Santa Rosa Family Lawyer Blog

The father's position: The father in our divorce story does not believe that his daughter should be in expensive pageants, and does not want to pay out in child support for them. He believes that the cost of thousands of dollars in costumes, make-up, hair, travel and lodging is excessive and could be used better toward education. He argues he is a middle income earner, and cannot afford costumes that can be upward of $3,000. The father claims that there's too much pressure on his daughter that is causing unrealistic "body image issues". He also feels that practicing 7 - 10 hours per week for a pageant is exhausting for daughter. He's opposed to mother's placing their daughter on low calorie diets and not letting her be a "kid". He feels that mother's control, daughter's long hours, and pageant demands are abusive to his daughter and her right to a carefree childhood. He also believes that he shouldn't have to support such a frivolous past-time as pageantry.

Further to support the father's position, California has no labor laws regarding pageants. Pageants are exempt from federal labor laws under the Fair Labor Standards Act of 1938. Child contestants of pageants are not considered to be "working" as they sometimes spend 10 hour days not "working" at a pageant with their parent.

The mother's position: Mother feels that pageant participation has given their daughter poise, grace and self-esteem. She states that their daughter enjoys being in pageants and that there's a great future for her daughter in modeling, or perhaps an acting career. This mother considers pageantry the same as participating in sports and argues that there are costs associated with sports, including long travel, hours of practice and sometimes expensive coaching. She believes that pageantry is a form of education that's valuable because she has seen her daughter gain confidence in front of an audience. The mother believes that the dad should continue to financially support their daughter in her pageantry goals. The mother has no concern over child labor laws as she feels that participation in sports demands the same focus, drive and work ethic as pageantry.

To add to this, what can drive parents even further apart is that vague possibility that, with enough money, time, and enough hard work, there is always the possibility that their child will become a celebrity or get a full ride scholarship. It was plain and simple basketball that made Michael Jordan who he is today and it is TLC pageantry that created the overnight Honey Boo Boo sensation. This little girl has more "sass", charisma, and charm than the entire state of Georgia. Honey Boo Boo has gone viral. Her parents would argue that the costs and time they spent was well worth it. And when you watch her and her very unapologetic red-neck family, you find the show is so unique and refreshing that you can't wait for the next episode. This must be the only family in America that actually eats "road kill" and is proud of it. A pageant mother's dream comes true.

Regarding California law, in child support battles, whether it be costs associated with pageantry, sports, private school vs. public, music lessons, or gymnastics, the lines are drawn and parents often differ strongly and emotionally in what they feel is necessary for the goodwill of a child. Child support issues require careful consideration and a family law attorney with compassion and good mediation skills to strike a balance between the desires of the father and mother, who often cannot reach an agreement on their own. With good legal advice, compromises can be made on each side, which is always a fine balancing act in an effort to maintain peace during and following a divorce for the sake of the children.

Our Santa Rosa family law attorneys know that, at the end of the day, it's the division of debt during a divorce that can be the central issue in most divorces involves the division of property. Who gets the house? Who is entitled to spousal support and how much support? What about the 401k? These are all extremely important issues to resolve during a divorce settlement, but in today's economic climate, marital assets may not be a divorcing couple's main concern. Instead, a divorcing couple may face the division of debt.

Division of Property:
The goal of the division of property is to come to an agreement where each side has a roughly equal "net" share. One method to determine equal net shares suggested by the Judicial Branch of California is to add up the value of all assets and then subtract the total amount of debt. This can be calculated by completing a Schedule of Assets and Debts, where all assets are listed with their fair market value, in addition to any debts. What is left after that calculation is the net value, which should be equally divided between spouses.

Debt:
To achieve equality between spouses upon division, debt must be taken into special account. One way to divide debt to simply take the entire amount owed and divide it in half. It may seem like dividing the debt this way would be an easy way to split what is owed, however this may not be feasible in every case. One issue that arises is if the debt is on a credit card, the people to whom the money is owed may not have to honor your agreement of debt division. They will still be able to go after the spouse who signed the contract despite your agreement. This means if the spouse who has agreed to pay the debt fails to do so, the spouse who was originally responsible for the specific debt will be charged for the original debt, any late fees, any interest, and their credit rate could suffer.

There are, however, ways to divide debt that can avoid such potential issues. For instance each party could open a new credit card in their name alone, transferring equal balances. Another potential way to avoid issues is to sell an asset and to use the proceeds to pay any debt owed. For assistance with equal property division of assets and debt, it is vital to contact an attorney experienced in divorce law.

The risk is too great to try to go this alone or without quality help. Debt in divorce can be quite tricky, and it can lead to many problems down the road. The most efficient divorces are those that resolve all matters clearly, eliminating the risk of prolonged legal fights. Yet, unpaid debt, when not handled properly, can force couples into battle for months (or even years) after they officially end their relationship.

Getting Legal Help in Northern California:
The Santa Rosa divorce lawyers at our firm have helped divorcing couples in Santa Rosa, Petaluma, Ukiah, Hidden Valley Lake and throughout Sonoma County, Mendocino County and Lake County California to navigate through the process of divorce for many years, and we can help protect your best interest.

If you are considering a divorce, contact our firm for help. We have the experience needed to adequately protect your rights during this complex process. For a free consultation call Beck Law P.C. at 707-576-7175 or contact us online.


See Related Blog Posts:
Am I Entitled to Spousal Support?
Uncovering Marital Assets in a Divorce

Divorcing is difficult, and during that time, home owning couples must decide what to do with the home they reside in. Sometimes this decision is easy; one party will complete a quitclaim deed, signing over their ownership rights to the other spouse. Other times, the decision is more difficult and a couple may decide to continue with joint ownership. If this decision is made, there is a need for a new deed to be executed.

Most often during marriage, couples own their homes as community property. This type of ownership is only for married couples or domestic partnerships. Now that the marriage is dissolved, the couple can no longer own the property in this form. There are two other forms of joint ownership: tenants in common and joint tenants. Our Santa Rosa divorce attorneys can help you decide which type of ownership type best suits you.

Tenants in Common
Tenants in Common is a type of concurrent ownership where each party has an individual, undivided ownership interest in the property. This means that the individuals can dispose of their ownership as they wish, whether it be now, or in a will or trust. Tenants in Common does not require equal interests in the property. Depending on what type of relationship the couple has after the divorce, an individual may want to create a Tenancy in Common agreement that sets up the terms of management, upkeep, and use of the property.

Joint Tenants
Another type of concurrent ownership is known as Joint Tenants. As Joint Tenants, each person has individual equal ownership interest in the property. Additionally, Joint Tenants, possess the right of survivorship. Right of survivorship is the automatic power of the survivor to acquire the property share of the other individual upon his or her death making the survivor sole owner. Joint Tenants may choose to alienate the other owner however; at that time it would change to a Tenancy in Common agreement and there would no longer be a right of survivorship.

Of course, in many cases as part of a divorce agreement a home will be given to one spouse or sold with the proceeds split between the two parties. No matter what the case, however, there are often complex legal guidelines that must be followed. It is important to ensure that all loose ends are tied up with these property matters, because otherwise it might cause serious controversy down the road. You do not want to find out that something is wrong with the deed only at the moment when you are trying to sell it, perhaps years later.

Getting Legal Help in Santa Rosa California
If you are thinking about a divorce, having trouble understanding the intricacies of ownership after divorce, or interested in learning more about concurrent ownership, our attorneys at Beck Law P.C. can help. Our firm can help you determine which type of ownership will work best for your situation. For a free consultation contact Beck Law P.C. at 707-576-7175 or contact us online.

Divorce can be a relatively quick process or an excessively drawn out dispute, as our Santa Rosa Divorce lawyers have seen in their practice. The process of having to wait six months and a day for your divorce to be final cannot be waived, but it is in your control to prevent your divorce from dragging on for years. The difference in the time it can take to obtain a divorce is evident in the case of Brooklyn Nets basketball player Kris Humphries and reality star Kim Kardashian vs, that of Humphries' parents. According to the Huffington Post, after only seventy-two days of marriage Kardashian filed for divorce on October 31, 2011. Humphries is contesting the divorce and has filed for an annulment based on fraud. His attorney contends that he will prove that Kardashian did not intend to proceed with the marriage, and it was solely for the benefit of her reality show and to make money. The couple's divorce trial is expected proceed next year and is rumored to be getting messier by the minute.

In stark contrast to this Hollywood style divorce, it was reported that Humphries' parents recently decided to divorce after thirty years of marriage, yet they were able to come to an agreement before the divorce papers were even filed. Humphries' parents have already agreed to spousal support, division of property, division of debt, and more. A signed settlement agreement was included with the divorce papers. With these agreements in effect, as reported by TMZ ,their divorce was final in only 26 days.

Factors That Affect the Speed of a Divorce:
The speed of obtaining a divorce depends on a variety of factors. Some couples will have little that they are going to contend over, and a divorce can be obtained quickly. Many couples prefer this method, as it provides a clean break for the relationship and allows them to move on with their separate lives faster. A quick divorce can promote the healing process for both parties as well. However, this is not always an easily obtained result or even a realistic possibility.

Many couples have a lot at stake during a divorce, leading to long battles in reaching an agreement. Some examples of main factors that could stall the progression of a divorce are child custody and child support, spousal support, and the division of marital property. If an agreement cannot be reached easily, the divorce process can drag on and on. It can also lead to bitter battles wherein the character of each spouse is brought into issue.

Getting Legal Help in Northern California:
If you are contemplating a divorce, our Northern California family law attorney can help you obtain the outcome you desire, whether that means a speedy resolution or an agreement on a specific matter. The attorneys of Beck Law PC have vast experience advocating for their clients' rights and desires in obtaining a divorce. They have the tools and experience to adequately protect your rights while navigating the difficult waters of a separation and a divorce. For a free consultation regarding the specifics of your case, contact Beck Law P.C. at 707-576-7175 or contact us online.

See Related Blog Posts:
Mediation as an Option for Couples Seeking Divorce
Where do I File for a Divorce in California?