Articles Tagged with california divorce attorney

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former spouseSay you’ve  split up, and really want to stick it to your former spouse. Here are some sure fire ways to throw a wrench into your former spouse’s life, and make your kids suffer at the same time:

  • Argue with your former spouse. Loudly. In front of the kids. Make it extra nasty by throwing in a few eye-rolls and dirty names. Kids need to know just how despicable their other parent is.
  • Talk badly about your former spouse around the kids. Make sure it is clear whose fault the split was, and clearly lay out every shortcoming he or she has on a regular basis.
  • Plan fun activities while your kids are supposed to be with their other parent so they will be reluctant to go with him or her. That will really prove who the better parent is.
  • Turn holidays and special events into a competition. Make sure you get the bigger, better presents every time. Then the kids will know who loves them the most.
  • Speaking of special occasions, stick to the visitation order without flexibility. Who cares if the kids have to miss something special with the other parent? They like you best anyway.
  • Make sure the other parent knows as little as possible about junior’s schedule. Having your ex show up to ball games, music programs, or parent teacher conferences would be a drag for everyone.
  • Discourage contact through email, text, and phone on any kind of a regular basis. You do not want your ex getting into your kids’ heads!
  • Eliminate any contact with the family of your ex. They have no legal rights to the kids, so do not complicate your lives with communications with them.
  • Make sure the kids know just how much of a struggle it can be since their other parent left. Your ex really made all of your lives more difficult, and the kids have a right to know what a selfish person he or she is.
  • When the kids do go for visits, have them spy on the other parent for you. What a great way to find out what he or she is up to nowadays!

Seriously, Folks, the Divorce is Between you and your Former Spouse

Hopefully you realize that your divorce is between you and your former spouse. Kids are kids, and deserve protection from as much of the cruddy parts of life as possible. Instead of making them pawns in your divorce and throughout the rest of their lives, try putting them first:

  • Keep disagreements between you and their other parent private;
  • Keep negative feelings about their other parent, his or her new partner, etc. to yourself;
  • Make visitation seamless and easy;
  • Discuss important matters, from health to upcoming events, with the kids’ other parent;
  • Include all grandparents in the kids’ lives if possible;
  • Let the kids enjoy their other parent without worrying about you.

These simple tips really can help your kids get through a potentially traumatic event in their lives with strong, positive relationships and a healthy future. You love your kids. Now, more than ever, is the time to show it by swallowing the urge to create dissonance between them and their other parent. Continue reading →

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Divorce WarsDivorce wars can happen when couples divorce. Frayed emotions and angry circumstances can combine to make it tempting to try to play dirty. The fact is, resorting to the nasty games of divorce wars make you look bad and does not necessarily improve the outcomes for you. Instead, go into your divorce with everything on the table. Although you want a divorce attorney who fights aggressively for your interests, underhanded tricks really do not pay off.

Being Open and Honest With Your Attorney and Avoid Divorce Wars

As you prepare for your divorce, it is essential that you are open and honest with your attorney.  Particularly when circumstances are strained, you can anticipate that your spouse will attempt to paint you in a bad light. If your lawyer knows everything, preparing for court becomes an exercise of skill. Do not let your attorney be surprised by bombshells lobbed by the other side.  Tell the truth about everything and act in a responsible manner:

  • If you have sent unpleasant texts or emails, do not fool yourself into thinking that just because you have deleted them, they no longer exist. There is every possibility that they will show up if your spouse thinks it will benefit his or her case.
  • If you have assets that you think no one knows about, be aware that the other side will likely have detectives snooping around to see what turns up.
  • If you are in possession of assets that you are pretty sure your spouse is going to request, do not sell those items in spite.
  • Children are people. Do not degrade your spouse in their presence or try to turn them against your spouse.
  • If you are thinking of charging up a load of debt to dump on your spouse, think again.
  • Although most people have social media accounts these days, be careful of what you post on yours. Avoid rash, emotional posts that could get you into trouble later.
  • If you have a new love interest, do not flaunt it. Keep that person away from your spouse, the courtroom, and any other place that might cause the situation to become enflamed.

After the Divorce

Once your divorce is finalized, make sure you follow the court’s orders. Particularly if there are children involved, remain poised to interact in a civil manner. Now, that may be difficult, especially if your former spouse is reading from a divorce wars playbook. Nonetheless, behave with dignity, and be smart:

  • Avoid interactions when you have been drinking or if you are upset.
  • Pay child support with a check so you have a record of the transaction.
  • Document any issues as they occur in case you wind up back in court at a later date.
  • Honor visitation rights, even if support payments are behind. You do not want to be in contempt.
  • Encourage kids to have a healthy relationship with your ex and the in-laws. There is no such thing as too much love for a kid.

Continue reading →

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Divorce in CaliforniaIf you are considering getting a divorce in California, chances are you are a bit overwhelmed with both the weight of the decision and the process ahead. Simplifying the entire thing may bring some semblance of peace of mind.

A: Assess …

It is important to honestly assess your situation before taking any steps toward your divorce. Is the relationship in a slump, or is it irreparably damaged? If you are certain that you want to move forward, have you looked carefully at the emotional, financial, and logistical implications for everyone involved? Finally, have you clearly and carefully articulated your decision to an experienced attorney who will advocate for you?

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Tax and Divorce QuestionsAre you considering a divorce, but concerned about the tax implications? It is definitely a good idea to be aware of the financial fallout associated with terminating a marriage. An attorney experienced in family law and divorce can be of assistance with these and other questions you may have as you approach this life changing and economics-altering event.

If We Owe Back Taxes, Who has to Pay Them?

Regardless of who earned all or most of the money when you filed a joint return, you may be responsible for money owed, even if the divorce decree states otherwise. It may come as a surprise that your tax refunds in the future may be used to pay your spouse’s state or federal tax debts. However, you may file for relief from joint liability under certain circumstances.

Can I File an Individual Tax Return if the Divorce is Not Final?

The short answer is yes, if you have a Decree of Separate Maintenance, Judgment of Legal Separation, or Degree of Separation. However, it may behoove you to investigate the possibility of jointly or filing married but separated. Naturally, once the divorce is finalized, you may file as either single, head of household, or widow.

For Tax Purposes, Who Claims the Amount Paid in Spousal Support and/or Child Support?

When it comes to spousal support, the receiving partner must claim that amount as income, whereas the paying partner may deduct all payments. It is therefore a good idea to keep accurate records of all payments and avoid paying in cash. On the other hand, child support payments do not affect taxable income one way or the other.

Who Claims the Dependents?

By default, the parent who has physical custody of children is allowed to claim them on his or her taxes. That being said, parents may come up with their own arrangements. Some versions may include:

  • Each parent claiming all dependents on alternating years;
  • Each parent claiming one or more dependent every year;
  • Evaluating the tax benefits of each parent’s claim and potentially sharing the savings.
Are Other Expenses Associated with the Divorce Deductible?

In some cases you may be able to deduct fees paid to your attorney, accountant actuary or appraiser. In each case, fees associated with tax advice related to your divorce are deductible.  Additionally, some fees paid related to property settlements, such as costs associated with preparing and/or filing a deed, are deductible.

Who Pays Taxes on Shared Retirement Income?

If you are dividing retirement benefits earned by one spouse, you generally utilize a Qualified Domestic Relations Order (QDRO). This arrangement allows funds to be distributed to two different locations in two separate checks, one for each of you. If the distribution occurs in one check, the retired spouse will be responsible for all taxes on the retirement income. Continue reading →

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support PaymentsSupport payments in California. Leaving a marriage can be a difficult decision. It is not made any easier by the financial constraints associated with dividing a household. Living separately is obviously going to cost more, and in many cases that means both parties are going to have to adjust the living standards to which they have become accustomed. How are the financial decisions made in California divorce cases? If you are seriously considering divorce, it is time to see an experienced family law attorney.

How are Spousal/Partner Support Payments Calculated?

California Family Code section 4320 lays out specific considerations to factor in when determining how much spousal or partner support payment is appropriate:

  • Time: How long has the marriage or domestic partnership existed?
  • Need: How can each partner best experience an equivalent standard of living?
  • Liabilities: What debts will each partner keep?
  • Assets: Who, if anyone, will stay in the home? What other property is being divvied up?
  • Employment: Will both partners be employed, or will one have primary childcare responsibilities?
  • Previous career advancement: Did one partner support the other through school or licensing programs to propel a career?
  • Training: Will on partner need education or training in order to obtain meaningful employment?
  • Age/Health: Do one or both partners have particular health needs that must be addressed?
  • Domestic Violence: Was there mental or physical abuse in the relationship?
  • Tax Impact: Because tax laws do not recognize domestic partnerships, will tax implications be favorable or unfavorable?

Temporary or Permanent Spousal Support Payments

Temporary support payments may be assigned while a case is pending; judges typically use a formula specific to their own county to make a calculation for the appropriate amount. Once the case is finalized, “permanent” support payments may be ordered based on the factors listed above. Do not be fooled by the term permanent. In this case, it simply means the order becomes valid once the divorce is finalized. It may or may not have time limits.

Changing the Support Payments

Imagine that after the divorce, the person paying support loses a job, or the person receiving support payments inherits a windfall. Either individual may, at some future time, experience a significant change in financial circumstances, prompting a request to change the amount of support. If both partners agree to the changes, a simple stipulation written up and given to the court will result in a new order relatively quickly. On the other hand, if there is a dispute, the individual requesting the change must file a motion with the court. This is something that should be done sooner rather than later, as changes to the order cannot be made retroactively. Continue reading →

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Going through a divorce and settling all related issues can be trying. Most people want to put the marriage and legal issues behind them once the divorce is finalized. Unfortunately, this is often not the case. Frequently, a former spouse will return to court in the years following a divorce in order to revisit legal matters or raise new complaints. Each time you return to court can be costly, and acrimonious tendencies may arise again. It is always important to have an experienced family law attorney on your side, one who can help you get the outcome you deserve and make the process of returning to court easier amark sanfordnd less costly.

The Ongoing Case of U.S. Representative Mark Sanford

Mark Sanford is a member of the United States House of Representatives and a former governor of South Carolina. In 2009, Sanford disappeared unannounced for several days; his assistant claimed Sanford was hiking the Appalachian Trail. When he returned, Sanford admitted to having an affair with a woman in Argentina. Sanford’s wife, Jenny, subsequently filed for divorce. The divorce was granted and finalized in 2010.

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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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