“Flip or Flop” star Christina Haack and Joshua Hall each filed for divorce Tuesday in an Orange County court. Joshua requested spousal support (also known as alimony) and asked to terminate the court’s ability to award support to Christina, while Christina’s petition requested the court to terminate support for both parties. This case raises the question that faces many California divorce clients: Should you ask for spousal support?

This article will help you answer that question for yourself by providing an overview of spousal support based on information from Forbes’ guide on California alimony and the California Family Code Section 4320 and California Courts Self-Help Guide.

Types of Spousal Support

California recognizes two main types of spousal support:

1. Temporary Spousal Support: This type of support is awarded during the divorce proceedings to help the lower-earning spouse maintain financial stability until the final divorce decree. The primary aim is to preserve the status quo during the litigation process.
2. Permanent Spousal Support: Despite its name, this support is not necessarily lifelong. It is awarded once the divorce is finalized and is based on a variety of factors aimed at ensuring fairness and financial balance post-divorce.

Determining Spousal Support

The determination of spousal support in California is influenced by several factors, as outlined in California Family Code Section 4320. These factors help ensure a fair and equitable support arrangement:

• Length of the Marriage: Generally, the duration of the marriage plays a significant role in determining the length and amount of support. Marriages lasting ten years or more are often considered “long-term,” which can lead to longer support durations.
• Standard of Living: The court aims to ensure that both parties can maintain a lifestyle similar to what they enjoyed during the marriage. This involves assessing the standard of living established during the union.
• Earning Capacity and Job Market: The court evaluates the earning capacity of both spouses, including their marketable skills, job market conditions, and any need for additional education or training.
• Age and Health: The age and health of both parties are crucial factors, as these can impact their ability to earn an income and meet their financial needs.
• Contributions to the Marriage: Non-economic contributions, such as homemaking and supporting the other spouse’s career or education, are considered when determining support.
• Financial Needs and Obligations: The financial obligations and needs of both spouses, including debts and assets, are taken into account to ensure a balanced support arrangement.

Duration of Spousal Support

The duration of spousal support in California varies. For marriages lasting less than ten years, support typically lasts for half the length of the marriage. For longer marriages, the court has more discretion and may award support for a longer period. The goal is to provide the lower-earning spouse with enough time to become self-sufficient.

Modifications and Termination

Spousal support orders are not set in stone and can be modified if there is a significant change in circumstances, such as a change in income, employment status, or financial needs. Spousal support typically ends upon the remarriage of the recipient or the death of either party. Additionally, cohabitation with a new partner can also impact the support arrangement.

Retain an Experienced Family Law Attorney

At the Law Office of David Knecht, we have extensive experience in all aspects of California family law and can help you decide whether to seek spousal support in your divorce. We focus on serving clients in Solano, Napa and Yolo. Contact us today at 707-451-4502. For more information and assistance with spousal support and other family law matters, visit DavidKnechtLaw.com.

Kevin O’Leary recently made headlines when he appeared on Fox Business and revealed that he forces prenuptial agreements on his family and forbids them from merging finances with their partners. He explained, “You must, in this society, maintain your own financial identity. You have to. Because 50% of marriages end in divorce for financial stress over the first five years of marriage.” This article will discuss in depth why Kevin O’Leary says he forces prenups on family and why prenuptial agreements can be a good idea, not just for the rich and famous, but for any couple.

Why Kevin O’Leary Believes in Prenups

• Clarity and Security:
  • Prenups provide a clear understanding of financial expectations and responsibilities.
  • They ensure that both parties know their financial rights and obligations.
  • This clarity helps prevent misunderstandings and disputes in the future.
• Protecting Assets:
  • Prenups help protect family wealth and individual assets.
  • They ensure fair distribution of assets in case of divorce.
  • This protection is crucial for maintaining financial stability.
• Open Communication:
  • Discussing and agreeing on financial matters before marriage fosters transparency.
  • Open communication about finances builds trust between partners.
  • It sets a foundation for honest financial discussions throughout the marriage.

For more detail from the O’Leary interview, check out this article from Yahoo Finance.

Prenups: Not Just for the Rich and Famous

Contrary to popular belief, prenuptial agreements are not only for wealthy individuals or celebrities. NPR reports here that prenups are becoming more common among everyday couples. They can be particularly beneficial for these situations:

• Second Marriages:
  • Prenups are common for individuals entering second marriages because they may have already accumulated significant assets or debts or may have concerns specific to their children, such as assets set aside for college.
• Significant Assets or Debts:
  • Couples with significant assets or debts can benefit because a prenup can foster open communication and planning prior to marriage.
• Fair Division of Assets:
  • They can reduce conflict and legal costs during a separation.

Debunking Prenup Myths

There are many myths surrounding prenuptial agreements that can deter couples from considering them. Business Insider debunks several common misconceptions:

• Only for the Wealthy:
  • Myth: Prenups are only for the rich.
  • Reality: Prenups can benefit anyone, regardless of wealth.
• Signify Lack of Trust:
  • Myth: Prenups mean you don’t trust your partner.
  • Reality: Prenups are practical tools for financial planning and security.
• Complex and Unnecessary:
  • Myth: Prenups are overly complex and not needed.
  • Reality: Prenups can be straightforward and beneficial for clear financial planning.

David Knecht Law Can Help You

Whether you have significant assets or whether you are simply planning for the future, the attorneys at David Knecht Law can help you prepare a prenuptial agreement.  At the Law Office of David Knecht, we have extensive experience in all aspects of California family law. We focus on serving clients in Solano, Napa and Yolo. Contact us today at 707-451-4502.

If you follow Hollywood relationships, you may have seen headlines about Jennifer Lopez without her wedding ring. See https://www.yahoo.com/entertainment/jennifer-lopez-seemingly-ditches-wedding-123942100.html

Perhaps you’ve seen publicity about Billy Ray Cyrus unfollowing his fiancée. https://people.com/billy-ray-cyrus-firerose-unfollow-each-other-on-instagram-amid-divorce-filing-8661766

These are examples of how social media can be a powerful tool that can impact relationships with ex’s and children, especially during a divorce. This article will discuss the impact of social media on divorce proceedings, with suggestions on how you can avoid any negative repercussions of social media posting in your divorce case.

What does the scientific research tell us about the social media and divorce?

• Pew Research conducted a study of couples and social media. See https://www.pewresearch.org/internet/2014/02/11/couples-the-internet-and-social-media/
• Interestingly 2/3 of couples share passwords.
  • Consider changing passwords for all accounts during divorce, unless otherwise instructed by court order or your attorney.
• 27% of internet users in marriage or committed relationships have an email account they share with a parter, and 11% us social networking sites with a shared social media profile.

What are the risks of social media during a divorce?

• Potential evidence: assume that anything you post can be accessed and used against you, so make sure that you are not posting anything that you wouldn’t feel comfortable being seen by the court.
• Possible public disputes: Negative exchanges on social media can escalate tensions and complicate the divorce process.
• Impact on your children: With the emotional challenges your children are likely facing as part of the divorce, consider the impact any post about the situation may have on their feelings.

What are best practice recommendations for social media during a divorce?

• Think before your post. Be wary of posting about new relationships, lavish purchases, or any negative commentary on the court process.
• Adjust privacy settings to limit who can see your posts.
• Avoid posting any details or opinions about your divorce proceedings.
• Monitor tagged content. Don’t forget that even if you are careful, content by family and friends could still impact your case.
• Consider taking a break from social media during your divorce to avoid the pitfalls of online activity.

What are concerns to keep in mind with social media and co-parenting?

• Avoid public discussions and especially fights with your coparent through social media.
• Be aware that every source of communication may be a basis for a request for discovery later, so it may be easier to always communicate with your co-parent through one tool.
  • If you use messaging from multiple accounts, emails, texts, etc. then you’ll likely later have to pull up all those different messages, which can be inconvenient and time consuming.
• Monitor your children’s online activity. Your parenting practices and habits may be an issue in your case, so you want to be assured that your child is not using social media in a way that could make you look like a parent who is not actively involved.

David Knecht Law Can Help

At David Knecht Law, we have extensive experience guiding clients through the intricacies of divorce and co-parenting, including the challenges posed by social media. Our team can help you develop strategies to protect your interests and navigate the legal landscape effectively. At the Law Office of David Knecht, we have extensive experience in all aspects of family law, and we focus on serving clients in Solano, Napa and Yolo. Contact us today at 707-451-4502.

If you are anticipating a deposition in your divorce, you may be a little nervous about how to do your best in answering the questions. This article is part 1 of a two-part list.

This article will suggest strategies for success in your divorce deposition with ideas that were originally published here: https://natlawreview.com/article/help-how-do-i-prepare-divorce-deposition. See also https://www.americanbar.org/groups/government_public/publications/public-lawyer/2022-winter/effective-witness-preparation/

Prepare by reviewing documents prior to the deposition.

• Prior to your deposition, you may want to review any documents that have already been filed to jog your memory about the details of events.

Plan to tell the truth.

• Talk with your attorney before the deposition about how to handle bad facts. Some witnesses feel tempted to lie to cover up facts that are potentially harmful to the case, but your attorney likely has a plan already on how to handle those facts.
• An article from Family Lawyer Magazine shared some helpful insight on what the author dubbed the “lying continuum”:
  • On the one hand, neither you nor your spouse is likely to go to jail for lying in a family law case.
  • On the other hand, lying in one area reduces your credibility in the case as a whole. The other side will be looking for evidence to show your lie, and you may get caught. Furthermore, the person that is lying often has a hard time keeping the story straight for the duration of the deposition or the case as a whole.
  • See https://familylawyermagazine.com/articles/preparing-for-deposition-what-client-needs-to-know/

Listen to the question.

• Listen to the question that was asked and answer only that question. You do not have to volunteer information.
  • For example, if the attorney were to ask, “Do you have a watch?” and you answered, “Yes, it’s 10 am,” this would be an example of where you did not answer the question. The answer would be yes or no only.
• You have many options on how to answer:
  • Yes, no, I don’t know, Can you explain the question, Can you explain this term? Etc.

Pause and think before answering.

• Taking time to ponder your answer can be very useful during a deposition. It allows a second for your attorney to object to the question if that is appropriate. A common reaction to the stress of questioning is to try to answer quickly, but taking time to think through is usually a much better approach.

Don’t expect to win the other side over.

• A common misconception with depositions is that this is your chance to win the other side over, so a witness may try to convince the opposing attorney of their position. This is typically a mistake. The opposing attorney’s job is to be a zealous advocate against you, so you can expect him or her to be incredulous of anything you say. Also, beware if the opposing counsel seems particularly nice, as they are not your friend and may want to trick you into talking more than you need to.

Contact an Experienced Divorce Attorney

At the Law Office of David Knecht, we have extensive experience in all aspects of family law. We will be by your side in all phases of your divorce process, including preparing for your deposition. Contact us today at 707-451-4502.

In a divorce case, both parties have the right to find out information through a process called discovery. Discovery can be in the form of written questions, requests for documents, or depositions. A deposition allows opposing counsel prior to trial to question a witness who is sworn to tell the truth. This article will explain basic information relating to deposition with information originally published here: https://natlawreview.com/article/help-how-do-i-prepare-divorce-deposition

How long is a deposition?

• Typically, not more than seven total hours, although there are some exceptions.
  • See https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-2025-290/

Who is present?

• Your attorney and the opposing counsel will be present. Your spouse may also be there. Any other attorneys, such as a Guardian Ad Litem, will also be at the deposition, and a court reporter.

What is the purpose of the deposition?

• The opposing counsel has several objectives 1) to discover what you will say at trial 2) to commit you to statements under oath to prevent you from changing your story, 3) to gauge your likeability and credibility.

When will my attorney object to questions at a deposition?

• Your attorney may raise many objections during the course of the deposition, and here are some examples derived from this article: https://www.clio.com/blog/deposition-objections-cheat-sheet/
  • Form of the question, such as vague, compound question, unclear or confusing
  • Relevance of the question, with the purpose to weed out questions that are unnecessarily harmful or time wasting.
  • There are certain relationships, such as attorney-client, where the communications are protected.
  • Asked and answered. This is an objection that is used when the attorney is defending the client from badgering from an attorney who keeps asking the same question over and over.
  • Legal conclusion. If the question calls for a legal conclusion, as opposed to facts, then this objection applies.
  • Mischaracterization of testimony. In the deposition, the attorney may misrepresent an earlier answer in a subsequent question.
• It is your attorney’s job to make the objections and to tell you whether to answer the question, but it can be helpful to be aware that objections may be made.

What if I need to delay a scheduled deposition?

• If you have a legitimate reason for delaying your deposition, you can request a reschedule. For example, the actress Morena Baccarin recently requested a delay in her deposition in a contentious divorce case due to the stress it would cause in her pregnancy. See https://ca.movies.yahoo.com/news/morena-baccarin-says-her-pregnancy-170212868.html

 Contact an Experienced Divorce Attorney

At the Law Office of David Knecht, we have extensive experience in all aspects of family law. We will be by your side in all phases of your divorce process, including preparing for your deposition. Contact us today at 707-451-4502.

One of the most common concerns during or after a divorce is a coparent alienating a child against the other parent. Alienation is where one parent intentionally uses tactics to manipulate the child to fear or dislike the other parent. In California, parental alienation is not a crime, but it can be a factor in determining custody and visitation. This article will give examples of illustration, discuss legal strategies for documenting evidence to support a claim of alienation in litigation, and discuss non-legal practices for helping your children resist the harmful effects of alienation with ideas originally published here: https://www.consciouscoparentinginstitute.com/how-do-i-get-my-co-parent-to-stop-alienating/

What are examples alienation tactics?

• Telling a child lies about the other parent.
• Keeping important information about the child from the other parent.
• Ignoring custody orders.
• Undermining the other parent’s authority.
• Preventing contact or communication between the child and the other parent.
• Attempts to ruin the other parent’s visitation or custody time.

What legal strategies can be used to combat parental alienation?

• Allegations of parental alienation are usually only effective if they are supported by evidence, so the first step of a legal strategy is documentation of the tactics.
• Parenting time – keep detailed notes of parenting time to document when the other parent tries to manipulate your child against you.
• Witnesses – any third party observer of the other parent’s manipulations can be helpful to bolster your case.
• Documents and pictures – text messages, emails, pictures, social media posts, or any other written or photographic evidence can be helpful in proving your case.

What techniques can I use to help my children resist the harmful effect of alienation?

• Mirror strength – how you react will be a model for your children. If you respond to their rejection with calmness and love, this will show them that your love is unconditional and help them see through the lies that the other parent is telling.
• Take back your power – recognize that you cannot change another person, but you are in complete control of yourself. Rather than focusing on the negative narrative that the ex is spinning, create a positive story for your children by always taking the high road. Treat your ex and the children with respect, and over time, your children will grow to understand what is really going on.
• Take proactive action – communicate consciously, plan ahead, use email and text so that you don’t end up in verbal altercations with the other parent. Contact a family law attorney, and take the recommended steps to fight the alienation to the extent that you can through the court system. Most importantly, put in the work to be there for your children in every way. Believe and live with the mantra that “Love always wins.”

Contact an Experienced California Family Law Attorney

If you have questions about parental alienation or any other aspect of California family law, contact us today. At the Law Office of David Knecht, we have extensive experience in all aspects of family law, and can help you with divorce, modification, prenuptial agreements, or any other family law issue. Contact us today at 707-451-4502.