3 Myths and Misconceptions about Postnuptial Agreements in California

If you are planning to get married, you may be getting advice from family or friends encouraging you to get a “prenup.” A prenuptial agreement is contract entered into prior to marriage that often contains provisions for property and debt division in the event of a divorce. This article addresses some of the common myths and misconceptions regarding prenup agreements.  

  A prenup dooms your marriage. 

  • Asking your loved one to sign a prenup is not very romantic, but often marriage involves challenges where thoughtful planning and communication can trump the romance and assumptions that come in the courtship stage, which is why loving relatives and friends urge couples to keep the romance alive later in the marriage by tackling tough topics before conflicts arise. 
  • Asking for a prenup is not bucking a trend, but rather following it. As reported on mediate.com, 44% of singles think a prenup is a good idea and 15% of divorcing couples wish they had signed a prenup. 

Prenups are expensive to get or are just for rich people

  • Truth is, not matter how much or little money you have, everyone at some level cares about money because it is the way we survive. 
  • You may have student loans or credit card debts or may plan to incur those during the marriage. 
  • You may inherit money during the marriage. 
  • You may want a safety net against your future spouse’s unhealthy behaviors (money toward addictions, uncontrolled spending, etc. )

Prenups are unfair 

  • The most widely publicized prenup cases are often those that are unfair to one spouse, but the norm is to create a balanced and fair agreement that effectuates the goals of both spouses. 
  • Both parties should be represented each by their own lawyer to ensure fairness in the prenup process. 

Contact an Experienced Family Lawyer

Many couples want a simple prenup that doesn’t break the bank and others want a complex contract that deals with significant assets and future income. Regardless of where you fall on the spectrum of cost and complexity, here at the Law Office of David Knecht, we have extensive experience in prenuptial agreements in California and can help you successfully prepare a contract within your budget that meets your goals. Contact us at 707-451-4502. 

 

How Can Prenuptial and Postnuptial Agreements Strengthen Marriages?

Many people are reluctant to broach the topic of a prenuptial or postnuptial agreement to their fiancée or spouse with the concern that it may be seen as a hostile or distrusting gesture, but in an article published at Forbes.com, the author (who is a wealth advisor and divorced parent herself) asserts that these types of agreements can actually strengthen marriage and can avoid disastrous consequences in divorce

Why talk about prenuptial agreements and postnuptial agreements before things go sour?

  • Life is unpredictable and marriage is difficult
  • Talking about challenging topics while the marriage is still good is better than waiting until the typically adversarial construct of a divorce
  • Money and communication are the two top reasons why people get divorced,

What is a prenup or postnup and why do you need one?

  • A prenup is a contract entered prior to marriage
  • A postnuptial agreement is similar to a prenup except that it is executed after a couple is already married. 
  • It commonly addresses spousal support and provisions of assets in a divorce
  • It’s not just for the rich and famous. Everyone has something worth protecting.
  • It can address property, debt, future inheritances and earnings. 
  • Information or documents that show assets and debts.

What are topics to consider in a prenup/postnup?

  • Division of assets and debts
  • Amount and duration of maintenance/alimony upon divorce
  • Ownership and use of property 
  • Trusts or wills

Can a prenup or postnup determine child custody or support?

  • No, parental responsibilities and child support are based on the best interest of the children, so they cannot be negotiated in advance of a marriage or divorce.

Contact an Experienced Family Lawyer

An experienced family lawyer can help you with a prenuptial or postnuptial agreement that can save time and anxiety in the future. At the Law Office of David Knecht we have extensive experience with family law in California and can help you successfully prepare these agreements. We look forward to assisting you.  Contact us at 707-451-4502. 

 

Preparation for Mediation in a Divorce Case

This article follows our previous introduction to mediation. This is part 2, which will provide information on how to prepare for mediation in a divorce case, with information derived from the California Court website.

 

Choosing the mediator

  • Selecting the mediator is an important decision in preparing for a successful mediation, and the right mediator is a very personal decision.
  • For some parties, an excellent mediator might be a former judge to provide experience and information on legal issues. 
  • For other parties, an excellent mediator might be one with the right temperament to fit the parties. Some mediators are more sensitive and collaborative and others tend to be more formal and commanding. 
  • The differences in mediators are as numerous as the differences in attorneys, judges and experts, so no two are alike, and you want to find one that you believe best fits your personality and the opposing party.

 

Understanding the process

  • Mediation can take different forms. In some cases, the mediator meets with each party separately. In other instances, the mediator might lead a discussion of both parties and counsel. In some instances attorneys will be present an in other instances, unrepresented parties seek to use the mediator without retaining and attorney. 

 

  • Find out ahead the time constraints of the parties and the mediator, so that you can properly pace yourself during the process. 

Ask yourself difficult and probing questions prior to the mediation

 

  • Seek to see the strengths and weaknesses of your own case. Be realistic in assessing your position. 

 

  • Try to understand.  Strive to analyze the arguments of the other party and contemplate how to address them. Are there solutions you can think of where all parties win?

 

  • Learn from the past but focus on the future. You cannot change the past, but you can learn from it. What do you know about your former spouse that will influence your decisions? How can you predict their behavior to foresee problems and challenges that may arise and how can those be addressed ahead of time in the mediation process?
  • Let go of emotion. This is one of the most difficult steps of mediation. A court case can never resolve the anger and hurt that is involved in most divorces, so expecting vindication is a barrier to an effective settlement. To the extent that you can view the case logically and impartially, this will help you understand and accept a result that may be in your best interest. 

CONSULT THE LAW OFFICE OF DAVID KNECHT

Mediation can be an emotional and challenging process, but it is an extremely important step in the divorce process where the right attorney can add tremendous value. At the Law Office of David Knecht, we have years of experience with divorce and specifically with divorce mediation. Call us today at 707-451-4502. 

 

What is Mediation for a Divorce Case?

This article will provide introductory information about the purpose of mediation, how it works and what to do to prepare for a divorce mediation with information derived from the California Court website.

What is divorce mediation?

  • It is a flexible dispute resolution process with an independent third party who helps to facilitate communication and solution-finding between parties to resolve their own dispute outside of the court system. 

Does the mediator take sides?

  • The mediator is intended to be a neutral party who does not take sides, make decisions, offer legal advice or reveal confidential information. 
  • However, an effective mediator may offer an opinion or share references to legal authority that may be on point for the question at hand. A mediator may provide context with information on how issues have been previously decided by the court.  

What if I have concerns about the process? 

  • If you have any concerns about the mediation process, you should raise those and make sure they are resolved to your satisfaction prior to proceeding. 
  • Some common concerns can include practical considerations like the billing rate of the mediator and your responsibility to pay, or legal concerns such as whether  a judge can make negative inferences against you if you do not settle or whether the information shared in mediation is confidential.
  • It is the mediator’s job to resolve any concerns that you may have prior to the process, and you should not be afraid to ask questions throughout the mediation process. 

 What are some best practices to ensure a successful mediation? 

  • Ask the mediator how to best utilize their services. The mediator often has experience and can guide you as to how to maximize their time and experience. 
  • Come ready to participate fully, honestly and courteously. 
  • Be willing to understand the other party’s arguments. This does not mean you need to agree with them, but understanding your opponent is a good step in finding out of the box solutions. 
  • Assess litigation costs and prospects realistically to yourself. You typically will not get everything you want in a mediation, so assessing the strengths and weaknesses of your case will help you focus on the wins that are most important to you. 

CONSULT THE LAW OFFICE OF DAVID KNECHT

There are many divorce lawyers, but not all family law attorneys have extensive experience. At the Law Office of David Knecht, we have years of experience with divorce and other family law issues. Additionally, we have a commitment to customize our approach to your specific needs and seek to understand your goals and help you achieve them. Call us at 707-451-4502. 

 

What are the Main Steps of a California Divorce?

This article will provide an overview of the divorce process with a summary of the information provided by the California Courts.

Getting a divorce in California takes at least six months. There are four main steps to getting divorced and they are the same whether you are married or in a domestic partnership. If you want a legal separation, the steps are the same, but there isn’t a required six month waiting period.

Start the divorce case.

  • One spouse files the papers and lets the other person know that the case has been started by serving the papers on that person.
  • Then the other spouse has a chance to file a response.

Share financial information.

  • The party that filed the papers must share financial information and the other party must also, if they are participating in the divorce process.
  • The documents are shared with the other party and then you file a form so that the judge knows you met this requirement.

Make decisions.  

  • You will need to decide how to divide property and debts, whether spousal support will be paid, and how to care for and support children (if appliable).
  • You can work together with your spouse to come to an agreement on these issues or you can ask the court to decide.

 Finalize the divorce. 

  • This last step involves filing a set of final paperwork. The court will review the forms to make sure that nothing is missing and there are not mistakes and the judge will sign the final form.
  • Visit this site for more information about finalizing a California divorce.

CONSULT THE LAW OFFICE OF DAVID KNECHT

If you need help with a divorce, contact the Law Office of David Knecht. Call us at 707-451-4502. We have extensive experience in family law and can help you feel confident and comfortable navigating a California divorce.

Property and Debt Division in a California Divorce

In a California divorce, even if the parties agree, a judge has to approve the division of property and debts through an order. You don’t necessarily have to go to court because a judge could approve an agreement between you and your spouse. If the parties don’t agree, the judge can make a determination for you at a hearing or a trial. Information in this article will help you better understand https://selfhelp.courts.ca.gov/divorce/property-debtsproperty and debt division in a California divorce with information sourced from online resources provided atx. 

 

  • What is property? 

 

  • Property has a formal definition, but in general it is anything that you can own, buy or sell. This includes real estate, bank accounts, life insurance, retirement and more. 

 

 

  • What are the categories of property and debts?

 

  • Community property is generally what you own together during your marriage and the debts that you owe together during your marriage. 

 

  • Separate property is generally what you each owned individually before you were married or after you separated and any gifts or inheritance or any debts you incurred before or after your marriage. 

 

 

  • Why is the date of separation important for categorizing assets and debts?

 

  • The date of separation is important because generally, from that day forward, what you or your spouse earned or loans that you take out are no longer community property. 

 

 

  •  What are the rules for the date of separation?

 

  • The separation date is the day that one of you let the other one know (by actions or words) that they wanted to end the marriage, provided that after that day, your or their actions were consistent with wanting the marriage to be over. 

 

 

  •  How can I tell if something is community property?
  • Generally, community property is anything you earned while married, anything you bought while married and debt that you incurred while married. 

 

Consult the Law Office of David Knecht

Property and debt division is one of the most important aspects of a divorce for most people. The information in this article is very general, but an experienced family law attorney can help you make your case to get the property to which you are entitled and fight to prevent your being saddled with debt that isn’t yours. Please contact us at the  Law Office of David Knecht. We have extensive experience with divorce and family law issues and can answer your questions. Call us at 707-451-4502.

 

Top 5 Reasons for Divorce According to Research

If you are considering divorce in California, you may be curious as to how your marriage stacks up with your peers and whether your reasons for getting divorced are similar to others in the same situation. This article will summarize some of the research in the area of why people get divorced. 

 

  •  Money 

 

 

 

  • Struggles with money can manifest themselves in many ways:
  • Challenges with debt
  • One spouse feeling like they contribute more financially to the other
  • Control over decision-making with the money
  • Communication about money

 

 

 

  • Lack of sympathy, respect or trust

 

 

 

 

  • No sex, bad sex or lack of sexual compatibility 

 

  • According to one study, an estimated 15% of couples have not had sex in the last year. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5889124/

 

  •  Growing apart, falling out love

 

 

  •  Cheating

 

Consult the Law Office of David Knecht

If you are considering divorce. please contact us at the  Law Office of David Knecht. We have extensive experience with divorce and family law issues and can answer your questions. Call us at 707-451-4502.

 

Overview of a California Divorce

If you are considering divorce, you may want a general overview of how the process works. This article will summarize the basic steps, with information derived from the California Court’s.

 

You get a divorce by initiating a court case. 

  • You don’t have to have a reason for wanting to get divorced or prove that anyone is at fault. California is a no fault divorce state where you can base the divorce solely on irreconcilable differences. 
  • You can get a divorce even if the other person doesn’t want one. 
  • If you’ve been married less than five years and have no children, you may qualify for an easier process called a summary dissolution. More information can be found here:  

 

California residency is required for a California divorce. 

  • You must have lived in California for the past 6 months.
  • You must have lived in your current California county for the past 3 months. 

 

Filing Fee.

  • You will have to pay a filing fee to initiate the divorce. 

 

 Service

 

  • You have to inform your spouse that papers have been filed. The formal way to do this is by service of process. 

 

Waiting period

 

  • There is a six month waiting period for the divorce to be final. 

 

 Information Sharing

 

  • You will have to share information with your spouse

 

 Familial and Financial Issue Resolution

  • You will either need to resolve child custody issues and financial issues with your spouse by agreement between the parties or through a decision by the court, which will be an order

 

CONTACT THE LAW OFFICE OF DAVID KNECHT FOR HELP WITH A CALIFORNIA DIVORCE

If you need help with a divorce in California, contact the  Law Office of David Knecht. We have extensive experience with family law in California including divorce, child custody, modifications and more. Contact us at 707-451-4502 for more information.  

 

Temporary Spousal Support in Solano County, California

An important issue in a divorce is temporary spousal or partner support. When one spouse files for divorce in California, either spouse/partner may request from the court an order for temporary spousal support.  This article will summarize important information published by the California Courts here, https://www.courts.ca.gov/1038.htm, which relates to temporary spousal support

  •  What is temporary spousal support?

Temporary spousal support is also commonly referred to as alimony. Before a divorce is final, upon the request of one of the parties, a judge may order that one spouse will pay money to the other spouse.

  •  What temporary spousal support formula is used in Solano County, California?

In Solano County, the courts use the “Santa Clara” formula, which comes from Rule 5.30, which can be found at the link below.  Some of the cities in Solano County include Benicia, Birds Landing, Dixon, Elmira, Fairfield, Rio Vista, Suisun City, Vacaville and Vallejo.

For more information about the rules applicable in Solano County, see this site: https://solano.courts.ca.gov/wp-content/uploads/2020/10/Solano_County_Local_Rules_Effective_2021-01-01_-_Rule_05.pdf

  •  How does the Santa Clara formula work for calculating temporary spousal support?

The support is generally calculated by taking 40% of the net income of the payor, minus 50% of the net income of the payee, adjusted for tax consequences. If there is a child support, temporary spousal or partner support is calculated on net income not allocated to child support and/or child-related expenses.

Resources for more information:

CONTACT THE LAW OFFICE OF DAVID KNECHT

If you are concerned about your ability to meet your daily expenses and need temporary spousal support or if you are the wage earner with questions about a potential request for temporary support, contact the  Law Office of David Knecht. We have extensive experience with divorce in California. Contact us at 707-451-4502 for more information.

 

Changing Spousal Support in California

With time, comes many changes, and this is often true of the circumstances in the years following a divorce. Many people find that their lives have changed significantly at some point after the divorce is final and they realize they need to change the spousal support order that is currently in place. This article will provide some basic information on how that is done and why it may be beneficial for you with information about changing spousal support in Caliofrnia summarized from ca.courts.gov: https://www.courts.ca.gov/1250.htm.

  • Can I change spousal support after the divorce is final?

Yes, you can change spousal support after the divorce is final if there has been a change in circumstances, but it is important to keep paying the full amount under your current order until you get the order changed, even if your situation has changed. Only the court can release you from your obligations, not the underlying circumstances. This is typically accomplished via a stipulation between the parties that is signed by the judge or a motion to the court requesting a modification of the spousal/partner support amount.

  • What is a change in circumstances to justify a change in spousal support?

A change in circumstances means that something significant has changed since the spousal or partner support order was made. This could be a variety of circumstances:

  1. perhaps the person paying has had a significant drop in income and can no longer afford the amount of support
  2. perhaps the person receiving the support has had a change where the support is no longer needed
  3. perhaps the person getting support is not making a good faith effort to become self-supporting
  •  Can the parties agree to a change in spousal support?

If the spouses or domestic partners can reach an agreement on the new amount of spousal or partner support, they can draft is up as an agreement/stipulation. It will then go to the judge for signature.

  •  Why is asking for a new court order right so important?

Spousal or partner support cannot be changed retroactively. This means if you wait, you will not be able to change the amount as to the date that your income went down. If you lost your job six months ago, but are only filing the paperwork now, the judge will not be able to go back to the date that you lost your job. The judge can only make the modification from the date that you filed the papers. Often people think that they might get a new job, or they may be too stressed or worried to prioritize changing the order, or they may have impediments like being in jail or out of state which may impede their ability to get the new order. While these are valid reasons for not requesting a new spousal support order, they will not be effective in changing the support modification to a retroactive date, so that is why it is very important to ask for a new court order right away.

CONTACT THE LAW OFFICE OF DAVID KNECHT

If you need assistance changing a spousal support order or if you have any other family law related questions, contact the  Law Office of David Knecht. We have extensive experience with family law in California. Contact us at 707-451-4502 for more information.