California Divorce:  Custody Issues with Teenagers

September 1, 2018 By

Do you have a teenager?  If so, you’ll want to know what rules are specific to teens when it comes to custody.  This article will focus specifically on teens and outline some of the rules and considerations that will help you create a smoother experience for your teen in coping with divorce and change.

 

  • Does my teenager have a say in custody?  Typically, yes.

 

Children of any age can address the court, but as per Family Code 3042, children 14 years of age or older specifically can address the court regarding custody and visitation, unless the court determines that it is not in the child’s best interest.  This means that unless there is a special circumstance, your teenager will get to have a voice in the process if he or she so desires.

 

  • Will it matter what my teenager’s preferences are?  Typically, yes.

 

California judges must promote the best interest in the child after considering the factors, which can include the preference of the child.  There is no exact formula as to the weight the child’s preference has in the overall determination. What this means is that your teenager’s choice isn’t necessarily the final answer, but it will likely weigh into the judge’s decision.

 

  • How does the court hear the teen’s preferences?

 

The judge has discretion to talk to the child in open court or in chambers. The parents may be present but they may not.  The judge has a wide latitude in determining how to get the information needed, and as always must take into consideration the best interest of each child.

 

  • What issues should I think through with my teenager and the divorce?

 

Often teens go through a lot of changes at this time of their lives, so you can probably expect some adjustment challenges that may need to overcome.  Does your teenager have a car that will enable the teen to ignore custody plans? Do you and the other parent have similar rules for curfew, financial support of the teen, etc.?  What will be your strategy if your teen’s preferences for custody change over time? A wise parent will think through the potential issues and challenges that may arise with the teen and talk about those issues before they become big problems.

 

  • Can I modify the custody arrangement?  What if my teenagers preferences change?  Yes.

 

Yes, the existing custody order may be modified when there has been a change in circumstances. It may be that the teen’s preference is the change in circumstances, or it may be that other changes are prompting a modification. Again, the court will consider what suits the best interest in the child and will consider all the same factors that were used initially to establish custody. The teen can play a role in voicing opinions for the modification just as the teen’s preferences factored into the original custody determination.

You teenager is going through a lot of changes themselves and in their environment, so a divorce can be an additional stress.  However, your teen is likely also more capable of understanding and processing the divorce process than small children, and the opportunity for your teen to participate in the custody process can be a step in the right direction of helping them navigate the future.

Filed Under: Divorce Lawyer

5 Strategies for a Successful Financial Divorce Settlement

July 25, 2018 By

You are probably new to the divorce process, so you may be at a loss on how to successfully negotiate the financial side of your divorce settlement.  This article will highlight five of the most important strategies for success in sorting out the money side.

  1. Be prepared to change your mind and don’t draw lines in the sand with the other party until you know what’s for certain the best course of action for you. Over the course of a separation and divorce process, one or both parties often have a change of perspective on what’s the best course of action.  For example, initially a party may want to keep the home or sell the home. Often expectations of custody arrangement play into this, where on parent may want to keep the home to keep the stability for the children in terms of schools, neighbors, activity programs, etc.  As the terms of child custody become clearer, you may find it more advantageous to sell the home or rent it, or your original plan may end up being the best.  Your goal is to look after the best interest of yourself and your children, so it’s often best to avoid drawing lines or going to battle until you know for sure what you want. You don’t want to pen yourself into a decision that ends up being disadvantageous.
  1. Look into the tax consequences and financing realities of each decision course. Initially couples tend to gravitate to simple solutions:  sell the house, sell the business, have one spouse buy the other out, etc.  This may be the best for you, but it may not.  Talk to a professional about the tax implications of each course of action.  For example, if you have to liquidate tax deferred investments in order to finance a buy out, then it may not be in your best interest to do so.  If selling a business at this juncture will significantly impact its value, maybe that is not the right decision. Talk to the experts and open your mind to solutions that may initially be more complicated, but may pay big over the long haul.
  1. Be conservative and avoid making big decisions until your divorce is finalized. Negotiating the finances is emotional and stressful for all parties involved, and it is typically a very bad time to make huge changes in your life. Avoid changing or quitting a job during this time if possible. Keep the status quo as much as possible financially. Don’t do anything to destroy value in any of your assets or to hide income or assets from the other spouse. 
  1. Try to settle quickly and efficiently. Some cases cannot be settled and in those instances you should feel entitled to enforce your rights.  However, in many instances a negotiated settlement saves money for both parties.  To the extent you can, take your emotions out of the picture and look at the numbers.  Educate yourself as soon as possible on the options and the ramifications of each option. The more you can take the lead in finding meeting ground that is favorable to you and acceptable to the other party, the faster your finances will be settled and you can move forward.  Typically neither party will benefit from dragging the process out. 
  1. Consult the right people. You will get a lot of advice from family, friends and coworkers. Listen to that advice and take it for what it is worth. However, take the time to consult people with experience and knowledge. The final decision is always in your hands, but the right professionals can give you the information necessary to make good decisions.
Filed Under: Divorce Lawyer, Fairfield Lawyer, Vacaville Attorney, Vacaville Lawyer

3 Basic Facts You Need to Know about Custody in California

June 7, 2018 By

That you love your kids is a given, so if you are considering a divorce, you are probably wondering what will happen to your children and how will the divorce impact your parenting.  This article will discuss three basic facts about custody, which will help you plan for the future.

What is legal custody and what is physical custody?

  • Custody is the legal rights and responsibilities of the parents or caretakers. Visitation is how and when each parent spends time with each child. Either parent can have sole custody of the child, or the parents can share the custody.
  • Legal custody involves the right to make decisions on behalf of your children relating to school, health care, etc.  Physical custody refers to where the kids actually live.
  • It is common for sole physical custody to be granted to one parent and then visitation to the other. For legal custody, the preference if for the parents to share legal custody.  Joint legal custody can be tricky because it means that the parents must share in the making the important decisions for their children.

What are some common schedules?

  • Schedules can vary as per the best interest of the child, but some that are commonly used are as follows:
    • For joint physical custody, common schedules include one week per each parent, 2-2-3 schedules where a parent has Mon/Tues, the other parent has Wed/Thursday and the first parent has Friday, Sat Sun.  
    • For sole custody, weekend visits from Friday-Sunday with one or two weekday visits.

Can the court favor one gender over another?

  • No, the judge cannot favor one gender over another.
  • The standard question in any analysis is what is in the best interest of the children.
  • Judges have discretion, which allows for gray areas and wiggle room.
  • Bonding is an important factor in child custody cases, and goes to the emotional attachment a child and parent have.  

 

Filed Under: Divorce Lawyer, Fairfield Lawyer, Family Law

5 Best Practices to Help Your Children Cope with Divorce

June 1, 2018 By

Divorce doesn’t mean your children have to suffer. You can help your children cope with the changes that inevitably come with divorce. This article will focus on what you can do, independently of the other parent, to help your children navigate the divorce and successfully adjust.

  • Speak respectfully about the other parent.

Although divorce is often an adversarial process with the ex-spouse, your children will be benefited by your protecting them from the battle. Speak respectfully of the other parent. Try to avoid venting to your children about what the other parent is wrong. This can place the child in an uncomfortable position of feeling forced to take sides.

  • Clearly communicate with the other parent and your children.

Clear communication is key to setting expectations. If you are organized, plan things out, and convey meaningful and firm messages then everyone will benefit.  When a parent assumes various schedules, meeting places or other expectations, then the situation is ripe for misunderstandings and inconvenience. Often text or email communication can prevent problems.

  • Express love to your children every day.

Your kids are going through a hard time and need you now more than ever.  Remember to tell them every day that you love them. Try to show them through your actions that they are important to you and you care about them. Be supportive. Listen to their concerns and comfort them when they are sad.

  • Allow your children to grieve.

For some children, losing the one family unit can feel like a death, and they need time and space to grieve the loss.  Understand that they may go through the grief cycle of denial, anger, bargaining, depression and acceptance. Seek to understand the emotions and be supportive.

  • Keep calm and put your children first.

There will likely be many instances of anger, annoyance and frustration with your ex-spouse. Find a friend or a counselor to confide in. Remember that you are always setting an example for your children, so be the person that you want them to become.

The changes in your family can be an opportunity to show your children fortitude, sacrifice, leadership, forgiveness, communication and love.  Many parents who achieve the best outcomes for their children during the divorce process do so because they set goals for how to handle the ex-spouse appropriately and they achieve a reliable, safe space for their children to thrive in.  

Filed Under: Divorce Lawyer

Common Questions About Your Divorce in California

May 17, 2018 By

This article will examine some of questions that are commonly asked about the divorce process in California.  It will help you get a broad overview of the process and understand what to expect.

Do I have to wait 6 months to get divorced in California?

Yes, although the waiting period can be challenging for couples, six months is the minimum and its common for the divorce process to take longer than six months.

Can I remarry during the waiting period?

No, unfortunately you can’t remarry while you are waiting for the divorce to be finalized.

Why is date of separation important?

The separation date is important in determining what property is community property (must be split) and separate property.

Should I sell or mortgage the house while we are separated?

You’ll want to hold off on making major changes to assets or debts during the separation/divorce process.

Does it matter what state we live in?

Yes, in order to file for divorce in California you or your spouse must have lived in California for at least six months.  You also need to have lived in the county for at least three months.

What are some of the important factors for determining temporary child support?

Important factors in determining child support are each parent’s income and the amount of time each parent takes care of the child.  

Do I need to wait to get spousal support?

Spousal support can be granted with an Order to Show Cause early in the divorce process, so you do not need to wait until the divorce process has progressed for temporary spousal support.

What’s the general timeline of important steps in the divorce process?

  • The first step is a Petition with the Court and serving the Petition on the other spouse.  This marks the beginning of the waiting period.
  • The next step is responding to the Petition and perhaps an order to Show Cause if certain disputes are involved.
  • Hearings or mediation can be scheduled to resolve certain issues.
  • Dividing property is a step that will happen somewhere along the process. As part of this, discovery and disclosure of assets and obligations will be conducted.
  • Settlement Agreements occur where you and your spouse are able to reach an consensus.

While this is not a complete list, it gives an overview of some of the steps in the divorce process and helps you understand important questions relating to your divorce. For answers to specific questions you may have, consult with an attorney who has experience in family law to guide you through the sometimes intricate divorce process.

 

Filed Under: Divorce Lawyer

How to Know if Your Assets Are Being Split Fairly In Divorce

April 15, 2018 By

Whether you are just considering a divorce, starting the process or right in the middle of it, at some point you are going to wonder if you are getting a fair shake. An attorney can look at your particular assets and debts and tell you the best plan for you, but this article will provide general information about the landscape of asset division in California and educate you to ask the right questions about the facts of your case.

  • Why do I need to care about community property vs. separate property?

In general, California law requires community property to be split between the spouses 50/50, whereas separate property may be retained solely by the spouse who owns the separate property.  

  • What is Community Property?

California Family Code provides the general definition of community property:  “Except as otherwise provided by statute, all property, real or personal, wherever situation, acquired by a married person during the marriage while domiciled in this state is community property.”

  • What is Separate Property?

California Family Code defines separate property in several sections, but the section that is broadest is as follows:  Separate property of a married person includes the following: 1) all property owned by the person before marriage, 2) all property acquired by the person after marriage by gift, bequest, devise or descent, 3) the rents, issues, and profits of the property described in this section.

  • Commingled funds make characterization challenging:

Commingling is where both separate property and community property have been combined in such a way that the character of the property isn’t clearly apparent upon first analysis. For example:

  • Down payment or loan money for the purchase of a home came from a gift to only one spouse, but community property funds have been used to pay mortgage.
  • A premarital bank account from one spouse is used by both spouses after the marriage, so it contains both pre-marriage separate property and community property funds.  

These are just a few examples of the myriad of ways that funds can be commingled. The process of sorting these out through tracing, etc. is beyond the scope of this article, but advice from an experienced family law attorney can assist in identifying and proving the proper character of commingled assets.

  • Determining the value of assets?

A key issue in fair division of assets is assessing the value of an asset. This can be challenging for some assets, but thinking through how the value of each item will be assessed is an important step in making sure you are getting a fair division.  

  • Don’t forget about debts.

The focus of this article has been assets, but don’t forget to calculate in the value of your debts. For example, a mortgage on real property, school loans, and credit card debt should never be left out of the analysis.

This is just the tip of the iceberg to get you thinking through issues relating to identifying community property and assessing its value.  The division of money and time with the children are the two most important issues facing many couples in divorce, so a thorough analysis of these issues by an experienced family law attorney will help you understand the law and achieve a fair resolution.

 

Filed Under: Divorce Lawyer, Family Law, General Legal Advice

Men:  Who to Turn To If You Can’t Save Your Marriage and Divorce Is Imminent

April 4, 2018 By

Men, we know that it can be rough on you when you want to save your marriage, but you feel like there are issues that just can’t be resolved. When you reach that point, you may wonder what you should do to plan for the future.  Who should you turn to? This article will help you navigate the troubles that may come your way soon.

It’s never too early to educate yourself:  Consult an attorney who is experienced in divorce law.

Knowledge is power.  So, whether you’ve made the final decision or whether you are still in the mix of determining what to do, it’s never too early to consult with someone who can give you advice about your exact circumstances and assets. Here are some things you’ll want to discuss:

  • Children: discuss with your attorney how you can plan custody to best accommodate your work schedule and other commitments.
    • For example, what is your work schedule?  What is your spouse’s work schedule or does she primarily take care of the kids? Do you plan to move out of state?
  • Assets: Divorce is expensive for both parties because the assets will be split. Talk with your attorney about the assets you have and your preferred means of managing them in a divorce.
    • For example, do you want to sell the home or keep one spouse in it? Do you have a preference on dividing the cars?  Are there assets that have sentimental value or are meaningful to you in a way that goes beyond their monetary value?
  • Debts:  If you have school loans, car loans, credit card debt, mortgage debt, or any other kinds of debts, you need to plan for the division of these debts with your attorney.
    • Consider in advance any court costs that will be involved in the divorce, mediation fees, and legal fees.

Protect Your Mental Health and Amp up Your Physical Well-Being:  Turn to friends and family and other trusted advisors for encouragement.   

Plan for a tough time ahead. No matter how bad a marriage is, a divorce can still take a toll on both parties because it is a change. Things will be different.

  • Understand and anticipate powerful emotions.  During a divorce you may experience greater emotions of isolation, discouragement, despair, anger or bitterness.  Prepare for this by bolstering your own mental toughness.
    • Reach out to old friends. Go to lunch or the gym. Remember the good times.
    • Although you may not want to tell your family that divorce is imminent, it doesn’t hurt to contact them and renew family bonds so that those relationships are close for when you need the support.
  • Amp up your physical health. It’s common for men to forego their regular exercise or to take on bad eating habits during stressful events in their lives, and a divorce is commonly a stressful event that takes its toll on men’s health.
    • Do what works for you to keep yourself feeling good. Whether that’s setting fitness or nutrition goals, or working out with a buddy, or finding more time to be in nature, or running, etc., you need to do what works best for you personally to maintain good health.

Hard times are an inevitable part of a man’s life, and many guys will confirm that a divorce can be challenging.  If you prepare yourself with knowledge, protect your mental health, and amp up your physical well-being, you will be in a strong position to make the most out of the divorce process.

 

Filed Under: Divorce Lawyer, Vacaville Attorney, Vacaville Lawyer

How to Go After a Noncustodial Parent for Child Support

February 14, 2018 By

We’ve all heard of child support, which is the amount of money a court orders one or both parents to pay to support their children’s living expenses.  A common complaint is that one parent is not fulfilling his or her child support obligations.  This article will explain the procedure for enforcing child support and provide information on free resources to assist in the process.

  1. Get an Order. An Order is a written document by the Court that shows entitlement to child support.  A verbal promise from one spouse to another is not an Order.
  • If you and the other parent agree. If you do not have an Order, but you and the other parent can come to an agreement about the amount, then you memorialize that in writing and then the Judge will approve it if he or she feels it is in the best interest of the child.
  • If you and the other parent do not agree. If you do not have an Order, and you and the other parent cannot come to an agreement, then you will have to file an action for child support.
  1. Motion for Contempt. The next step, once you have the Order in hand, is to file a Motion for Contempt.  You have probably heard of being “in contempt” of court in a criminal matter.  In a civil matter, such as a divorce, a Motion for Contempt basically asserts to the Court that the other party has not obeyed the Court’s order.  If the Judge grants the Motion for Contempt, then the other parent can be ordered to pay fines or serve jail time.
  • Time limit. Timing is very important!  Be sure to file your Motion for Contempt within three years from the payment is due to avoid having the statute of limitations run.
  1. Driver’s License Penalties. If the payment is more than 30 days late on child support, the DMV may refuse to issue or renew a drivers’ license.  If the payment is more than 120 days late for child support, the State of California can revoke the non-paying parent’s license.
  1. Can interest be charged on missed support payments?  Yes, interest accrues at the rate of 10% per year.
  1. Available Resources.
  • If you are looking for other government resources relating to child support, visit childsup.ca.gov. This website is run by the California Department of Child Support Services and may have helpful resources to assist you.

 

Filed Under: Divorce Lawyer, Legal Advice, Vacaville Lawyer

3 Things to Know About the Discovery Process for a Divorce Case

January 17, 2018 By

If you are going through a divorce, you may hear terms that you don’t understand.  One of the terms that is heard often is “discovery.”  This article will explain the basics of discovery – what is discovery, what types of methods, and what types of information are produced– so that you can understand the procedures and terms that will be used in your divorce.  

1. What is discovery?

  • In legal cases, both parties need information.
  • The process for obtaining this information is called “discovery.”  
  • One question clients often ask is whether you can hide information or lie about it or say that it’s too private to disclose?  
    • In general spouses are under obligation to make a full and accurate disclosure and failure to do so can result in a Motion to Compel and ultimately sanctions.  However, your attorney is in the best position to assists you in properly responding in the discovery process.

2. What are the different means of discovery?  Here is a sample of some of the most used methods of obtaining information in the discovery process for a divorce case:

  • Depositions – interviews with parties or non-parties.
  • Interrogatories – written questions to the other party.
  • Requests for Admission – similar to an interrogatory because it is in writing, but with these you are not asking for information, you are asking for it to be admitted (i.e. confirmed or ratified).
  • Inspection Demand – where a party wants an opportunity to review certain documents or things.
  • Request for an Income and Expense Declaration. If support has been ordered (child, family or spousal support), then one party can use this to obtain production of a current income and expense declaration and income tax returns.

3. What types of information are typically discoverable in a divorce case?  The range of information that can be gleaned from discovery is very large.  In general, it covers any unprivileged information that is relevant to the case. In layman’s terms, it’s relevant if it could be admitted as evidence in the case or if it could lead to relevant evidence in the case.  Here are a few examples of the types of information that could be requested in discovery:

    • Employee payroll information – since this is important to proper division of community property and to determine child support and spousal report, this information is typically part of the discovery process.
    • Business Records or tax returns — If one of the parties has a business, then the information about the value of the business and its assets will be important to determine.
    • Information about where the child is – If one parent does not know the whereabouts of one or all of the children, this information can be obtained in discovery.
    • Domestic violence convictions – This type of conviction impacts the safety of the child.  Often one parent is aware of the history of child abuse or domestic violence of the other parent, but if not, this information could be found out through discovery.

 

Filed Under: Divorce Lawyer, General Legal Advice

5 Things You Should Know About Domestic Violence

December 10, 2017 By

If you are facing domestic violence charges or if you are a victim or a witness in a domestic violence case, you may have some basic questions.  

Can the victim “drop the charges”?  No, in a criminal case the victim is not the person bringing the charges.  In a civil suit, the plaintiff can choose to dismiss the case.  In a criminal case, the charges are brought by prosecutor, and the judge has the power to dismiss the case. The prosecutor has to have enough evidence to be able to convict the defendant, so the victim’s testimony may have an impact on the prosecutor’s ability to convict.  However, in many domestic violence cases, the prosecution has pictures, statements from the victim which may be admissible due to the particular circumstances, or other types of evidence that can be used in spite of a victim’s reluctance.      

Do the defendant and the victim have to be married for the crime to count as domestic violence?  No, the defendant and the victim just have to be in an intimate relationship (which includes but is not limited to marriage).  For example, domestic partners, currently or previously dating, living or lived together, have a child together can all qualify as an intimate relationship for a domestic violence charge.

Is domestic violence a felony or a misdemeanor level crime?  Each case is unique and the prosecutor determines the charges.  There are multiple different types of specific crimes relating to domestic violence.  In general, the extent of injury involved is one factor the prosecutor uses in determining how to charge, and the second factor is previous criminal convictions.  

Are there any possible defenses to a domestic violence charge? Yes, there are many potential defenses, and you should seek legal advice on the facts of your specific case. Self-defense is one common defense, where the defendant claims that he/she reasonably perceived an imminent threat, had a proportional response and was not the initial aggressor.  False allegations for manipulating child custody or divorce proceedings.  Here, the defendant shows that the witness has a motive to lie about facts, and did in fact lie about them.  Another tactic for winning these types of cases is to attack the level of proof presented.  The prosecutor must prove the crime beyond reasonable doubt and many domestic violence cases leave room for significant doubt about what was said and done. Another common defense is to show that the conduct was not willful, in the instances where a true accident occurred.

Is a domestic violence allegation a big deal? Yes, it can be, and it’s likely that you are going to want to hire an attorney to vigorously defend you.  Fines can be up to $6,000, and on rare occasions with enhancements even higher.  Penalties can include up to a year of jail for misdemeanors and several years for felonies.  Convictions can have consequences for your career as well, so it’s important to take a domestic violence allegation seriously.

 

Filed Under: Divorce Lawyer, Fairfield Lawyer, Family Law
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