Articles Posted in Divorce

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My ex-spouse will not pay child support. Child support is not supposed to be a voluntary commitment for divorced parents. Courts often order one parent to make payments to the ex-spouse who is primarily raising their children, for the express purpose of supporting those children. However, sometimes the parent falls behind and does not meet their child support obligations. There are many reasons why this would happen, such as loss of employment, illness or injury, or simple laziness. But no matter the reason, the parent who should be on the receiving end of the child support will want to know how to get the money they are owed.

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How to Get an Ex-Spouse to Pay Child Support

There are a variety of ways a parent can go about compelling their ex-spouse to pay their court-ordered child support. Among the possible courses of action are the following:

1.    Enter into a private agreement with your ex-spouse: If your ex-spouse genuinely cannot make the court-mandated child support payments, whether due to lack of income, illness, or injury, you can always work out a private agreement that reduces or suspends the payments while your ex tries to get back on their feet. Family courts will generally allow these side agreements and will refrain from enforcing their own orders while the private contract is in effect. However, you should be clear with both your ex and the court that, if the ex does not resume making payments when they are supposed to, you will go back to court to force them to do so. You will probably want to hire a family law attorney to draft an agreement of this sort.

2.    Go to mediation: If you want to address the child support issue in a formal setting without actually going to court, mediation might be a good route. Mediation is less adversarial and less expensive than family court, which is why more and more couples are using this option. Agreements reached in mediation can be more flexible and creative than court-ordered remedies. There are probably a number of licensed mediators in your area, and you can usually get a list from your local court.

3.    Take your ex-spouse to court: This is the most drastic, but probably also the most effective, of your options. You can hire a lawyer and return to family court for a contempt proceeding against your ex-spouse. If you can show that your ex is not meeting their court-ordered obligations, the court will try to find a way to compel them to pay the child support. One way the court may do this is through wage garnishment, where a percentage of the person’s wages are automatically diverted to the court and then to you. Many divorced parents hesitate to take their ex-spouses to court any more often than they have to, but if the well-being of your children is at stake, it may be the only viable alternative.

What to Do if Your Ex-Spouse Will Not Pay Child Support

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The role of co-parenting after divorce. A divorce or separation can be extremely difficult on a couple’s children. All of a sudden, the kids go from living in a seemingly stable two-parent household to being caught in the middle of a bitter break-up. In particular, having to go back and forth between the father’s house and the mother’s house can be a traumatic change. There is no way to completely shield children from the negative effects of this process. However, by putting in place a good co-parenting plan, the separating couple can ease some of the difficulty for their children.

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Strategies for an Effective Co-Parenting Arrangement

Here are some suggestions for creating a co-parenting arrangement that works for everyone:

1.    Put your children first: Always remember that your children’s interests are the most important consideration. Their childhood experiences will shape them for the rest of their lives, so it is imperative that you protect them from conflict and negativity as much as possible.

2.    Get a court order: This will make your co-parenting plan legally enforceable, meaning you will have a remedy in the event that your ex violates the terms of the agreement.

3.    Live near your ex: Whenever possible, it is advisable for the two parents to live near each other, so that the children can regularly and easily spend time with both of them.

4.    Respect each other’s parenting style: While the couple’s parenting styles may differ significantly, it is desirable that they respect each other’s methods. Otherwise, they end up undermining each other and confusing their children when it comes to expectations and boundaries.

5.    Communicate with each other: Both parents need to be able to communicate regularly and effectively, so that you both know what is going on in your children’s lives. This will help avoid misunderstandings, both with each other and with your children.

6.    Stay involved in your children’s activities: Both parents should stay as involved as possible in their kids’ school and extracurricular activities. Even if the parents would prefer not to be near each other, it is important that they can be civil with each other when they are in public or with their children.

7.    Create a shared document that both parents can access:  You should develop a Google Doc or other cloud-based document that both parents can access and utilize to share information about their kids. You can use this document to, among other things, coordinate scheduling and maintain emergency contact numbers.

8.    Hire an attorney: Each parent should hire their own attorney who has experience drafting co-parenting plans. Having an attorney on retainer will come in especially handy if there are child support or custody issues involved in the divorce or separation.

What to Do if You Have Children and Are Separating from Your Spouse

If you have children and are going through a divorce or separation with your spouse, you should contact an attorney immediately. An attorney can review the facts of your case and provide you with advice and guidance regarding your concerns.

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Same sex couple married in CA seeks same sex divorce in Mississippi. Simple? Not exactly.

Lauren Beth Czekala-Chatham asked a Mississippi court to recognize her same sex marriage, which took place in California, so that she could file for divorce within the State. Although the couple was married in California, they resided in Mississippi for the duration of their marriage. Czekala-Chatham could file for divorce in California because the State exempts same sex couples from residency requirements that ordinarily require at least one divorcing spouse to be a California resident for six months prior to filing. In part, this is so same sex couples who marry in California but reside in states where their marriage is not legally recognized do not have to face the burden of establishing residency before they can file for divorce. However, California courts will not always be able to issue significant rulings related to property ownership, debt, alimony, or children.
Because California cannot issue certain rulings regarding property ownership, debt, alimony, and children, it is not a viable option for some divorcing same sex couples.
In a telephone interview, Czekala-Chatham explained that failing to get divorced could have serious repercussions. Czekala-Chatham has children from a prior relationship and is concerned that her spouse could contest her will and take her children’s inheritance if they failed to get a divorce. According to court filings, Czekala-Chatham is seeking the couple’s marital home in Mississippi as well as, alimony in the divorce. Czekala-Catham says she will go all the way to the State’s Supreme Court in order to have her same sex marriage recognized because she doesn’t see another way out of the situation. If the State were to recognize her marriage, it would not permit same sex marriages in Mississippi, which remain banned under Mississippi law.

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Since the U.S. Supreme Court stuck down parts of the Defense of Marriage Act, several states have faced similar requests.
Several other states which have bans on gay marriage have been faced with similar requests since the U.S. Supreme Court struck downs segments of the federal Defense of Marriage Act earlier this summer. For instance, the Texas Supreme Court is considering whether it has jurisdiction over same sex divorce cases, even though it does not allow same sex marriage. Oral arguments are scheduled for next month. At least two same sex couples have filed for divorce in the State.
However, Mississippi College constitutional law professor, Matt Steffey says the Mississippi case is a long shot because the right does not exist within Mississippi law. He believes the issue of same sex divorce will eventually reach the U.S. Supreme Court.
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Back in June of 2010, New York became the 50th and last state to pass some form of No-Fault Divorce Legislation, 40 years after that of California.  What with the recent debates over same-sex marriage and, now, polygamy have raised questions about the nature of marriage and how the institution of marriage has evolved over time. Progressives generally favor a more expansive and inclusive definition of marriage, with the institution adapting to changing social conditions. Conservatives warn that there could be negative and unforeseen consequences to these changes, and that therefore we should tread lightly when it comes to modifying such an esteemed human institution.

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However, it is possible that both sides are ignoring a much older and more consequential change to our marriage laws. Since 1969, all the states, one by one, have reformed their family law codes to allow for no-fault divorce. Traditionally, American courts would only grant a divorce after establishing that one party had committed a breach of the marital contract. No-fault divorce, in contrast, is dissolution of marriage that does not require a showing of wrongdoing by either party.

A Brief History of No-fault Divorce

The earliest known examples of no-fault divorces occurred in Russia shortly after the Bolshevik Revolution. The decrees providing for no-fault divorce were seen at the time as revolutionary attempts to deemphasize marriage in the Soviet Union. In the United States, the Sexual Revolution, feminist movement, and anti-establishment sentiment of the 1960s helped place the idea of no-fault divorce on the political agenda.

In 1967, the National Conference of Commissioners on Uniform State Laws was tasked with drafting a uniform marriage and divorce code for consideration by state legislatures. The various drafts of the NCCUSL’s uniform code all liberalized the current divorce laws on the books in most states. This code had no binding impact on state legislatures, but was deeply influential on family law statutes from the time it was first drafted.

Two years after the NCCUSL began meeting, the California state legislature passed the California Family Law Act of 1969. The Act was signed into law by Governor Ronald Reagan on January 1, 1970, and included a provision allowing for dissolution of marriage when one party cited irreconcilable differences. This effectively made California the first state to allow for no-fault divorce and as previously mentioned, 40 years later, in 2010, New York became the last state in the US to pass a no-fault divorce statute.

While there are still some who argue against no-fault divorce, it is now the law of the land in California and the rest of the country. There is no question that it has made divorce easier, particularly for those who lack power or control in their respective marriages. Continue reading →

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During the divorce process, it is common for one spouse to receive sole ownership of the marital home.

What happens to the marital home in a divorce when an agreement or judgment provides the one spouse is to receive sole ownership? When a couple divorces, one of the common provisions outlined in their marriage settlement agreement or the court’s judgment concerns the award of the family home to one spouse. In order for the spouse who is awarded the marital home to be able to sell, refinance, or borrow money against the property without their former partner’s consent, the spouse who is awarded the marital home must obtain documentation which shows that their former partner has transferred ownership of their interest in the property and that they are the sole owner of the property.

A deed is used to show the transfer of interest in a property from one party to another.

The legal document used to transfer interest in a property from one individual to another is called a deed. There are various types of deeds including: warranty, grant, and quit claim deeds. Warranty and grant deeds come with the transferor’s promise that the title to the property is without any incumbencies such as, another party’s ownership of the property or outstanding taxes or debts. A quit claim deed does not come with these specific promises and only conveys property on an “as is” basis. In most cases, after a divorce, an ownership interest in the marital home can be transferred from one spouse to another using a quit claim deed.

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Each county in California keeps a record of properties and owners within their jurisdiction. A couple that is transferring ownership interest in the marital home will need to conduct a title search in order to determine how the property is held and property’s legal description, prepare and sign the deed as well as, a Preliminary Change of Title Report, and record the documents with the appropriate land records office.

The transfer of ownership in property between spouses is exempt from certain taxes.

According to California law, the transfer of ownership in property from one spouse to another is exempt from transfer taxes. In addition, the transfer in ownership of property from one spouse to another is protected from property tax increases.

Conveying ownership through a deed does not change a spouse’s obligation on a loan. In order for a spouse to end their obligation on a loan, the loan must be paid off or refinanced. In some cases, this is done along with the transfer of ownership during the divorce process.

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The number of women committing adultery has increased significantly according to a recent survey conducted by the National Opinion Research Center challenging the notion that men are more adulterous than their female counterparts. Bloomberg Businessweek published data from the survey. According to the survey, while the percentage of men admitting to infidelity has remained consistent at about 21 percent for the past several years, the number of women admitting to adultery has increased significantly. For example, between 2010 and 2013, the number of women who admitted to cheating on their partners went from almost 15 percent to nearly 40 percent.
Greater economic independence is one factor that has contributed to the rise in infidelity amongst women.
Pepper Schwartz, a sociologist at the University of Washington attributes the rise in the number of women who cheat on their partners to changes in the country’s cultural and economic climate. With higher incomes and greater job prospects than ever before, women can now afford the possible economic consequences of having an affair.
As infidelity becomes more prevalent, it is more likely to come up during divorce proceedings.
As infidelity becomes more common, there is a greater likelihood that former spouses will lodge allegations of adultery against one another during divorce proceedings. For this reason, it is important to understand how such allegations could impact a divorce hearing.

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California is a no fault divorce state.
Adultery was once a grounds for divorce under California law. However, the California Family Law Act of 1969 abolished the need to show fault in order to obtain a divorce. As such, the law moved California to no fault divorce proceedings based on irreconcilable differences or incurable insanity.
Allegations of adultery could still have an impact on the division of marital property as well as, custody arrangements.
However, there are some circumstances where a former spouse’s infidelity may become an issue that the court will want to delve into during a divorce proceeding. For example, if a spouse was using marital assets to carry out and support an extramarital relationship, their former partner may be able to claim reimbursement for those amounts when marital property is being divided. In addition, a spouse’s infidelity may be used to show that they are unfit to receive custody of the couple’s children. This may occur if the cheating spouse exposed their children to inappropriate situations during the course of their affair.
If you are considering filing for divorce you should contact an attorney immediately. This is especially true if infidelity is likely to come up as an allegation during divorce proceedings. An attorney will be able to review the circumstances of your case and provide you with advice and guidance that can help you reach a favorable outcome.
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In many relationships, one partner–often the higher earning husband, takes on the responsibility of handling the couple’s finances. The partner who does not participate in financial decision making may have a general idea of where the couple stands financially, but is usually unaware of the couple’s precise income and investments, or how to access the couple’s assets.

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Spouses who are do not have a clear picture of finances within their marriage may face financial difficulties during their separation.
While this type of arrangement may feel harmless or even efficient when the couple’s relationship is prospering, it can place the spouse who doesn’t have a clear picture of the couple’s finances in a difficult position should the couple decide to separate. A partner who has not been involved in the couple’s finances may not be able to easily determine how they will pay for living expenses. In addition, they may be at greater risk of entering a divorce settlement that does not reflect their fair share of the couple’s assets.
Separating spouses should be aware of their rights and entitlements with regard to joint accounts.
Individuals who are considering separating from their spouse should be aware of their rights and entitlements with regard to joint assets. One of the first questions that individuals who are in the process of separating often inquire about is how to handle funds that are kept in joint accounts.
A recent Forbes article written by Jeff Landers, President and Founder of Bedrock Divorce Advisors, which is a divorce financial strategy firm, provides some useful suggestions regarding how joint accounts should be handled during a separation.
Separating spouses should determine their immediate financial needs and consult with an attorney to determine whether it is appropriate to secure that amount from joint accounts.
Landers advises individuals who are either planning to file for divorce in the near future, or believe their partner may be doing the same to set aside funds from the couple’s joint account for their immediate needs. He acknowledged that when and how much an individual should withdraw is a complex question with legal implications.
For example, in many states, including California, spouses can freely transfer and withdraw funds prior to formally filing for divorce. However, once the divorce process has begun and a legal filing is submitted to the court, the couple’s assets are subject to certain restraining orders that may impact either spouses’ ability to access joint accounts.
Since spouses are generally entitled to half of the couples jointly titled assets during a divorce, they may consider withdrawing that amount from joint accounts prior to a formal divorce filing. However, if a spouse is aware of other accounts that are in the sole name of their partner, the individual may think about withdrawing more than half of the funds in the joint account in order to offset those amounts. However, partners who withdraw funds from joint accounts should consider how their actions may impact the way their spouse handles the divorce proceeding. In some circumstances, withdrawing funds prior to a divorce filing may cause the opposing spouse to become vindictive and uncooperative during the divorce process.

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HOW FAMOUS PEOPLE SUCH AS DANICA PATRICK, PAMELA ANDERSON, KATIE HOLMES, MICHAEL JACKSON AND STEVEN SPIELBERG DEAL WITH THE LEGALITIES OF A LONG TERM BREAK-UP

Hollywood.jpg Believe it or not, the odds of a marriage ending in divorce are the same for celebrities as they are for the rest of the population (currently 50%); however, attorneys handling high profile divorce must have the know-how and experience to maintain the high level of privacy necessary for the high profile clients. We at Beck Law maintain that privacy for every client, no matter the circumstance.

While Honey Boo Boo’s parents, June “Mama June” Shannon and Mike “Sugar Bear” Thompson, exchanged vows in their backyard in Georgia while Shannon sported a camouflage and orange tulle wedding gown (People reports), we find Danica Patrick, one of the most notable Formula, Indycar and NASCAR drivers in the history of American auto racing, ending her marriage to Paul Hospenthal as quietly and privately as possible, given her fame and fortune.

Some high end divorces last, well . . . not very long. For example: here is a link to famously short marriages that includes Kid Rock and Pamela Anderson (4 months), Rudolph Valentino and Jean Acker (6 hours), the famous Kim Kardashian marriage of 72 days and the Las Vegas marriage of Brittany Spears and Jason Alexander (55 hours). Further, celebrity divorce can be very expensive: Michael Jordan reportedly had to settle his divorce action for more than $150 million to his wife of 21 years. Steven Spielberg, worth about $3 billion, settled with Amy Irving after four years of marriage for $100 million.

Attorneys handling any divorce, including a high profile divorce, must keep in mind not only attorney-client privacy, but also protection of clients’ personal information as well. Not only must the attorney reach the best divorce settlement, an attorney representing a high profile client, or any divorce client, must consider the client’s image, the client’s wishes, the client’s children and family dynamics and how information in the legal proceedings is being distributed to the public; the attorney must adopt the mindset of a public relations expert to maintain the reputations and public images of all clients, including high profile clients.

Law firms, who handle divorce on a daily basis, should have sensitivity to their clients’ needs, and take extraordinary measures regarding resolving issues surrounding the emotional turmoil of the loss of marriage and the special needs of child custody and child visitation.

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Earlier this year, Jamie McCourt, the former CEO of the Los Angeles Dodgers and ex-wife of the Major League Baseball franchise’s former owner, Frank McCourt, filed a petition to overturn the couples’ divorce settlement. The divorce settlement was reached in 2011 when Frank McCourt still owned the Los Angeles Dodgers.

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In the couple’s 2011 divorce settlement, Jamie McCourt gave up her ownership claim to the Los Angeles Dodgers in exchange for $131 million.
The terms of the couple’s divorce settlement provided Jamie McCourt with $131 million in addition to a share of the couples residences. In exchange, Jamie McCourt gave up her ownership claim to the Major League Baseball franchise.
Jamie McCourt argues that Frank McCourt represented that the franchise was worth less than $300 million but sold the team for $2.15 billion just six months later.
In the petition filed earlier this year, Jamie McCourt argued that she agreed to the terms of the divorce settlement because her former husband misled her regarding the value of the Los Angeles Dodgers franchise. Jamie McCourt alleged that her ex-husband represented that the Major League Baseball franchise was valued at less than $300 million while under the penalty of perjury. However, just six months after the couple’s divorce settlement was finalized Frank McCourt sold the team for $2.15 billion through a bankruptcy court auction.
A Los Angeles Judge ruled this week that Jamie McCourt did not provide sufficient evident to support her allegations of fraud.
This week, Los Angeles County Superior Court Judge Scott M. Gordon issued a ruling denying Jamie McCourt’s petition. In his opinion, the Judge reasoned that Jamie McCourt failed to provide the Court with sufficient evidence to prove that she did not have a full and complete understanding of the value of the couple’s assets when she agreed to the divorce settlement. The Judge went on to reason that Jamie McCourt was a sophisticated individual who had familiarity with the business, having served as the franchise’s CEO.
Study reveals that couples routinely hide financial information from one another.

A Forbes magazine article published last year revealed that partners routinely hide assets from each other, both when their marriage is going well and during divorce proceedings. The article cited a study conducted by the National Endowment for Financial Education which found that 58 percent of spouses report hiding cash from their partners and 34 percent admitted to lying about their finances, debt, or earnings.
Misrepresenting information in a Financial Affidavit that is filed with the court in a divorce proceeding is illegal and can result in serious penalties. If you believe that your former spouse misrepresented financial information during your divorce proceeding and settlement process, you should contact an attorney immediately. An attorney will be able to review the circumstances of your case and determine your options for recourse.
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Marilyn Monroe image.jpg“You know why divorces are so expensive? They’re worth it.” Willie Nelson

“Sometimes good things fall apart so better things can fall together” Marilyn Monroe

Although painful, divorce can be a chance to experience a brand new life with many hidden opportunities. Sometimes couples don’t realize just how miserable their lives have become because the misery has gone on far too long. In this case, their divorce can be a very good thing that offers many gifts for growth and happiness. The new possibilities are sometimes hidden from view but the positive challenges that lay before them are actually fantastic chances to become the person you were always meant to be. Divorce can be a positive experience for children as well, provided the parents remain good friends. For children, having two parents who care about the family, during and after the divorce, provides a sense of security that the world is safe around them.

End the Resentment and Bickering

Wouldn’t it be wonderful to be that person you were before you married your spouse? Wouldn’t it be a relief to have a life with no back and forth bickering about problems, such as finances, power struggles, or blame? After divorce, you have a new chance to be peaceful and joyful to yourself, and all those around you, as you embrace letting go of all that pent up anger and negativity.

Embrace the Chance to Lead a full and Stimulating Life

With divorce comes personal freedom. New opportunities open up to socialize, to try new things, and pursue long forgotten dreams. It provides a chance to practice and develop your skills and look ahead to a new and stimulating life.

By remaining friends, you can enjoy the times your kids are with your ex during shared visitation. Use this time to pamper yourself, read a book, catch up with friends, and do things that make you feel good about yourself. These are moments that married people do not get – downtime to do what makes you happy, to think positive, optimistically and constructively. Take a vacation. If you approach your divorce in a positive way, everyone around you will notice your optimism, especially your ex and your children, and that positive energy will become contagious and bring goodness and joy back to you.