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. 



Filed Under: Divorce Advice, Divorce Lawyer

The Importance of Full Disclosure in California Divorce Cases

A June 2023 unpublished opinion from Los Angeles County reaffirms the importance of full disclosure in divorce cases. This article will summarize the case and highlight the takeaways for divorce law in California.

What were the basic facts of Frausto v. Frausto?

  • Although this was an unpublished case, it provides an interesting case study on the issue of undisclosed assets in a divorce. 
  • Over 20 years after the court entered a final judgment, the ex-wife filed a petition to adjudicate the ex-husband’s pension, which had not been disclosed. 
  • As per the California Family Code, there is no time limit on the court’s jurisdiction to adjudicate assets that were not disclosed.
  • The court affirmed the order granting the ex-wife an interest in the pension. 

What are the takeaways from this case for a California divorce? 

  • Failure to fully disclose assets in a California divorce will not prevent an ex-spouse from later winning a claim against the undisclosed assets. 
  • The court will not impose a time limit on a former spouse’s claim to undisclosed assets. 
  • The family court has continuing jurisdiction of undisclosed assets, and that continuing jurisdiction can last a long time (20 years in the Frausto case!).  

What are my options if I think that my spouse his assets, but my divorce is final?

  • This case shows that one option if you think an ex-spouse has hidden assets is to petition the court for a share of the asset.
  • An important consideration is to bring your claim as soon as possible. As this case shows, a delay in pursing a claim against an undisclosed assets is not fatal to your claim (the court held that it was not compelled to consider the defense of laches in the Frausto case). However, you can anticipate that your ex-spouse may raise equity as a defense if there is an unreasonable delay in pursing your claim against the undisclosed asset.  

Contact an Experienced Divorce Attorney

Whether you are just beginning your divorce, in the middle, or have post-judgment issues to resolve, at the Law Office of David Knecht, we are here to help you! We have extensive experience with family law which includes all matters concerning divorce in California.  Contact us at 707-451-4502. 



Filed Under: Divorce Attorney, Divorce Lawyer, Divorce Planning

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. 



Filed Under: Divorce Advice, Divorce Attorney, Divorce Lawyer

Divorce and Healing

In a recent New York Times piece, the author describes how close friends became a parachute for her emotionally when she was left untethered and metaphorically free-falling alone after her divorce. 

If you are in the middle of a California divorce or rebuilding your life after finalizing your divorce, you may wonder how to find yourself again. Healing is possible, with healthy coping skills and time. This article will summarize suggestions from physchologytoday.com for healing during and after a divorce.

What are some key takeaways about divorce and healing?

Remember that you CAN heal from divorce with time and effort. 

  • Divorce involves stages of recovery and it takes time
  • Recovery requires a commitment to positive coping skills
  • Healing can take an average of one to two years

What are the do’s and don’ts in the acute phase of divorce trauma?

The acute phase is when you are in the initial shock of the changes in your life.

  • Do understand that this is a triage time and not the rest of your life. Keeping a perspective will help you cope with the trauma in this initial stage. 
  • Do focus on sleep, good health habits, friends and family. 
  • Don’t fall into bad habits with drugs and alcohol.

What is the acceptance phase of divorce healing?

The acceptance phase of divorce healing is a time of strong and extreme emotions. You may swing from anger to grief to guilt, shame or relief.

  • Remember that all feelings are ok
  • Listen to yourself and allow yourself to experience the emotions fully.
  • Find a close family member, friend or therapist to confide you feelings. Expressing them aloud can help you work through them.

 What is the adjustment phase of divorce healing?

The adjustment phase is when you adapt to your new life. 

  • Begin to create a plan for your new financial situation and parenting
  • Consider joining a support group
  • During this time you’ll notice that you are starting to think more clearly and feel more positive about the future. 

Contact an Experienced Divorce Firm

One way to facilitate the healing process in or after a divorce is to choose experienced legal counsel. A family law attorney who knows the system and is willing to take the time to get to know you and your case will help prevent the trauma that can come from becoming a victim to the legal system. Having excellent representation will take some of the stress of the divorce off your shoulders. 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. 

Filed Under: Divorce Lawyer

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. 



Filed Under: Divorce Advice, Divorce Attorney, Divorce Lawyer, Divorce Planning

Considering Divorce? 3 Things You Need to Know

An article published on Parents.com was authored by a woman who was both a mother and a divorce lawyer and discussed what she wished all clients knew prior to a divorce. This article summarizes the article with a list of 5 things you need to know if you are considering divorce. The article can be found in its entirety here: Understand Your Finances. 

  • Money is clearly and important issue in divorce, yet it is surprising how many people are in the dark about their spouse’s finances. 
  • Find out about your spouse’s income. Are they an employee or independent contractor? Are they contributing to retirement accounts? Do they have other investment properties, stock holdings, or other investments?
  • Figure out your debts. Do you have the credit card bills? Do you know the monthly mortgage amount? Who pays for the car insurance and how much is it? 
  • Although understanding the financial system seems very basic and obvious, many people do not have the documents or online access at their fingertips, and getting this access prior to the divorce will be very beneficial down the road. 

Figure Out Your Monthly Expenses

  • Do you know where your money goes every month? This is often important to know down the road for spousal support. 
  • Try to identify where the money is spent on housing, utilities, health insurance, food, phone services, tv and internet, education, charitable donations, etc. 
  • Organizing your proof of these expenses by having the credit card and bank information at your fingertips will save you time later. 
  • 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. )
  • Be aware of red flags, such as sudden changes in spending habits by one spouse. It is not unusual for a spouse who is considering divorce to try to reduce spending in the months prior or to cancel bills before they come under the court’s scrutiny.  

Many divorces are resolved by settlement, so begin considering your divorce goals.  

  • Most divorces are resolved through a mutually agreed settlement by the parties, so if you are thinking about divorce, it is helpful to analyze your feelings about various settlement possibilities before the divorce even commences. 
  • If you have children, consider their ages, preferences and education. Look realistically at what physical custody you think will be in their best interest. 
  • Decide about assets, such as whether you want to keep possession of the home, whether there are keepsakes that you want to be yours in the divorce, etc. 
  • Try to think long term. A common mistake when parties begin a divorce is short term thinking because it is hard to imagine what life will be like down the road ten years, but the decisions you make with your divorce strategy will have far-reaching consequences. 

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. 



Filed Under: Divorce Lawyer, Divorce Planning

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. 

 

Filed Under: Divorce Advice, Divorce Attorney, Divorce Lawyer

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. 

 

Filed Under: Divorce Advice, Divorce Attorney, Divorce Lawyer

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. 

 

Filed Under: Divorce Advice, Divorce Attorney, Divorce Lawyer

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.

Filed Under: Divorce Advice, Divorce Attorney, Divorce Lawyer, Divorce Planning
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