Santa Rosa Family Lawyer Blog

A few weeks ago our Santa Rosa divorce lawyer provided some recommendations on how clients can safeguard their online identities in order to protect themselves during turbulent divorces. Recently, an Ohio man learned firsthand how big a role Facebook can play in these difficult cases. The husband, Mark, and his wife, Elizabeth, were involved in an acrimonious divorce, child custody, and visitation case last year. They have one child together, a son, and the custody dispute has involved a great deal of emotional turmoil for both parents. Elizabeth had also lodged allegations of threats and abuse against her husband.

Even more trouble arose when Mark decided to use his Facebook page as an outlet for his hostile feelings towards Elizabeth. According to a USA Today article, Mark posted a comment to his page that said, among other things, "...if you are an evil vindictive woman who wants to ruin your husband's life and take your son's father away from him completely -- all you need to do is say that you're scared of your husband or domestic partner." Even though Mark had taken steps to keep his page private from his wife, she found out about the post anyway, probably through a mutual friend with access to Mark's profile.

When Elizabeth discovered what he had written, she called her attorney, who brought the matter to the court's attention. Due to Elizabeth's accusations of abuse, the domestic relations magistrate had previously granted her protection by ordering her soon-to-be ex to refrain from any activity that would cause his wife to experience physical or mental abuse. The magistrate determined that the Facebook rant was a violation of that order and found Mark in contempt of court. The magistrate judge told Mark that he could either post an apology or spend the next 60 days in jail. Not surprisingly, Mark chose the first option.

Our Santa Rosa divorce lawyers appreciate that this particular ruling has garnered a fair amount of media attention in the last few weeks. Attorneys and other advocates around the country have contributed to the debate over whether or not judges and magistrates should be able to threaten people with jail for what many say is a protected form of expression under the First Amendment. The husband's attorney argued that by posting online, Mark was merely expressing himself and that his comments were not intended to cause Elizabeth any distress. In fact, Mark thought that his wife would not be able to see the comments because he had removed her as a "friend" on Facebook and blocked her from seeing his profile.

Each Northern California family law attorney at our firm appreciates that disagreement about the appropriate balance between free speech principles and effects on divorce will continue to rage in the coming years. In any event, the story demonstrates how essential it is to not only protect your social media profiles during a divorce but also to take the time to think before posting anything derogatory about your spouse. All too often, especially in cases that involve intense emotion and conflict, internet posts can come back to haunt a spouse with severe (and unwanted) consequences.

See our related blog posts:

Safeguarding Your Internet Presence During a Divorce

Northern California Annulment/Nullity Attorney

Most local community members understand the basic idea of property distribution in a divorce. Property is deemed either marital or separate. At divorce, all property that is deemed marital will be split between the two spouses. Each individual spouse keeps their separate property. While that basic concept is somewhat simple, sorting out the details can be quite complex and contentious. Our Santa Rosa divorce attorneys work closely with local residents on this process, helping to ensure property is classified and distributed to maximize their interests.

One challenge to the property distribution process is simply uncovering all of the involved assets. It is quite common for a divorcing spouse to try to shield assets from the other during divorce. After all, if the other spouse does not known about certain property, they will not try to fight for it during the separation. In this way, hidden assets are always a concern in divorce law. Hiding assets is not something that only comes up with millionaires. Couples with varying martial asset values may face these issues.

Our North Bay area divorce lawyers are experienced with these concerns and are adept at noticing certain red flags they might suggest assets are being hidden. For one thing, when one spouse controls most of the financial information, is secretive about money issues, and owns private mailboxes, the potential for hidden assets is increased. Erratic behavior by that spouse might also raise suspicions, such as when a computer with financial information mysteriously crashes or personal finance programs are eliminated.

So how are assets hidden? Here a few of the more common methods...

1) Unrecorded cash in hidden bank accounts. Taking money from accounts and placing it in offshore bank accounts is relatively easy and attractive for those trying to hide assets in divorce.

2) Understating business revenue. Undervaluing known assets is also a common way that one spouse will try to pull one over on their ex. This is particularly possible in situations where businesses are involved. Revenue in the business can be deferred for a time to manipulate the value during the divorce process.

3) Transferring ownership of assets to a third party. Parents, siblings, and friends are often used to act as fake owners of property during a divorce with agreements for the property to return to the spouse after the divorce is finalized.

Each Santa Rosa divorce lawyer at our firm understands that these and similar tactics must always be guarded against. Financial statements are often difficult for some spouses to read, and so manipulations to them may go undetected. Divorce is always contentious, and it is made worse when underhanded tactics are used. That is one of many reasons why it is vital to have an experienced and aggressive legal professional on your side throughout this process. There is simply no alternative to having a legal advocate in your corner ensuring that your rights are protected and respected every step of the way.

The experienced attorneys at Beck Law P.C. are here to help. We serve residents in many areas including communities like Santa Rosa, Cotati, Rohnert Park, Petaluma, Windsor, Kenwood, Glen Ellen, Bodega Bay, Ukiah, Willits, Clearlake, Lakeport, Kelseyville and throughout Sonoma County, Mendocino County and Lake County.

Please take a moment to send us a message online or give us a call at 707-576-7175 to learn more about how you can take control of the divorce process.

See Our Related Blog Posts:

What Rights Do You Have if You are Not Married and Your Relationship Ends?

Northern California Annulment/Nullity Attorney

Local community members have many different family structures. Different arrangements present unique family law issues that were not as common even a few decades ago. For example, there are many more cases of children being raised, in part or in whole, by their grandparents. In many cases a teenager or young adult may have a child and be unable to provide the care that the child needs. They may turn to their own parents for assistance. In other situations, there are sometimes adults who are unable to manage the responsibility of raising a child, whether it be because of financial difficulties, drug and alcohol dependency, or any number of other reasons. In these scenarios it is common for one or more of the child's grandparents to take an active role in providing food, clothing, shelter, and a stable environment. Such arrangements differ greatly in how they are managed and the length of time that they exist.

Circumstances are constantly changing, and a parent who cannot provide a proper home one day may be in a different position a month, a year, or a decade later. Major conflicts can arise when a parent attempts to remove his or her child from a grandparent who has been acting as a parent. Naturally, the longer the grandparent has been caring for the child, the more difficult it usually is to find an easy solution to a potential custody dispute.

California grandparent adoption law allows a grandparent to turn to the justice system to gain permanent custody of a grandchild in certain situations. Usually, a grandparent must demonstrate that allowing the child to live with his or her natural parent would be a risk to the health, safety, and well-being of the child. For example, if the grandparent can prove that the parent is abusive or on drugs, then a court may terminate the parent's rights and award custody to the grandparent.

Of course, biological parents can always sign over their rights as parents and allow the child's grandparents to adopt. It is not uncommon for parents who have not had much contact with their children for an extended period of time to tell the grandparents that they will sign over their rights. However, as our Santa Rosa child custody attorneys know from experience, when it actually comes to voluntarily giving up their rights, parents often change their minds, which can lead to a difficult and painful custody battle.

At the end of the day, a court that is tasked with deciding whether to award custody to a parent or grandparent is almost always going to be faced with an extremely difficult choice. All court battles are emotional, but few are more contentious than one where a relationship with a child hangs in the balance. Ultimately, the court must determine what is in the best interests of the child and will shape its decision around that question.

Community members heading into such a case must be prepared for a grueling fight that may leave broken relationships. Having an experienced advocate is essential to ensuring that rights are protected and no legal stone is left unturned. The fact that the law in this area focuses on the "best interest of the child," means that the court has much discretion, and the quality of the advocacy can make all the difference.