and share suggestions on how to move forward and feel better with material sourced from healthline.com.

Divorce Can Be Traumatic, Seeking Help Is Vital

Some statistics put the seriousness of divorce into perspective: A 2015 study of over 13,000 deaths concluded that recent divorce increases the odds of death by suicide by 1.6 times.

If you are dealing with severe depression, whether related to divorce or otherwise, seek professional help. There are many mental health resources with information available.

Signs and Symptoms of Divorce-Related Depression

What are some of the signs of divorce-related depression?

  • Ignoring responsibilities
  • Avoiding family and friends
  • Performing poorly at work

What are some of the symptoms of divorce-related depression?

  • Crying
  • Loss of appetite
  • Loss of interest in hobbies
  • Trouble sleeping
  • Irritability
  • Fatigue
  • Difficulty concentrating

Suicidal thoughts (if you are having suicidal thoughts, call the National Suicide Prevention Lifeline at 1-800-273-TALK (8255)

What are some suggestions for alleviating divorce-related depression?

  • Seek professional counseling
  • Write in a journal
  • Exercise
  • Focus on eating healthy
  • Pamper yourself
  • Socialize
  • Try to sleep

Contact an Experienced Divorce Firm

You will have many feelings and thoughts to process during and after a divorce because change is never easy for anyone, but remember that you can get through it and find a new normal. Finding the right attorney that can help you may alleviate some of the stress of the divorce process. You will feel more confident with an experienced attorney by your side. For help with any issue relating to divorce or family law, contact the Law Office of David Knecht.  We have extensive experience with family law and can help you feel confident, understood and supported. Contact us at 707-451-4502. 

How Should I Tell My School Aged Children About Divorce?

One of the most important and challenging conversations a parent can have with their children is telling them about a divorce. It’s a discussion that will likely always be remembered, so handling this topic is of utmost importance. This article summarizes content from divorcemag.com and provides a checklist for parents to guide them in breaking the news to their children in a positive way. The full article can be found here

Affirmation. 

  • Begin by affirming your love for the children and assuring them that you will always be their parent. Tell them that you will always be there for them, but there will be some changes in the family. 

Acknowledge Problems but Don’t Detail Them.

  • Acknowledge that there were problems in the marriage and that you tried to fix them, but do not go into detail about what you think your spouse did wrong. Those are adult issues and too complex and heavy or children, and also you do not want to place your children in a situation where they feel they have to take sides. Be clear with the children that they were in no way at fault and consider apologizing to them for impacting their lives with this new change. 

Consider Your Words. 

  • Consider your children and carefully choose your words. For example, the word “divorce” can be extremely triggering to some children, so you may want to start by calling it a separation. For other children, they may want or need a more direct explanation from you. Make a decision ahead of the conversation about the words you will use. 

Convey Security and Confidence. 

  • Your children need to know that both you and then will be ok. Avoid expressing insecurity about what will happen or how you will get by financially. Try to express confidence and security to your children so that they will feel safe to weather the changes. If one parent is moving out, it is helpful if they already have those arrangements in place so that they can tell the children where they will be and confirm to them that they will still be available and accessible. 

Have the Conversation Together with Your CoParent. 

  • Although emotions may be running high with your coparent, it is often beneficial to work jointly to deliver the message to the children. This can provide confidence to the children that both parents love them and will work together. Emphasize that you will both try to do your best to make the changes as easy on the children as possible. 

Contact an Experienced Family Lawyer

Even if you are just contemplating a divorce, but not certain that you want to go forward, contacting an experienced divorce attorney can be helpful. You can make a plan and know your options. At the Law Office of David Knecht, we have extensive experience helping clients with a California divorce, and we are happy to answer your family law questions. Contact us at 707-451-4502.