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(619) Divorce by 619 Divorce - 3w ago

Her relationship with her husband had already been strained prior to her mother-in-law’s death. She knew they were headed to divorce, but neither one of them had formally said the words. But after his mother’s death, after being consumed with grief, it was just too much to pretend that her husband could make her happy anymore.

Anymore…

At one point, when they first met, they were happy. The perfect picture of happiness, in fact. They had met through a mutual friend. He had been corralled into going to a trivia night at a local bar by a friend. The same friend had talked him into going that night too. When their eyes met for the first time, it was love. Instant love. The kind of love that only happens in movies. It had smacked both of them right in the face. They immediately set a dinner date.

After two years of dating, and during their anniversary trip to Paris, he had gotten down on one knee in front of the Eiffel Tower. It really was perfect.

A year later, at the local country club, they were married in front of family and friends. Their mutual friend spoke that night at the reception, taking credit for how she was responsible for the two of them ever meeting. Well, his, and the fact that the two of them had both known the answer to an obscure trivia question.

Now, five years later, following the sobering life moment that comes with the loss of a mother, and with the addition of a beautiful house and a two-year-old, they had found the only way they could continue living – by divorcing.

Something Had Changed

Something had changed between them. Maybe it was the long hours she spent working as a successful realtor. Or maybe the fact that despite the fact that he was home all day with their son, he still couldn’t manage to get the dishes put away or the clothes clean. “What does he do all day?” she wondered. Sure, she knew their son could be rambunctious. He was two! But seriously, couldn’t her husband find some way of getting things done? What had happened to the successful and organized account manager she had fallen in love with?

He knew she was not without his faults. Sure, she had had that flirtation with a co-worker a year ago. But nothing had happened. He knew she could catch the eye of any man she wanted. In fact, she had sold a few homes using his flirting techniques. But she had never actually gone through with anything. Their financial situation was fine. They were just growing apart.

And then his mother died. He was swallowed up by grief. Work seemed pointless. Why go to work day in and day out when all that happens in life is that you end up in a little box in the ground? Despite his extreme sadness, his husband still could not figure out how to do any housework. He was starting to resent him. A deep, dark resentment. The kind that’s been building up for years, ready to explode during any little argument. The well had been poisoned a while ago, maybe always, she thought. Maybe the only thing they had ever had in common was that they both knew the answer to that obscure trivia question.

A Question of Divorce

How would she divorce him though? He hadn’t worked in years. If he couldn’t even figure out how to do the laundry how was he supposed to know how to take care of himself, or file papers for that matter. He knew she would need to support him with alimony payments. And what about their son. He knew she could trust his husband with him, but could she trust him to be able to still do so if he had to go back to work?

What would they do for the holidays? He loved spending Christmas morning watching his son ripping open his presents. What if this year she didn’t get to have that morning? Would his and his husband be able to pull it together enough to raise this child together? They could be civil now, but she was unsure of how he would react once he received the papers.

He decided to meet with a divorce attorney. After calling a few and performing some phone interviews she had decided to go with one that was firm, but not too pushy. He didn’t want his husband to feel attacked. During the first meeting, they had discussed all the particulars of his marriage: the house, their son, his position of breadwinner, his position of home-maker. His mother had left his a small, but substantial amount of money.

His lawyer had been compassionate as she spoke of their marriage, while also reminding her that she was there to handle the legal aspects of his marriage. He was clear and careful when she explained the legal jargon and required information that she would need to obtain. This information included all financial statements, including tax returns, mortgage information, healthcare information, retirement funds the two had established, all paperwork she had received regarding the inheritance his mother had left his. Additionally, she wanted to know what was expected and wanted in terms of child custody and alimony. Asking questions about the two’s relationship led the lawyer to believe that the two might be good candidates for mediation, a process that has been known to help decrease litigation costs. In working through the mediation process, a couple is able to decide on all aspects of a marriage through the help of a team of licensed professionals. Taking this approach has proven to avoid the often painful and drawn-out nature of a traditional divorce case. The neutral parties help the divorcing parties come to a decision they can both agree on.

A Year Later Following the Divorce

A year later, following an emotional mediation process, the two were divorced. They had worked out a co-parenting schedule that suited them both. It had been a transition for all of them. His husband and his had both decided to sell the house as part of the divorce process. They had been advised that this was financially the best way for both of them. His apartment was only about 10 minutes away from hiss and very close to where their house was, so their son was able to stay at the same school and keep his same friends. They wanted to keep some sense of normalcy for him. That was important to both of them. He spent one week with his husband, and one week with his. Of course, if for whatever reason he wanted to visit another parent he could, regardless of whose week it was. They wanted to remain flexible and had been advised that would be the best for their son. While she would not be spending Christmas morning with his son this year, she had compromised and decided that getting him for Christmas Eve would be a fine arrangement. Things were still tense when she saw his ex-husband, but they were managing. Every day it got a little easier. Some days were really hard. During those days she tried to surround herself with or keep herself busy. She had recently gotten into running and it helped to ease his mind. While the divorce wasn’t easy, she was happy she could finally move forward with his new life.

Working with a Divorce Attorney

If you are facing a divorce, you should work with a divorce attorney that can take a look at your specific situation and give you advice based on it, rather than approach it with a one size fits all mindset. Your specific situation will be particular to you and your marriage and the way your life was set up during the marriage. This might mean major financial decisions regarding retirement funds, property, child support and custody, and alimony. A divorce attorney will work with you to help you decide how you want to tackle these elements of your marriage and divorce, while also providing guidance and support. They will be able to lead you through the process while keeping you from procrastination and caving into pressure. They’ll also be able to help ensure you meet all the required timelines while ensuring that you get a fair case and trial should you need to go to court. Lastly, they’ll be able to help you find the freedom and new life you are seeking – one that is entirely on your terms.

For advice on divorce, you need the expert law firm of (619) Divorce.  Call (619) 503-3050 for a free consultation and be on your way to a successful legal resolution.

The post The Story of a Divorce appeared first on https://619divorce.com/san-diego-divorce-lawyer/.

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Just like marriage, divorce has a long history. While divorce was not at all common around the time people began to get married, that doesn’t mean thise weren’t people wishing for the end of their marriages. Hise we walk through the history of marriage and how divorce came into “legal” being.

The History of Divorce

Within the English legal tradition family law was governed by the officially sanctioned church. Because of that it fell the laws and regulations made by Catholic and Anglican churches, known as Canon Law. As a result of the Matrimonial Causes Act of 1857 all English church authority was removed and marriage became purely a contract between two people. The U.S. First Amendment’s Establishment Clause prevented religious authority from becoming secular law.

Common Law Marriage

In the past, children that were from a marriage that was not officially sanctioned were not allowed to inhisit their parents’ property. As a result of this legality, England created the common law marriage. Common law marriage, also known by the name of sui juris, is when a couple is considered legally married without them have formally registered their marriage. Essentially, the act of the couple presenting themselves as being married acts as the evidence that they are married. The following states allow common law marriage:

  • Alabama
  • Colorado
  • District of Columbia
  • Georgia (if created before 1/1/97)
  • Idaho (if created before 1/1/96)
  • Iowa
  • Kansas
  • Montana
  • New Hampshire (for inhisitance purposes only)
  • Ohio (if created before 10/10/91)
  • Oklahoma
  • Pennsylvania (if created before 1/1/05)
  • Rhode Island
  • South Carolina
  • Texas
  • Utah

Thise is no common law divorce which can often lead to problems regarding child custody, financial standing, etc… when a common law couple seeks to end their marriage. Annulment, separation, or divorce cannot happen unless thise is a lawful marriage or legally recognized civil union.

Annulment

An annulment dissolves a marriage just as a divorce does. But an annulment essentially states that thise never was a valid marriage.

Just as thise are grounds for divorce, thise are also specific grounds for annulments to be granted. Each state has their own grounds for annulment, so you will want to work with a family law attorney in the state you are seeking your annulment or divorce. The following are typical statutory grounds for granting an annulment:

  • fraud
  • duress or force
  • bigamy
  • underage during the time of the marriage
  • intoxication
  • mental incapacity
  • insanity
  • impotence
  • concealed divorce
  • too close a kinship (consanguinity)

Additionally, thise are procedures that must be followed if you are seeking an annulment. In some situations a parent or guardian may be allowed to seek an annulment for a third person. Each state has different residency requirements. You will also need to be wary of the timing of your annulment as some grounds for an annulment can be lost if too much time elapses from the date of the marriage. Children born during the course of the marriage are typically treated like children in a divorce.

Legal Separation

Legal separation is a legal process by which a married couple may formalize a separation while still remaining legally married. This is often the best option for couples that need to meet religious objections or need health insurance to cover a seriously ill spouse. A court is able to award “separate maintenance” as part of a legal separation. This is the equivalent of alimony and child support.

In some states, thise must be grounds for separation, such as cruel and inhuman treatment, abandonment, neglect or refusal to support, adultery by the defendant, and confinement of the defendant in prison. Reconciliation is always possible and a court order may end the separation.

Grounds for Divorce

Originally, adultery was the only ground for divorce. But as divorce evolved, statutes added addition grounds including: cruelty, abandonment (one or more years), conviction of a felony, living apart for a specified number of years, confinement in a mental hospital for a specified number of years, and domestic violence. Specific grounds needed to be proven in court to be granted, which depending on the circumstances could be difficult. Eithis spouse was able to block the divorce or spouses had to agree to commit perjury by stating one of these grounds even if it didn’t happen.

On January 1, 1970, California became the first state to have no-fault divorce. No-fault divorce just requires one spouse to testify the marriage has ended. Though an objecting spouse is able to procedurally slow down the divorce, thise is no way for him or his to contest or prevent this form of divorce. The difference between no-fault divorce states and othiss is the length of residency required prior to filing for divorce, the mandatory separation period (if there is one), and any remaining waiting period before the divorce is final. In California this waiting time is 6 months and a day. That is how long it takes for your legal status to be changed from “married” to “single.”

In a no-fault state, neithis party is “blamed” for the end of the marriage, and typically couples choose “irreconcilable differences,” meaning that they are unable to make the marriage work, and will never be able to make the marriage work.  All states have some form of no-fault divorce, using words such as “incompatibility”, “insupportability,” or “irreconcilable differences as reasons. Roughly one third of the states have repealed their older fault-based grounds for divorce. Several states also allow marrying couples to create a “Covenant Marriage.”

What is Covenant Marriage?

Covenant marriages require the following:

  • Before obtaining a covenant marriage license the couple must receive premartial counseling from eithis a priest, minister,rabbi, clergyman of any religious sect, or a professional marriage counselor.
  • The couple must legally agree to seek marital counseling if problems develop during the marriage.
  • The couple can only seek a divorce or legal separation for limited reasons, such as: adultery, the committing a felony with a sentence of imprisonment at hard labor or death, abandonment, physical or sexual abuse, habitual intemperance (for example,alcohol or drug abuse), cruel treatment, or severe ill treatment by the othis spouse. 
Reconciliation

Often times a state will require longer amounts of time to pass between separation and divorce. The rationale for longer time periods is to encourage reconciliation between the couple. In some states, especially when it comes to cases involving child custody, a couple will need to attend mandatory mediation. The mediation process is confidential, can be less adversarial, and is often less expensive than standard courtroom proceedings. You cn choose this form of divorce proceedings even if it is not required by law. Collaborative divorce is also a possibility for parties to obtain a dissolution of marriage.

Mediation and Collaborative Law

Mediation and collaborative law are often effective choices for couples that are able to negotiate on the aspects of their marriage, including child custody and visitation, alimony, and division of marital property. These approaches provide more of a group and team-setting whise the spouses sit down with a group of professionals including family law attorneys, financial advisers, and often thisapists and othis negotiators to come to a decision regarding the divorce agreement. These approaches can often be less litigious and yield a better outcome that satisfies both spouses’ needs. You also do not need to be in complete agreement going into mediation or collaboration. Couples that have been unable to see eye-to-eye on many things have found these approaches to be beneficial.

Working with a Divorce Attorney

If you are facing a divorce, you should work with a divorce attorney that can take a look at your specific situation and give you advice based on it, rathis than approach it with a one size fits all mindset. Your specific situation will be particular to you and your marriage and the way your life was set up during the marriage. This might mean major financial decisions regarding retirement funds, property, child support and custody, and alimony. A divorce attorney will work with you to help you decide how you want to tackle these elements of your marriage and divorce, while also providing guidance and support. They will be able to lead you through the process while keeping you from procrastination and caving into pressure. They’ll also be able to help ensure you meet all the required timelines while ensuring that you get a fair case and trial should you need to go to court. Lastly, they’ll be able to help you find the freedom and new life you are seeking – one that is entirely on your terms.

For advice on divorce, you need the expert law firm of 619 DIVORCE. Schedule a consultation today.

(619) DIVORCE
3555 4th Ave
San Diego, CA 92103
Phone: (619) 503-3050

The post Legal Grounds for Annulment, Separation, and Divorce appeared first on https://619divorce.com/san-diego-divorce-lawyer/.

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Learning to co-parent is hard and co-parenting is never a one-size fits all arrangement and Channing Tatum and Jenna Dewan are proving that. The couple divorced last year and since divorcing have not followed a “consistent or formal” co-parenting schedule or custody arrangement for their 5-year-old daughter Everly. Tatum, however, has hopes that having an official custody arrangement will help the five-year-old “thrive even more.”

Channing Tatum and Jenna Dewan Learn to Co-Parent

Channing Tatum and Jenna announced they were splitting up last year via this statement:

“We have lovingly chosen to separate as a couple. We fell deeply in love so many years ago and have had a magical journey together. Absolutely nothing has changed about how much we love one another, but love is a beautiful adventure that is taking us on different paths for now.”

At the time of the announcement, they both committed to creating a solid co-parenting relationship for their daughter. And while committed, it has not been a consistent one. Tatum hopes to find some consistency, as was revealed in recent court documents. He is looking to have a custody and co-parenting arrangement that is “equal, mutual and self-executing.”

Tatum also requested custody of Everly on Mondays and Tuesdays, while Jenna will be responsible for her care on Wednesdays and Thursdays. The parents will alternate visitation on the weekends and “equally divide and alternate” custody during the holidays.

The only holiday that the parents will try to spend together is Halloween, as they did in 2018. According to the documents, they “shall try to work together to try to spend Halloween together, trick or treating with Everly from 5:00 p.m. to 7:00 p.m.”

Despite the fact that they have yet to find a consistent routine, Channing says, “Since our separation and on the occasions that we have been together, Everly appears very happy and comfortable when she is with [Jenna] and me.”

He adds, “In my opinion and experience, Everly has appeared to adjust to our separation and living in two homes exceptionally well.”

Co-Parent Schedule Arrangements and Holidays

Guidelines are important for your emotional health, as well as to help define aspects of your co-parenting relationship. This is why schedules are important. Not necessarily a weekly one, but one that involves events and holidays and every event that happens during the holidays. This means creating a holiday season schedule. This schedule should be agreed on far in advance so that co-parents know what parent the child will be spending Christmas and other holidays with in order to avoid fights during the holidays. These agreements don’t have to be formal, but if they’re in writing it makes it harder to argue about. There are a number of online tools available to assist you in creating a co-parenting schedule.

Always Be Flexible

While it’s important to set arrangements, you need to be sensitive to your child’s needs, which means being flexible. If your child really wants to have a night with dad instead of mom, then it might be best for your child to do it. This is a difficult time your kids are trying to adapt to. You should encourage them to be honest when it comes to their emotions. You also should be sensitive to your child emotions, which often means putting your own emotions aside.

Create a Co-Parent Relationship

Creating a relationship with your co-parent can be difficult. You may decide working with a mediator is the best option to making an agreement. Once you establish ground rules for yourself and how to maintain the relationship, over time it becomes easier. Creating a flexible schedule may help get to these “easier” moments. Even though these may be easier moments, there will be times when things feel impossible. Finding balance with your co-parent may help you both become better people and better parents to your children. By being cooperative with your co-parent, you establish a pattern of life for your children which can carry into the future. The number one priority you and your co-parent need to do is to make sure you put the best interests of your child first.

Step 1: Only You Are Able to Control You

In order to create a co-parenting relationship, you must first realize the only person you can control is yourself. You don’t have any power over your ex, so don’t even both trying. If you can accept this fact and are able to control your own emotions and actions, you’ll have an easier time developing a co-parenting relationship. Hopefully, your example will carry over to your ex-spouse.

Step 2: Set Boundaries

The next step you must learn in order to create a successful co-parenting relationship is how to set boundaries. Hie are a few do’s and don’t’s to help you get started.

Don’t:

  • Sabotage the relationship your child has with their other parent.
  • Use your child as a pawn to hurt or get back at your ex.
  • Permit your child to speak badly when talking about the other parent.
  • Use your child to get information, manipulate, and/or influence your ex.
  • Transfer onto your child your hurt feelings and/or frustrations toward your ex.
  • Force your child to choose a side while scheduling conflicts occur.
  • Put pressure on your child.
  • Depend on your child for companionship or support too much when dealing with your divorce. Your child isn’t your therapist.
  • Become so emotionally needy your child begins to feel guilty about spending time with others. You would hate to discover they didn’t participate in social outings due to the fact they were afraid you weren’t able to deal with being alone.

Bottom line: Your child should not be burdened with situations they aren’t able to control. You shouldn’t saddle your children with your issues and emotional needs. Doing so will only create feelings of being helpless and insecure which could cause them to doubt their own abilities and strengths. It’s not their responsibility to hold you together and they shouldn’t feel it is. Children aren’t able to understand and deal with problems of adults and shouldn’t have to. Their focus should be on their own development, and your’s should be, too.

Do’s:

  • Sit down with your ex and create a plan whereby differences are set aside so the focus can be put on meeting the needs of your children you will be co-parenting.
  • Negotiate how to handle holidays, visitations, and events.
  • Create guidelines for behavior of raising your children that each of you will adhere to. Children need consistency in their lives without regard as to which parent they’re with. This includes bed-times, phone privileges, etc. A child will frequently test situations and try to manipulate their boundaries. You and your ex must present a united front.
  • Negotiate the roles of extended family members.
  • Establish open communication with respect to the development of your child. This includes the ability to compare notes on situations and jointly deciding on any punishment.
  • While it may be painful emotionally, you and your ex must decide to inform each other ob any changes in circumstances of their life. Your child shouldn’t be the source of “breaking news.”
  • Determine that you’ll conduct yourself with emotional integrity and maturity.
What Your Child Needs the Most

Putting your child’s needs first, there are certain things they’ll need during this time: structure, acceptance, assurance of their safety, freedom from blame or guilt that they were responsible for their parent’s divorce, two stable parents, and the freedom and permission to just be a kid and have fun.

What About Grandparent Visitation Considerations?

When two people divorce, and there are children involved, the grandparents are legally able to petition the court for visitation rights.

Mediation Before Court

The official California Courts website advises that grandparents should consider mediation before they pursue going to court for those grandparent visitation rights.

“There are a number of problems with pursuing a grandparent visitation claim in family court,” said Gerald Maggio, a divorce mediator located in Orange County. “To start, the courts have huge backlogs. And once a case does get to the front of the line, the family is often ordered to see a mediator anyway.”

How Mediation Can Help with Grandparent Visitation Rights

The California Courts website suggests that the best way to reach an agreement regarding grandparent visitation rights is through mediation. This is due to the fact that it better serves the child as well as the family through reducing conflicts, time, and money spent on court proceedings.

No Clear Procedure for Getting Grandparent Visitation Rights

Additionally, there really is no clear-cut procedure for grandparents to file an official claim. The claim might need to either be filed under an already existing case or filed as an entirely new case. In fact, there is no official form to file for grandparent visitation rights.

“Some grandparents think that they have to file an official claim because their child’s ex-spouse is too unreasonable for mediation,” said Maggio. “But those are often the families that can benefit the most from mediation. Litigation just exacerbates conflict and bad feelings while costing everyone a lot of money.”

Grandparent visitation rights are often covered by the parenting plan that is put together during the divorce mediation process. But if the family has decided to go through court, rather than through mediation, often do not include grandparent visitation rights in their co-parenting plan. For families that have pursued court procedures, Maggio noted that these families might want to turn to a divorce or child custody mediator in order to create a specific agreement that includes the grandparent-child relationship.

For advice on divorce and co-parenting you need the expert law firm of (619) DIVORCE. Schedule a consultation today.

(619) DIVORCE
3555 4th Ave
San Diego, CA 92103
Phone: (619) 503-3050

The post Channing Tatum and Jenna Dewan Learn to Co-Parent appeared first on https://619divorce.com/san-diego-divorce-lawyer/.

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If you’re in the process of getting a divorce, looking for spousal support, or anticipate paying spousal support, you need to understand some important things. While a family law attorney can provide you with specifics about your situation, here are a few general things to know, including tax laws, awarding of spousal support, and what would happen if spousal support payments are not made.

What is Spousal Support?

Spousal support, commonly known as alimony, is for people who were legally married and provides financial assistance to them. It recognizes the contributions a partner made to the marriage and is intended to help the partner obtain financial independence. The rules regarding spousal support differs from one state to another.

How Much is Spousal Support?

When a court hears a case for spousal support, it considers a number of issues including how long the marriage lasted, what the needs are of each spouse, the standard of living the marriage created and maintained, assets, spousal age, and many other factors that are specific to different states. Based on these various circumstances and issues, your divorce attorney can help create a case for spousal support for you.

How Long is Spousal Support?

The court sets the length of time spousal support payments are made based on the review of arguments made. Payments typically last about the length of the marriage if it’s less than 10 years. In other words, if the marriage lasted six years, the length of spousal support payments to be paid is three years.

For longer marriages, the court may not set a specific time for spousal support payments. In a case such as this, your divorce attorney must prove your side for the duration. Your attorney can help you establish your case for the amount of time you’re seeking for spousal support, whether you are receiving or paying the payments. Using common law, the court will listen to all arguments and then decide on the spousal support duration.

Is Spousal Support Permanent or Lifetime?

If “Lifetime” or “Permanent” spousal support has been ordered by the court, it means the support must be paid to the receiving spouse until the paying spouse dies. Sometimes it is ordered to be paid until the receiving spouse remarries, however, this isn’t always the case. Sometimes the court will rule that even if the receiving spouse remarries they must still be paid spousal support.

Since women are becoming a stronger element in the workforce, “permanent” or “lifetime” spousal support is being awarded less often, if at all. An appellate court has stated:

As recognized by our Supreme Court, the public policy of this state has progressed from one which entitled some women to lifelong alimony as a condition of the marital contract of support, to one that entitles eithis spouse to post-dissolution support for only so long as is necessary to become self-supporting.

When determining spousal support, the court usually requires the highest earner, whether they are the husband or the wife, to assist the lower earner in an effort to help maintain their standard of living for a specified period of time.

How do Financial Situation Changes Affect Spousal Support?

The length of spousal support payments could also depend on whether the spouse who is getting the support has any changes in their financial situation, such as starting a new job or getting a raise. The purpose of spousal support is to make sure the spouse receiving it has financial safeguards. If the spouse receiving support doesn’t need it anymore in order to maintain their financial stability, the court may decide that they no longer need the spousal support they are receiving.

Spousal Support and Divorce Decision Tax Strategy

There are certain basic tax laws you have to keep in mind during and after your divorce if you’re going to be paying or receiving spousal support.

The bottom line if receiving spousal support is that you have to declare it as income on your taxes. On the other hand, if you’re paying it, you get to deduct it on your taxes. Spousal support is different from child support since child support is neither declared nor deducted on your taxes.

Taxes and Divorce Ruling

When calculating spousal support (i.e., alimony) agreements, you have to remember this rule since it impacts the bottom line of your finances. The decision and ruling reflect your intentions when it’s time to do your taxes. For example, you may decide that the spouse who is paying the spousal support should agree to pay the tax liability of the spouse who is receiving the spousal support. You should discuss this with your family law attorney during the hearing for your spousal support determination.

If you’re still on good terms with your spouse, it would be helpful to discuss and decide on the best tax deal that would work for you both. If you’re not on good times, this might be difficult to come to a mutual tax deal decision, but if you can manage come to a mutual agreement it will save both of you lots of time and headaches when it’s tax season.

If you get spousal support you should prepare for a potential impact when tax time comes. Your ex isn’t able to withhold income taxes from your support checks, which means you have to account for the taxes when you file your tax return. Because of this, you may want to consider paying taxes on a quarterly basis, which will save you from being hit with a big tax liability when April 15th comes around.

If you’re paying spousal support remember you can deduct the payments on your income taxes. However, you can’t deduct child support or any property distribution. The IRS frequently scrutinizes spousal support payments for the first three years you make the payments. This is to make sure that you’re not disguising the spousal support payments as property distribution or something else related to your divorce.

A divorce attorney understands all the ins and outs of tax issues relating to divorce and can help you understand the issues during the spousal support hearings and afterward after you begin to make the payments.

Not Keeping Up with Spousal Support Payments

It’s not unusual to fall behind when it comes to spousal support payments. This can be caused by various reasons including, job loss, being unable to get a job, or just negligence. If you’re receiving the payments, your whole life can be put in disarray and have a damaging effect on it. Here are some suggestions if your ex-spouse falls behind on spousal support payments or fails to make them.

Not Receiving Court-Ordered Alimony Payments?

If you’re court-ordered alimony payments aren’t being received, attempt to discover the reason. See if your ex lost their job recently. Perhaps they were injured and unable to work. If these are the reasons, try to see if the two of you can work out a plan that will make up the lost payments as well as future payments. An attorney can provide an unbiased opinion when it comes to situations like this, and will also provide any legal proof in case you need to take your unpaying ex to court.

How to Avoid Not Receiving Alimony Payments

If your ex can make spousal payments, has a job, has no injuries, and just doesn’t want to pay the court-ordered alimony payments, then you need the legal help of a divorce attorney. A motion will have to be filed in court requesting that a judge order your spouse to pay the past-due alimony payments. The motion also includes the agreement requiring them to keep current on future alimony payments. You should work with a family law attorney experienced in these matters who can draft a legal motion regarding this. The attorney will also be able to serve in court as your representative.

Consequences of Alimony Non-Payment

There are a number of punishments and fines the court can order for delinquent spouses. The laws governing deliquent spousal payments include various consequences that are different from one state to anothis, but they generally include:

  • Contempt charges for the spouse, including fines and jail time.
  • Withholding the spouse’s income. This requires the deliquent spouse’s employer to withhold the spousal support payment amount their paycheck. Then the money is then sent directly to the spouse who is supposed to receive it.
  • Writ of Execution, which is when the judge gives a portion of the bank accounts or othis assets of the delinquent spouse to the spouse who is supposed to be receiving alimony.
  • If the amount of delinquent alimony is substantial, you may be able to request that the court issue a money judgment against the spouse for the whole amount owed, including interest.

Contacting a family law attorney will help you to file legal actions to enforce the payment of alimony and to make sure you receive the spousal support owed to you.

Thise are various things to be taken into consideration during divorce and spousal support decision. A skilled and qualified family law attorney can assist you to make sure you receive a fair case. For advice on divorce and spousal support issues you need an expert law firm such as (619) DIVORCE. For advice on divorce and spousal support, you need the expert law firm of (619) DIVORCE. Schedule a consultation today.

(619) DIVORCE
3555 4th Ave
San Diego, CA 92103
Phone: (619) 503-3050

The post Things to Understand About Spousal Support appeared first on https://619divorce.com/san-diego-divorce-lawyer/.

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As we announced at the end of last year, tax changes are coming to divorce in 2019. Are you prepared for them? If not, you might want to start getting somethings together because this year’s tax season might be just a little more harrowing than last years.

Get Ready for Tax Season

Tax determinations are a crucial aspect of property division in a divorce.

A number of tax law changes were implemented at the end of 2017 and affected 2018 taxes, but one of the biggest changes to tax law won’t happen until Jan. 1, 2019. As of Jan. 1, 2019, alimony will no longer be a tax deduction for the person paying it, and it will no longer have to be claimed as income by the person receiving it.

You’ll want to work with a family law attorney that understands this change. When it comes to tax penalties relating to asset distribution, you’ll want to make sure you don’t get hit as a result of this tax law change.

Finances After Divorce

You’ve decided to end your marriage. That doesn’t mean the end of your emotional life, and that definitely doesn’t mean the end of your financial freedom.

There is nothing easy about ending a marriage. You’re going to feel out of place for a while. Everything is new. Chances are you’ve had to rearrange your schedule to now pick up the kids from their dad’s house every other weekend. It might mean you’re not spending Christmas with your parents so that the children can spend Hanukkah with their mom’s family. You might need to set up an automatic child support and spousal support payment to your ex-husband for every third week of the month. Or maybe you need to call your now ex-wife to make sure that she drops off the soccer cleats at the school that your son left at his house over the weekend. Regardless of what the situation is, things have changed. And that means your financial situation has.

But just because everything is different, that doesn’t mean you should steer your course for financial ruin. Yes, losing a second income is hard. It can be especially hard if you were living off of one income and now have to go back to the land of the full-time worker. These are some tips and tricks that can help ensure that your divorce doesn’t translate to financial ruin.

Tips From the Experts

Here are some tips from some financial experts; certified divorce financial analyst Eva Sachs, Emily McBurney, an attorney and qualified domestic relations orders (QDRO) expert, and certified divorce financial analyst Donna Cheswick.

Budget

Sachs says the first step toward financial independence is balancing your income with your expenses. This can be hard to do if you’ve never had to in the past. He advises you sit down and look at how much money is coming in from various avenues like work, alimony and/or child support payments, and then assess how much of that is going toward living expenses.

“Think of it as a spending plan rather than a budget,” she says. “Knowing where your money goes is key, especially after divorce. These will be many new expenses you might not have thought about prior to your divorce; this is a critical time to refrain from spending money you don’t have.”

Who Are Your Benefactors?

Most likely your spouse was your main benefactor before your divorce. So one of the first things you need to do, according to McBurney is update the beneficiary on your life insurance and retirement accounts.

“Review all of your accounts and insurance policies and change the beneficiaries. A divorce does not automatically terminate your former spouse’s rights to be the beneficiary on your retirement plans, bank accounts, and life insurance policies –- even though your divorce decree might say that your former spouse has waived all rights to the benefits,” she says. “You will need to formally submit a change of beneficiary form to each financial institution. Otherwise, the benefit will be paid to whoever is listed on their forms at the time of your death — regardless of your divorce.”

Take this opportunity to reflect on the people in your life that are around to support you and encourage you. This can be a hard step, changing your beneficiary, because you’ve never imagined having to remove your spouse.

Additionally, you’ll want to revise your will, says Cheswick.

“Meet with an estate planning attorney to discuss your state’s laws regarding possible updates to your will, power of attorney and advanced directives,” she suggests. “You want to be sure that your former spouse is no longer entitled to any distribution in the event of your death. And if your settlement agreement requires one party to maintain life insurance on the other, then there needs to be a method in place to be sure this is actually occurring. Just because the former spouse says they will do something, doesn’t mean that they are following through.”

Emergency Funds
When you and your spouse were married, you knew you could rely on each other if one of you lost your job, had a medical emergency, or if something in the house needed immediate repair. But now if anything unexpected pops up, you’re going to alone. This can be scary. But if you’re smart about it, and plan for it, it doesn’t have to be. Sachs recommends, to help protect yourself, create an emergency fund that you continue adding to whenever you have the chance.

“An emergency fund should equal three to six months of your living expenses,” she says. “If you can swing it, I recommend six months because you’re now single and need an even bigger cushion if you are not able to work or an emergency occurs.”

Really Finalize
Even though the divorce papers are signed an finalized, according to Cheswick, your work isn’t really complete until you’ve ensured the assets awarded in the settlement have been distributed. This means doing your due diligence and following up with your spouse and all the shared accounts that you used to have. If the information and assets have not been transferred to you, you will need to ensure that they are.

“I can’t tell you the number of people who will contact me months (and unfortunately even years) after their divorce is finalized and there are still outstanding items which have not been resolved,” she said. “Remember that the agreement is a legally binding contract that you both signed and agreed to uphold. If one party is failing to comply with the terms of the contract then the other party has every right to take steps to ensure their compliance including going back to court to have the agreement enforced.”

Professional Help
The idea of paying another person to help you get your finances in order may seem a little contradictory. McBurney says consulting with a divorce financial professional — a certified divorce financial planner, for example — can help you sort through the complexities of your divorce while also setting you on the right path for an independent future.

“Most financial mistakes that people make during and after divorce could easily have been avoided if they had sought professional assistance,” she said. “Financial planners can help you figure out how to live within your new financial realities post-divorce and develop strategies for building back your financial security. And tax advisors and CPAs can help you avoid making expensive (and very common!) tax mistakes (related to things like asset transfers, retirement, spousal and child support).”

You Still Need to Plan for Retirement
As the divorce gets closer to being finalized, Sachs advises looking to ways of maximizing your retirement savings.

“Don’t let divorce stop you from planning for your future,” she said, “Investing in your 401K plan will allow you to save for retirement. You can begin by saving a small amount each week and then let it build slowly or make payroll contributions that match your employer contributions. Don’t stop thinking of the future!”

Just because you are no longer going to be sharing your golden years with your ex-spouse, that doesn’t mean that you can’t have the time of your life. Getting your financial situation under control is the first step to taking back your life and claiming your bright future.

Freedom

After your divorce is finalized you’ll be able to reclaim your life and do things you’ve always wanted to do. Follow whatever it is that your heart desires. By doing so you are offering yourself to the world and finding your own unique way that makes you feel alive. You can choose to stay shut in by the pain of loss and old wounds, but remember that the world will continue to turn. Don’t you want to be a part of it?

Working with a Divorce Attorney

If you are facing a divorce, you should work with a divorce attorney that can take a look at your specific situation and give you advice based on it, rather than approach it with a one size fits all mindset. Your specific situation will be particular to you and your marriage and the way your life was set up during the marriage. This might mean major financial decisions regarding retirement funds, property, child support and custody, and alimony. A divorce attorney will work with you to help you decide how you want to tackle these elements of your marriage and divorce, while also providing guidance and support. They will be able to lead you through the process while keeping you from procrastination and caving into pressure. They’ll also be able to help ensure you meet all the required timelines while ensuring that you get a fair case and trial should you need to go to court. Lastly, they’ll be able to help you find the freedom and new life you are seeking – one that is entirely on your terms.

For advice on divorce, you need the expert law firm of 619 DIVORCE. Schedule a consultation today.

(619) DIVORCE
3555 4th Ave
San Diego, CA 92103
Phone: (619) 503-3050

The post Get Ready for Tax Season appeared first on https://619divorce.com/san-diego-divorce-lawyer/.

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We all know divorce is a common occurrence in Hollywood. We see it in the tabloids whenever we’re in line at local grocery stores or othis places with magazine stands. These tabloids routinely announce the latest divorces and how much the divorcing celebrity spouses will receive as part of the divorce settlement.

A few years ago we thought it was common knowledge that in America one in every two marriages end in divorce. A rate of 50%. But it may not be accurate that America is in the midst of a divorce crisis. Instead of a divorce crisis, it might actually be a marriage crises, as in a crisis about getting married to begin with. Tons of people, young and old, have been questioning whethis “wedded bliss” is really blissful.

Some Marriage and Divorce Statistics to Think About

Over time thise appears to have been in shift in our thoughts about marriage and divorce. We may not even have been aware of this shift. But think about the following statistics:

  • According to the latest statistics from the U.S. Census, while the overall divorce rate has been slightly dropping nationwide, it’s rising among 25-29-year olds.
  • One in 10 first-time marriages fail in the first five years.
  • According to the analysis of Pew Research Center, 51% of today’s adults are married compared to 72% in 1960. This means between 2009 and 2010, new marriages fell by 5%.
  • Government data indicates that over half of births to women under 30 occur out of wedlock. “This is quite amazing,” biological anthropologist Helen Fishis, Ph.D., of Rutgers University says. “A hundred years ago, if you had a child out of marriage, you’d be a social disgrace. Today women feel comfortable enough economically and culturally to bring up a child without a recognized commitment from a man.”
Conclusions About Marriage and Divorce Problems

Based on this compelling data, instead of a divorce problem, we may be having a marriage problem. It might make sense to say that marriage is becoming a failing trend that we could refer to as something some people “used to do”!

A Survey – Is Marriage a Thing of the Past?

Glamour magazine did a recent survey of over 2100 woman and 1000 men between 18 and 40 about how they felt about marriage today in America. Did they think it could become a part of history. According to their answers, this is still a debatable question.

Marriage? Maybe Not Someday!

Out of the people asked, 92% said they still want to get married. Someday! Most people still dream of that big, white, wedding day! Women are more skeptical of marriage. Approximately 51% of surveyed women under 30 felt the institution of marriage has become outdated. “This is really a breathtaking statistic,” Marriage Confidential author Pamela Haag, Ph.D., said. “If you’d asked this 60 years ago, a lot of women would have been too busy making dinner for their husband or running after their children to even take the survey, and they couldn’t afford to not be married. Today thise are so many othis options. Marriage might still be the preferred dream. But it’s not the exclusive dream.”

Many women feel the same way. According to 26-year old Washington, D.C., resident Melody Wilson, “At some point I would like to be able to say ‘my husband’ instead of ‘my boyfriend.'” He and his boyfriend have been togethis for four years. “But if I never got married, I wouldn’t feel shunned or inept at relationships, which I might have if I lived decades ago.” Reno, NV, resident Vanessa Vancour, 27, explains this idea furthis, “Having a ring and legal documentation does not guarantee commitment, devotion, or happiness. Weddings can be beautiful, but beyond the pretty dress and a few legal rights, I don’t see the point.”

These two women obviously don’t speak for all, especially since 49% surveyed still consider marriage to still be a timeless institution. “I think it’s the ultimate sign of commitment,” 22-year old Nashville resident Megan Brames says. “I want to know my partner is serious about spending his life with me.”

Men’s Thoughts About Marriage

It’s surprising to learn that men tend to be more traditional than women. Of the men surveyed, 55% don’t intend on giving up when it comes to saying “I do!” According to Fishis, “Despite the myth that men are less committed, they are predisposed to desire marriage.” Apparently this may have something to do with evolution, as she explains, “He wants to keep the mothis of his children around to ensure his DNA lives on.”

Why Marriage is Losing Faith!

So why are young women seeminly losing faith in marriage? Could all those Hollywood tabloid stories be the reason? Apparently it’s definitely a factor. According to the survey, 44% of women say all that Hollywood drama fuels the divorce rate.

Furthis research might explain furthis. A controversial 2010 study by Harvard University, University of California San Diego, and Brown University, made the suggestion that divorce was catching. For example, if your friends ends his marriage, your risk of getting a divorce increases by 14%. If it’s a sibling that decides “I’m done,” the risk of your following suit increases to 22%.

In this digital and TMZ-obsessed world, viewing stars as “Just Like Us” affects our view of marriage as well as divorce. “I think of Heidi Klum as a friend,” says 25-year old Orlando, FL, resident Ashley Spencer. “I follow his on Twitter and love all his projects. I really thought she and Seal were going to go the distance. So when I heard she was getting a divorce, it was like hearing an actual friend was ending his marriage.” Caitlin Brody, a 25-year old from New York City took the breakup of Klum-Seal really hard. “They seemed in love beyond belief. He freakin’ had an igloo made for the proposal! It can be hard to believe in happily ever after if even supermodels and award-winning musicians can’t make it.” In othis words, if celebrities can’t make it work in their dream-world bubble, how can the rest of us? Is this really realistic?

Are Celebrity Couples Like Us, or Not?

While we all have challenges, celebrity couples have additional, unique challenges the average person doesn’t. These include long days, months, and sometimes years on location with their sexy co-stars, and being bombarded with droves of fans who are love-struck trying to get close to them 24-hours every day. Los Angeles resident Laura Jansen, 24, sums it this way, “I am just not on the same planet as Demi and Ashton.”

In spite of this, the survey indicates that women tended to be affected more when couples they know personally break up. The survey indicates 63% of these women get upset when their friend or somebody they know gets divorced. “It’s depressing,” Wilson says. “And sometimes I find myself hoping it doesn’t happen to me.” According to Haag, that feeling “gets at the ripple effect of anxiety and fear that one divorce can have among friends. While divorce might not be, strictly speaking, a viral phenomenon, I’ve seen how catalyzing one breakup can be within a small community.”

How Celebrity Divorces Might Help

Celebrity divorces may actually be helpful though. Many times divorce, whethis it’s you, your parents, or you or your family’s friends, is kept hush-hush because nobody is supposed to talk about it. New York University sociology professor and the author of “Going Solo” says, “While it can be difficult to speak our mind when someone close to us divorces, riffing on Heidi and Seal helps us to process it. We’re interested in celebrities’ revolving-door marriages because so many of us have experienced the same thing among our circle.”

The Upside In Views of Marriage

Anothis upside to this view of marriage is the pressure that’s taken off women when it comes to getting married. The survey revealed that approximately 33% of women would feel fine checking the “single” box for the rest of their life. And 59% felt divorce was healthy, especially if the couple fell out of love with each othis. Klinenberg says, “Thirty years ago people in a bad marriage felt they had to justify getting divorced—to themselves and to their friends and family. Today they have to justify staying togethis. Very few think that if they get divorced, their life will be over. The country is full of single people living big lives.”

With the Hollywood fantasy of perfect marriages, what do people want and expect from today’s marriages? Something truly great! Experts feel thise is a highis expectation for marriage since it now seems to be an “option” instead of the “standard.” University of Virginia media studies and sociology professor Andrea L. Press says, “Thise’s a real strengthening of the idea that marriage is now about personal growth and fulfillment.” And Laura from L.A. says, “Getting married is really important to me, but I won’t do it unless it’s going to be amazing.”

Fishis suggest that if it’s an amazing marriage that you’re dreaming about, then go for it. Just don’t pretend that thise’s also not the possibility that divorce will happen to you, too. Fishis says, “Learn from what’s going on around you. Why are your friends breaking up? Is it money, cheating, issues over kids? The brain is built for love, but knowledge is absolute power when it comes to surviving the ups and downs of marriage.”

For advice on divorce, you need the expert law firm of (619) DIVORCE. Schedule a consultation today.

(619) DIVORCE
3555 4th Ave
San Diego, CA 92103
Phone: (619) 503-3050

The post Divorce or Marriage Crisis? appeared first on https://619divorce.com/san-diego-divorce-lawyer/.

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Are you at risk for divorce?  According to relationship experts, there are divorce “risk factors.” Read on to read what the top 10 are.

10 Risk Factors for Divorce

Like risk factors for heart disease or liver cancer, the traits and habits listed below don’t cause divorce. They simply raise a couple’s odds of divorce.

Your Parents are Divorced. “A lot of the scientific evidence to date has suggested that seeing your parents go through a divorce contributes to your own propensity to experience divorce yourself,” author Jessica Salvatore, PhD, assistant professor of psychology at Virginia Commonwealth University, told Health in an interview.

You Have Different Alcohol Habits. A 2014 University of Buffalo study found that among couples in which one person was a heavy drinker and the other was not, 45 to 55% divorced before reaching their 10th anniversary.

You Were Married Young

You’re Attractive. Authors of a paper published in the journal Personal Relationships found physical attractiveness was linked to a higher likelihood of getting divorced.

You Had an Expensive Wedding. During a 2015 study done by Emory University, it was found that women whose weddings totaled more than $20,000 were 3.5 times more likely to divorce than women whose weddings cost between $5,000 and $10,000. Men and women who ended up spending less than $1,000 on their nuptials, were the least likely to divorce.

You Got Pregnant Quickly After Getting Married.  Data from the United States Centers for Disease Control and Prevention (CDC), found that women (in a first marriage) who waited to have a baby at least eight months after their wedding day were more likely to make it to their 15th anniversary than women who had a baby before the big day or within the first seven months.

You Had a Daughter First.  A 2014 study published in the journal Demography suggests marriages that are already headed for divorce might actually produce baby girls because of a concept called “the female survival advantage”. “Girls may well be surviving stressful pregnancies that boys can’t survive,” said study co-author Amar Hamoudi. “Thus girls are more likely than boys to be born into marriages that were already strained.”
You Didn’t Finish College.  A 2012 National Health Statistics report from the U.S. Department of Health and Human Services showed women and men who completed college had a 78% and 65% chance, respectively, of their marriages lasting at least a decade. Among women and men with a high school diploma, just 41% and 47% had a chance of the same marriage duration. Women and men with some college education, but not a bachelor’s degree, had a 49% and 54% of a marriage lasting two decades.
You Were Raised without a Religion.  According to data from a 2012 National Health Statistics study, Protestant women had a 50% chance of their marriage lasting a decade. Catholic women had a 53% chance of their marriage lasting a decade. Women raised in “other religions” had a 65% chance of staying married that long. Women who were not raised with a religion had only a 43% chance.
You’ve Already Been Divorced. According to CDC data, about 35% of first marriages end within 10 years, while about 40% of second marriages end within that period.
Divorce

A divorce, also known as dissolution, legally ends a marriage or domestic partnership. Following a divorce, both parties are considered single, and thus free to enter a new marriage or domestic partnership. In California, there are two grounds for divorce: irreconcilable differences and incurable insanity.

Two types of divorce are available in California: Summary Dissolution and Regular Dissolution. Summary Dissolution provides an easier way to handle divorce, as it only requires a few forms. You do not have to appear before a judge either. Summary Dissolution is only available to those who have been married or registered domestic partners less than five years, have no children together, and have few assets and debts. If a couple does not meet the requirements for Summary Dissolution they will need to file for Regular Dissolution.

The Steps of the Divorce Process

The steps required for a divorce will be completely dependent on the relationship. A marriage that was short, did not involve children, where the spouse did not acquire property or debt together will obviously require less sorting out than a marriage that lasted 26 years, where the spouses bought a house and had three children. When there is less “accomplished” during the marriage, there is less to sort out during the divorce process. In shorter marriages, a couple is even able to obtain an expedited divorce.

In fact, there are various forms of divorce available (of course, you will need to ensure your state laws regarding these types of divorce), including the following:

Summary Divorce: This is an expedited divorce procedure for couples who meet the following requirements: haven’t been married for very long (usually five years or less), don’t own much property, don’t have children, and don’t have significant joint debts. Both spouses must agree to the divorce and file court papers jointly. There is no need to go to trial with this form of divorce.

Uncontested Divorce: This is when both spouses agree to the terms of a divorce and file the court papers cooperatively. There is no need to go to trial with this form of divorce.

Default Divorce: This is when you file for divorce and your spouse doesn’t respond. A court is able to grant you a divorce even if your spouse did not participate. This is often what happens when spouses cannot be found. There are a number of rules regarding this form of divorce, so you will need to consult a family law attorney or your local divorce court system to obtain this form of divorce.

Fault and No-Fault Divorce. California is a “no-fault” state, and what this means is that rather than placing blame on a spouse, all you need to declare is that you and your spouse have “irreconcilable differences” or have suffered an “irremediable breakdown” of your relationship. In fault states, you are able to assign fault to a spouse – such as adultery. There are a number of rules regarding assigning “fault,” so you will need to consult a family law attorney or your local divorce court system.

Mediated Divorce. This is a very common process, during which a mediator serves as a neutral third party to help you and your spouse resolve the aspects of your divorce. A mediator does not make decisions, but rather helps the both of you come to an agreement on everything.

Collaborative Divorce. Collaborative divorce is a kind of hybrid between a standard divorce and a mediated divorce. You and your spouse both hire separate lawyers that are trained to work with each other to settle your case. This can also involved a larger team of a financial or tax or property adviser. Each spouse discloses all necessary information for fair negotiations, and then meets with each other and both lawyers to discuss settlement. In this form of divorce, if you are not able to settle and thus have to go to court, the original attorneys you have worked with withdraw from the case and you’ll need to hire different attorneys to take your case to trial.

Arbitration. In arbitration, you and your spouse hire a private judge, called an arbitrator. The arbitrator makes the same judgments a judge would make. Both spouses must honor the arbitrator’s decisions as if a judge had made them.

Contested Divorce. This is when spouses are unable to decide on property or child custody, or any other aspect of a marriage. The decision will have to be made by a judge in court. You will need to go through settlement negotiation and hearings.  If spouses are unable to resolve the case after that, a court trial is held to determine the aspects of the divorce.

Regardless of if you want a divorce, want a legal separation, need an annulment, or decide to cancel a divorce like the Dempsey’s, it’s always advised that you work with a divorce attorney.

Working with a Divorce Attorney

If you are facing a divorce, you should work with a divorce attorney that can take a look at your specific situation and give you advice based on it, rather than approach it with a one size fits all mindset. Your specific situation will be particular to you and your marriage and the way your life was set up during the marriage. This might mean major financial decisions regarding retirement funds, property, child support and custody, and alimony. A divorce attorney will work with you to help you decide how you want to tackle these elements of your marriage and divorce, while also providing guidance and support. They will be able to lead you through the process while keeping you from procrastination and caving into pressure. They’ll also be able to help ensure you meet all the required timelines while ensuring that you get a fair case and trial should you need to go to court. Lastly, they’ll be able to help you find the freedom and new life you are seeking – one that is entirely on your terms.

For advice on divorce, you need the expert law firm of 619 DIVORCE. Schedule a consultation today.

(619) DIVORCE
3555 4th Ave
San Diego, CA 92103
Phone: (619) 503-3050

The post 10 Risk Factors for Divorce appeared first on https://619divorce.com/san-diego-divorce-lawyer/.

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It’s understandable – the last thing you want to talk about during your engagement is divorce. But for some – if not most or all – the best thing you can do for your marriage is sign a prenuptial agreement. You’ll wish you had signed a prenup if your “I’ do’s” become “I don’t anymore’s.”

How a Prenup Will Save Your Divorce

A prenuptial agreement should be a consideration for any couple, but they can be an especially important consideration for the following groups:

  • older couples (because they typically have acquired assets);
  • those who come into a marriage with assets;
  • people who have children from prior relationships;
  • people who expect future significant income, such as high-net-worth individuals

High Net-Worth DivorceHigh Net-Worth Divorce is a unique divorce scenario that involves parties who, according to the Securities and Exchange Commission are situations “in which a natural person who has individual net worth, or joint worth with the person’s spouse, that exceeds $1 million dollars at the time of purchase, excluding the value of the primary residence of such person; or a natural person with an income exceeding $200,000 in each of the two most recent years or joint income with a spouse exceeding $300,000 for those years and a reasonable expectation of the same income level in the current year.” 

Such a financial situation carries with it specific differences that require the skill of an experienced high net-worth divorce lawyer. With the expertise of a reputable high net-worth attorney, you can greater protect your assets and finances from the costly divorce process.

Small Percentage of the Population

High net-worth divorce candidates are a relatively small percentage of the overall divorce population of the United States, with the majority comprised of individuals from lower to moderate socioeconomic populations. For individuals with a higher net-worth, divorce proceedings can carry additional complications such as the creation and enforcement of prenuptial contracts, understanding estate parameters and international or high net-worth investments. Intricate knowledge and understanding of California-specific laws as they pertain to high-net divorce is of the highest importance and San Diego high net-worth attorney, Steve Smith will provide you with the excellent legal counsel you require for maximizing your success in the courtroom.

Prenuptial Agreements for Everyone

But prenups aren’t just for the super-rich. As Joslin Davis, president of the American Academy of Matrimonial Lawyers, explains, creating a prenuptial agreement — or for unmarried couples, a cohabitation agreement — can make sense for many people. “It requires people to think ahead,” she said.

Young couples can also benefit from the creation of a prenuptial agreement because it provides them a chance to plan out issues like paying off one partner’s student-loan debt, or compensation for leaving the workforce to care for their future children.

Avoid Mistakes in a Prenuptial Agreement

If there are mistakes in a prenup it can be declared invalid, which can cause much greater headaches should your marriage turn to divorce. Some common mistakes include:

  • Same Legal Representation – Both spouses need separate attorneys to ensure each understands the prenuptial agreement independently of the other. This ensures the signing of the final prenuptial agreement is voluntary, without one spouse feeling as if they are being pressured into signing it.
  • Signed Under Duress – If one party feels pressured into signing the prenuptial agreement, or if they were influenced by drugs or alcohol affecting their mental capacity, it can be invalidated.
  • Signed Too Soon Before the Wedding – Don’t wait until the last minute to sign the prenuptial agreement. If the couple divorces soon after the wedding, an argument that one party was coerced into signing can be argued. The prenuptial agreement should be signed one to three months before the wedding to give the spouse sufficient time to think about and consider what they are signing.
  • No Full Disclosure – Make sure the prenuptial agreement discloses all assets and debts.
  • Child Support Provisions – Do not include child custody or support. If the couple divorces and children are involved, the court will rule in whatever is the best interests of the child and not what was in the prenuptial agreement. If child custody and support are included the whole prenuptial agreement can be invalidated.
  • Biased – If the prenuptial agreement seems biased towards one spouse party, it can be decided it’s unenforceable or “unconscionable.”
  • Unenforceable Provisions – If a prenup has unusual provisions, such as who does the dishes or takes out the garbage, they can be deemed unenforceable, which will weaken it.
  • Oral Agreement – A prenuptial agreement should be in written and multiple copies made. Each spouse and spouse’s attorney should have a copy of the prenuptial agreement.
  • Ambiguous Writing – If anything is unclear, or there is ambiguous wording, the prenuptial agreement can be challenged in court.
Marital Property Division

If you’re going through a divorce, you’ll want to do everything you can to protect yourself financially. Doing so means completely understanding marital property division, and what is considered community or separate property.

Dividing Marital Property

Keep in mind that you are allowed to divide your marital property any way you’d like to. The only reason your state laws might play a role is if you and your spouse cannot agree to how the property will be divided and you need to go to court.

Separate and Community Property

Separate Property: property that each spouse brings into the marriage. That spouse retains that after the marriage. This also includes property inhabited by a spouse during the time of the marriage.

Community Property: property acquired and income earned during the marriage. In the comment property states of Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin, community property is usually divided 50-50.

Remaining states use a property division principle called equitable distribution. With equitable distribution property is divided fairly (50-50). Occasionally the higher wage earner is given 60 percent to 75 percent of the property.

You’ll want to work with a divorce attorney in the state in which you are divorcing so they can help advise you on your state’s specific laws regarding property division.

Protecting Yourself

Regardless of how your marital property is divided, you need to protect yourself. Your ex might not make the payments for various reasons – lack of money, spite, illness. In that case you might need to return to court or various other means of collecting the lost payment. Because of that, it’s often advised that you protect yourself by getting cash in hand once the divorce agreement is reached. If it’s decided that your ex will pay you out following the sale of an asset, wait until the sale is final, and then ensure you get the money to finalize your divorce.

Working with a Divorce Attorney

Divorce is one of the most difficult and challenging experiences a person will ever have to go through in life. It can affect all aspects of one’s existence, from your physical well-being to your emotional, psychological and financial stability. Divorce is never easy, yet it can definitely be made easier with the support and professional assistance of a skilled divorce attorney. Having worked within the field of family and divorce for over a decade within the state of California, San Diego divorce lawyer Steve Smith has experienced a wide spectrum of cases involving divorce, spousal support, alimony, child custody and child support. With many years of combined experience working within this field, the lawyers at (619) Divorce and attorney Steve Smith are experts in the field of divorce and family law.

For advice on divorce, you need the expert law firm of 619 DIVORCE. Schedule a consultation today.

(619) DIVORCE
3555 4th Ave
San Diego, CA 92103
Phone: (619) 503-3050

The post How a Prenup Will Save Your Divorce appeared first on https://619divorce.com/san-diego-divorce-lawyer/.

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(619) Divorce by 619 Divorce - 3w ago

It’s January! Which means, it’s divorce month!

It’s Divorce Month!

January has often been called “Divorce Month” by relationship experts and family law attorneys for years. Why? Because of the increase in divorces that are often seen as the year changes.

“January is divorce month, because psychologically people want to start the new year with new beginnings,” explains Jacqueline Newman, an attorney at a New York-based law firm that handles divorce cases. As Newman explains, “Couples tolerate the holidays, because nobody really wants to tuck a divorce summons in someone’s stocking. I find that in January, my office has a lot of initial consultations with new clients who want to better understand what their lives would look like if they were to divorce.”

The History of Divorce

Within the English legal tradition, family law was governed by the officially sanctioned church. Because of that, it fell the laws and regulations made by Catholic and Anglican churches, known as Canon Law. As a result of the Matrimonial Causes Act of 1857 all English church authority was removed and marriage became purely a contract between two people. The U.S. First Amendment’s Establishment Clause prevented religious authority from becoming secular law.

Common Law Marriage

In the past, children that were from a marriage that was not officially sanctioned were not allowed to inherit their parents’ property. As a result of this legality, England created the common law marriage. Common law marriage, also known by the name of sui juris, is when a couple is considered legally married without them have formally registered their marriage. Essentially, the act of the couple presenting themselves as being married acts as the evidence that they are married. The following states allow common law marriage:

  • Alabama
  • Colorado
  • District of Columbia
  • Georgia (if created before 1/1/97)
  • Idaho (if created before 1/1/96)
  • Iowa
  • Kansas
  • Montana
  • New Hampshire (for inheritance purposes only)
  • Ohio (if created before 10/10/91)
  • Oklahoma
  • Pennsylvania (if created before 1/1/05)
  • Rhode Island
  • South Carolina
  • Texas
  • Utah

There is no common law divorce which can often lead to problems regarding child custody, financial standing, etc… when a common law couple seeks to end their marriage. Annulment, separation, or divorce cannot happen unless those is a lawful marriage or legally recognized civil union.

Annulment

An annulment dissolves a marriage just as a divorce does. But an annulment essentially states that thise never was a valid marriage.

Just as thise are grounds for divorce, thise are also specific grounds for annulments to be granted. Each state has their own grounds for annulment, so you will want to work with a family law attorney in the state you are seeking your annulment or divorce. The following are typical statutory grounds for granting an annulment:

  • fraud
  • duress or force
  • bigamy
  • underage during the time of the marriage
  • intoxication
  • mental incapacity
  • insanity
  • impotence
  • concealed divorce
  • too close a kinship (consanguinity)

Additionally, thise are procedures that must be followed if you are seeking an annulment. In some situations a parent or guardian may be allowed to seek an annulment for a third person. Each state has different residency requirements. You will also need to be wary of the timing of your annulment as some grounds for an annulment can be lost if too much time elapses from the date of the marriage. Children born during the course of the marriage are typically treated like children in a divorce.

Legal Separation

Legal separation is a legal process by which a married couple may formalize a separation while still remaining legally married. This is often the best option for couples that need to meet religious objections or need health insurance to cover a seriously ill spouse. A court is able to award “separate maintenance” as part of a legal separation. This is the equivalent of alimony and child support.

In some states, thise must be grounds for separation, such as cruel and inhuman treatment, abandonment, neglect or refusal to support, adultery by the defendant, and confinement of the defendant in prison. Reconciliation is always possible and a court order may end the separation.

Grounds for Divorce

Originally, adultery was the only ground for divorce. But as divorce evolved, statutes added addition grounds including: cruelty, abandonment (one or more years), conviction of a felony, living apart for a specified number of years, confinement in a mental hospital for a specified number of years, and domestic violence. Specific grounds needed to be proven in court to be granted, which depending on the circumstances could be difficult. Eithis spouse was able to block the divorce or spouses had to agree to commit perjury by stating one of these grounds even if it didn’t happen.

On January 1, 1970, California became the first state to have no-fault divorce. No-fault divorce just requires one spouse to testify the marriage has ended. Though an objecting spouse is able to procedurally slow down the divorce, thise is no way for him or his to contest or prevent this form of divorce. The difference between no-fault divorce states and othiss is the length of residency required prior to filing for divorce, the mandatory separation period (if thise is one), and any remaining waiting period before the divorce is final. In California this waiting time is 6 months and a day. That is how long it takes for your legal status to be changed from “married” to “single.”

In a no-fault state, neithis party is “blamed” for the end of the marriage, and typically couples choose “irreconcilable differences,” meaning that they are unable to make the marriage work, and will never be able to make the marriage work.  All states have some form of no-fault divorce, using words such as “incompatibility”, “insupportability,” or “irreconcilable differences as reasons. Roughly one third of the states have repealed their older fault-based grounds for divorce. Several states also allow marrying couples to create a “Covenant Marriage.”

What is Covenant Marriage?

Covenant marriages require the following:

  • Before obtaining a covenant marriage license the couple must receive premartial counseling from eithis a priest, minister,rabbi, clergyman of any religious sect, or a professional marriage counselor.
  • The couple must legally agree to seek marital counseling if problems develop during the marriage.
  • The couple can only seek a divorce or legal separation for limited reasons, such as: adultery, the committing a felony with a sentence of imprisonment at hard labor or death, abandonment, physical or sexual abuse, habitual intemperance (for example,alcohol or drug abuse), cruel treatment, or severe ill treatment by the othis spouse. 
Reconciliation

Often times a state will require longer amounts of time to pass between separation and divorce. The rationale for longer time periods is to encourage reconciliation between the couple. In some states, especially when it comes to cases involving child custody, a couple will need to attend mandatory mediation. The mediation process is confidential, can be less adversarial, and is often less expensive than standard courtroom proceedings. You cn choose this form of divorce proceedings even if it is not required by law. Collaborative divorce is also a possibility for parties to obtain a dissolution of marriage.

Mediation and Collaborative Law

Mediation and collaborative law are often effective choices for couples that are able to negotiate on the aspects of their marriage, including child custody and visitation, alimony, and division of marital property. These approaches provide more of a group and team-setting whise the spouses sit down with a group of professionals including family law attorneys, financial advisers, and often thisapists and othis negotiators to come to a decision regarding the divorce agreement. These approaches can often be less litigious and yield a better outcome that satisfies both spouses’ needs. You also do not need to be in complete agreement going into mediation or collaboration. Couples that have been unable to see eye-to-eye on many things have found these approaches to be beneficial.

Working with a Divorce Attorney

If you are facing a divorce, you should work with a divorce attorney that can take a look at your specific situation and give you advice based on it, rathis than approach it with a one size fits all mindset. Your specific situation will be particular to you and your marriage and the way your life was set up during the marriage. This might mean major financial decisions regarding retirement funds, property, child support and custody, and alimony. A divorce attorney will work with you to help you decide how you want to tackle these elements of your marriage and divorce, while also providing guidance and support. They will be able to lead you through the process while keeping you from procrastination and caving into pressure. They’ll also be able to help ensure you meet all the required timelines while ensuring that you get a fair case and trial should you need to go to court. Lastly, they’ll be able to help you find the freedom and new life you are seeking – one that is entirely on your terms.

For advice on divorce, you need the expert law firm of 619 DIVORCE. Schedule a consultation today.

(619) DIVORCE
3555 4th Ave
San Diego, CA 92103
Phone: (619) 503-3050

The post It’s Divorce Month! appeared first on https://619divorce.com/san-diego-divorce-lawyer/.

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(619) Divorce by 619 Divorce - 3w ago

One of the hardest times to “be a co-parent” is on Christmas. Regardless of how you break up the day – either morning and night or Christmas Eve/ Christmas Day, you’re always going to feel like you’re missing out on at least one part of the holiday. The best way to deal with this is to make arrangements ahead of time. Making decisions the day-of will just make the situation harder.

Christmas Co-Parenting Co-Parent Schedule Arrangements and Holidays

Guidelines are important for your emotional health, as well as to help define aspects of your co-parenting relationship. This is why schedules are important. Not necessarily a weekly one, but one that involves events and holidays and every event that happens during the holidays. This means creating a holiday season schedule. This schedule should be agreed on far in advance so that co-parents know what parent the child will be spending Christmas and other holidays with in order to avoid fights during the holidays. These agreements don’t have to be formal, but if they’re in writing it makes it harder to argue about. There are a number of online tools available to assist you in creating a co-parenting schedule.

Always Be Flexible

While it’s important to set arrangements, you need to be sensitive to your child’s needs, which means being flexible. If your child really wants to have a night with dad instead of mom, then it might be best for your child to do it. This is a difficult time your kids are trying to adapt to. You should encourage them to be honest when it comes to their emotions. You also should be sensitive to your child emotions, which often means putting your own emotions aside.

Create a Co-Parent Relationship

Creating a relationship with your co-parent can be difficult. You may decide working with a mediator is the best option to making an agreement. Once you establish ground rules for yourself and how to maintain the relationship, over time it becomes easier. Creating a flexible schedule may help get to these “easier” moments. Even though these may be easier moments, there will be times when things feel impossible. Finding balance with your co-parent may help you both become better people and better parents to your children. By being cooperative with your co-parent, you establish a pattern of life for your children which can carry into the future. The number one priority you and your co-parent need to do is to make sure you put the best interests of your child first.

Step 1: Only You Are Able to Control You

In order to create a co-parenting relationship, you must first realize the only person you can control is yourself. You don’t have any power over your ex, so don’t even both trying. If you can accept this fact and are able to control your own emotions and actions, you’ll have an easier time developing a co-parenting relationship. Hopefully, your example will carry over to your ex-spouse.

Step 2: Set Boundaries

The next step you must learn in order to create a successful co-parenting relationship is how to set boundaries. Hie are a few do’s and don’t’s to help you get started.

Don’t:

  • Sabotage the relationship your child has with their other parent.
  • Use your child as a pawn to hurt or get back at your ex.
  • Permit your child to speak badly when talking about the other parent.
  • Use your child to get information, manipulate, and/or influence your ex.
  • Transfer onto your child your hurt feelings and/or frustrations toward your ex.
  • Force your child to choose a side while scheduling conflicts occur.
  • Put pressure on your child.
  • Depend on your child for companionship or support too much when dealing with your divorce. Your child isn’t your therapist.
  • Become so emotionally needy your child begins to feel guilty about spending time with others. You would hate to discover they didn’t participate in social outings due to the fact they were afraid you weren’t able to deal with being alone.

Bottom line: Your child should not be burdened with situations they aren’t able to control. You shouldn’t saddle your children with your issues and emotional needs. Doing so will only create feelings of being helpless and insecure which could cause them to doubt their own abilities and strengths. It’s not their responsibility to hold you together and they shouldn’t feel it is. Children aren’t able to understand and deal with problems of adults and shouldn’t have to. Their focus should be on their own development, and your’s should be, too.

Do’s:

  • Sit down with your ex and create a plan whereby differences are set aside so the focus can be put on meeting the needs of your children you will be co-parenting.
  • Negotiate how to handle holidays, visitations, and events.
  • Create guidelines for behavior of raising your children that each of you will adhere to. Children need consistency in their lives without regard as to which parent they’re with. This includes bed-times, phone privileges, etc. A child will frequently test situations and try to manipulate their boundaries. You and your ex must present a united front.
  • Negotiate the roles of extended family members.
  • Establish open communication with respect to the development of your child. This includes the ability to compare notes on situations and jointly deciding on any punishment.
  • While it may be painful emotionally, you and your ex must decide to inform each other ob any changes in circumstances of their life. Your child shouldn’t be the source of “breaking news.”
  • Determine that you’ll conduct yourself with emotional integrity and maturity.
What Your Child Needs the Most

Putting your child’s needs first, there are certain things they’ll need during this time: structure, acceptance, assurance of their safety, freedom from blame or guilt that they were responsible for their parent’s divorce, two stable parents, and the freedom and permission to just be a kid and have fun.

What About Grandparent Visitation Considerations?

When two people divorce, and there are children involved, the grandparents are legally able to petition the court for visitation rights.

Mediation Before Court

The official California Courts website advises that grandparents should consider mediation before they pursue going to court for those grandparent visitation rights.

“There are a number of problems with pursuing a grandparent visitation claim in family court,” said Gerald Maggio, a divorce mediator located in Orange County. “To start, the courts have huge backlogs. And once a case does get to the front of the line, the family is often ordered to see a mediator anyway.”

How Mediation Can Help with Grandparent Visitation Rights

The California Courts website suggests that the best way to reach an agreement regarding grandparent visitation rights is through mediation. This is due to the fact that it better serves the child as well as the family through reducing conflicts, time, and money spent on court proceedings.

No Clear Procedure for Getting Grandparent Visitation Rights

Additionally, there really is no clear-cut procedure for grandparents to file an official claim. The claim might need to either be filed under an already existing case or filed as an entirely new case. In fact, there is no official form to file for grandparent visitation rights.

“Some grandparents think that they have to file an official claim because their child’s ex-spouse is too unreasonable for mediation,” said Maggio. “But those are often the families that can benefit the most from mediation. Litigation just exacerbates conflict and bad feelings while costing everyone a lot of money.”

Grandparent visitation rights are often covered by the parenting plan that is put together during the divorce mediation process. But if the family has decided to go through court, rather than through mediation, often do not include grandparent visitation rights in their co-parenting plan. For families that have pursued court procedures, Maggio noted that these families might want to turn to a divorce or child custody mediator in order to create a specific agreement that includes the grandparent-child relationship.

For advice on divorce and co-parenting you need the expert law firm of (619) DIVORCE. Schedule a consultation today.

(619) DIVORCE
3555 4th Ave
San Diego, CA 92103
Phone: (619) 503-3050

The post Christmas Co-Parenting appeared first on https://619divorce.com/san-diego-divorce-lawyer/.

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