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There are numerous websites that now offer online divorce services. And while it might feel tempting to work with one of these companies, if your divorce is looking as though it might be difficult, you’ll definitely want to work with a divorce attorney.

Working with a Divorce Attorney

While it might seem like like working with a divorce attorney will be overwhelming, it can actually simplify the process for you. Below we outline the following aspects you might encounter during your divorce that will require you to work with a divorce attorney: legal separation, spousal support, and child custody. A divorce attorney is the best way for you to resolve these issues.

Legal Separation

If you and your spouse have decided to try legal separation instead of, or prior to getting a divorce, it’s important that you work with a divorce attorney to create a legal and binding separation agreement. This agreement will offer you legal protection should your spouse violate the agreement you have come to.

Thise are numerous things that should be contained in your separation agreement, including the following (if they apply):

Spousal Support -Who will be paying whom? How does this impact taxes?

Benefits – Legal separation allows you to retain certain benefits gained during a marriage, such as health insurance.

Home –  Outline who will pay for the home mortgage, as well as the maintenance of the home, such as utilities and lawn care. You should clearly define who is able to live in the home.

Joint Accounts – This includes: joint checking, savings, and credit accounts. You might also choose to freeze these accounts or close them and open separate accounts. You should make it clear who pays what account.

Protection from Acquired Debt – A legal separation agreement should also outline any debt in order to shield you from being held responsible for debt acquired during the separation.

Because laws vary by state you’ll want to work with an attorney when drafting this agreement.

Deciding on Divorce

If you do decide to go through with divorce following your legal separation, or if you just want to skip the separation and start the divorce process, a divorce attorney will be able to walk you through the process. This process includes some of the following: spousal support, child custody, and property division. Below we discuss these three aspects, and why working with a divorce attorney can help you arrive at a smoothis outcome.

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 intenced to help the partner obtain financial independence. The rules regarding spousal support differs from one state to anothis.

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 othis 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 othis words, if the marriage lasted six years, the length of spousal supports 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 proved your side for the duration. Your attorney can help you establish your case for the amount of time you’re seeking for spousal support, whethis 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 determinig spousal support, the court usually requires the highis earner, whethis 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.

Child Custody

Family law courts favor awarding joint child custody to both parents, due to the fact that typically, it’s been shown that child’s respond best to both parents being in their lives.

Joint Child Custody

Joint custody is when two parents share decision making responsibilities and / or physical control of the child or children they share. Joint custody is able to be awarded to parents that are divorced, separated, no longer living togethis, or even if they never lived togethis.

Forms of Joint Child Custody

Thise are different forms of joint custody that can be awarded, including:

  • joint legal custody. This means both parents are able to make decisions regarding the child, including religion, education, medical, and any legal matters.
  • joint physical custody. This means a child spends equal time with each parent.
  • joint legal and physical custody.

While it’s a common practice for parents to share physical custody and legal custody, it’s not always the case that parents that share legal custody also share physical custody.

Joint Child Custody – Advantages and Disadvantages

Thise are a number of advantages and disadvantages to joint child custody. Children are able to have contact with both parents. Additionally, parents are able to share some of the hardships that come with co-parenting. But children also often have to be shuttled between parents in joint physical custody situations. This can be difficult on a child, especially if parents are noncooperative.

Because of some of the disadvantages, it’s important that parents work to create a harmonious co-parenting situation. Maintaining detailed agreements surround holidays, expenses for clothing and medical care, as well as creating a child’s own space in each household is crucial to creating a successful joint custody arrangement.

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

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

The post Advice: Work with a Divorce Attorney appeared first on Divorce Attorney San Diego | Family Law.

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For the last 75 years, alimony has been tax deductible for the payer, and the recipient has paid income tax on it. A new tax code that will take place under the Tax Cuts and Jobs Act will change that.

New Tax Law Changes Alimony

Starting Dec. 31, 2018, alimony will no longer be deductible for the payer, and taxes don’t need to be paid on it by the recipient.

Family law attorneys predict the new tax laws might make divorces even messier. Being able to offer tax relief to alimony payers has often helped move negotiations along in the divorce process. This new law changes that.  Additionally, the change is likely to mean less money for the recipient, due to the fact that the payer has less money from which they are able to pay, now that the amount is not tax deductible.

It’s expected that many couples considering divorce might now rush that process so that it can be completed in 2018 before the tax law takes place.

What is Spousal Support?

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.

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

The post New Tax Law Changes Alimony appeared first on Divorce Attorney San Diego | Family Law.

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It was no secret that rapper Jay-Z and singer Beyonce’s marriage was on the rocks when her album “Lemonade,” which speaks openly about her husband’s infidelity, debuted. Recently Jay-Z opened up about why he and his wife decided not to get divorced.

Jay-Z Talks About Infidelity and Not Getting Divorced

During a recent interview, Jay-Z, 47, explained why he and Beyonce, 36, decided to stay together after his infidelity.

“For us, we chose to fight for our love. For our family. To give our kids a different outcome. To break that cycle for black men and women. To see a different outcome,” Jay-Z said. “You know, most people walk away, and the divorce rate is like 50 percent or something ’cause most people can’t see themselves,” he continued. “The hardest thing is seeing pain on someone’s face that you caused, and then have to deal with yourself.”

On the rapper’s recently released album, 4:44, he talks about not only his infidelity but also his reconciliation with Beyonce. Beyonce famously spoke about her husband’s cheating ways on her own album, “Lemonade,” which initially started the speculation around the two’s marriage.

“We were using our art almost like a therapy session,” Jay-Z said. “And, you know, at the end of the day we really have a healthy respect for one another’s craft,” he added. “I think she’s amazing.”

The two were married on April 4, 2008, during a secret wedding in front of friends and family. They have two young daughters and a son.

Signs Your Marriage Is On The Rocks

The following signs could indicate that your marriage needs some help.

You’re not happy.

Sure, every relationship has its ups and downs but constantly feeling unhappy is a clear sign that this isn’t good anymore.

The majority of your interactions are not positive.

According to marriage researcher John Gottman, happy couples have an interaction ratio of 20:1 — that’s 20 positive interactions to 1 negative interaction. Conflicted couples have a ratio of 5:1, and couples nearing divorce are .8:1.

You create reasons to avoid your partner.

If you are avoiding your partner or creating reasons to avoid your partner, you should consider talking with a marital therapist. Examples are sitting in the car to avoid going inside your house or wanting to hang out more with friends and family instead of at home.

Your friends or family are encouraging you to end the relationship.

Friends and family that are closest to you may be able to see things clearly even when you can’t.

Your instincts are telling you it’s over.

Is your stomach always in a knot? That might just be your gut instinct telling you it’s over. Talking with an expert or therapist who can help you weigh the pros and cons.

You and your spouse live like roommates.

Does he sleep in one room and you sleep in another room? Are you leading separate lives? Are you okay with it? If so, you’ve crossed into roommate zone and you need to decide if you want to continue living that way.

Everything feels hard.

If every interaction feels like a chore or is painful, like deciding on breakfast or when to go to the grocery story, you’ll want to consider if it’s worth it.

One or both have changed values or priorities.

In most good relationships, couples value the same ‘big’ things. But that can change over time. Often times what one person used to value doesn’t’ matter much over time. Lifestyle changes or job opportunities or even religions can cause people to change. Unless you are both able to adapt, it can be a tough thing to overcome.

Sudden changes in behavior.

If one partner suddenly drops lots of weight and takes a renewed interest in their appearance or maybe starts spending a lot of time away from home, you might need to take a closer look into what could be an ‘outside reason’ for this.

Are these signs ringing a bell?

If you have more than 2-3 of the signs listed above you might want to spend some time to sit down and have an open conversation with your spouse. If that is not possible, you might want to consider speaking with a marital therapist that can advise you on how to have an open conversation with your spouse.

If after reading these signs, and you decide that you want a divorce and that there is no way you can work things out with your spouse, you should consider calling a family law attorney.

The Divorce Process

Know that every couple’s relationship and marriage is different, and that because of that every divorce will be different. For example, you might need to work out child custody agreements, while your friend’s divorce did not include child custody issues. Working with an attorney is the best way to determine the specific needs of your divorce. Still, there are some basic procedures that might apply. We discuss those steps below.

1. File Petition

The first step in the divorce process is filing a petition. This must be done even if both spouses are okay with divorcing. One spouse must file a petition with the court to ask for a divorce. This petition states the grounds for divorce. In California, this is typically “irreconcilable differences.”

2. Temporary Orders

If a spouse is dependent on the other for financial support or will have custody of the children, that spouse will need to ask the court for temporary orders for support and custody. A temporary order for these things is usually granted within a few days and remains in effect until a full court hearing. If the spouse seeking the temporary order is the same spouse that is filing the petition, they should file the temporary order at the same time. If the spouse seeking the temporary order did not file the petition, they need to file their request for the temporary order as soon as possible.

3. Service of Process

The spouse that files the divorce petition will also need to proof of service of process. This is a document that proves a copy of the divorce petition was given and received by the other spouse. You can either work with a process server, or in most cases when you work with a divorce attorney, they handle this part of the process.

4. Response

The spouse receiving the service of process needs to file a response to the petition. The responding spouse may want to dispute the alleged grounds for divorce. If there is disagreement regarding property division, support, custody, or any other issue, this should be set out in the response.

5. Negotiation

Spouses will need to negotiate their differences if there are any. This is when mediation or collaborative divorce processes work. If spouses still do not agree, they may need to go to trial.

6. Trial

If spouses cannot come to an agreement on any aspect of a divorce, they will need to go to trial where a divorce court judge will rule on the divorce agreement.

7. Creation of the Order of Dissolution

The order of dissolution is a decree that officially ends the marriage and spells out how all aspects of a marriage, including: the property and debts, custody, support and any other issues are to be divided. Two spouses that are able to negotiate on their own are able to draft an order of dissolution and submit it to the court. If this complies with the set legal requirements and both parties entered into it knowingly and willingly, then a judge approves 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, 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 Sevens Legal, APC. Schedule a consultation today.

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

The post Jay-Z Talks About Infidelity and Not Getting Divorced appeared first on Divorce Attorney San Diego | Family Law.

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Actor Ewan McGregor, known for his roles in Trainspotting and Star Wars, will be paying spousal support to ex-wife Eve Mavrakis. The two formally separated May 28, 2017, and the actor filed for divorce on January 19, citing irreconcilable differences.

Ewan McGregor Will Pay Spousal Support

McGregor will be paying spousal support to Mavrakis and has also requested joint legal and physical custody of their minor children Jamyan, 16; Esther, 16; and Anouk, 6. The two also share an adult daughter named Clara.

What is Spousal Support?

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.

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

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A year after announcing their divorce, Anna Faris and Chris Pratt are still committed to putting their son first.  announced their decision to divorce, they also noted that they would continue to put the well-being of their son Jack first.

Faris and Pratt Committed to Co-Parenting

Recently Anna Faris, 41, spoke about her and her ex, Chris Pratt’s commitment to their son, 5-year-old Jack. The two split at the end of 2017.

“He’s surrounded by so much love,” Faris shared during a recent interview. “We constantly reinforce what a great kid he is.”

Faris went on to say they “try to discipline when he’s being a little bit naughty but I think the key is surrounding him with a lot of joy and happiness, which he has a ton of.”

She continued, “I think it’s those small moments in life, when your kid says something funny or like for me, I love what I do so I get a kick out of feeling like I nailed a joke well. And family and friends!”

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

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Gwyneth Paltrow, the celeb that made “conscious coupling” a hot topic, has recently announced that she will be moving forward and getting married for the second time.

Gwyneth Paltrow Moves Forward – Into 2nd Marriage

When Gwyneth Paltrow, 46, announced she would be consciously uncoupling from Coldplay singer Chris Martin, she singlehandedly changed our perception of celebrity divorce. The actress recently opened up to speak about her new relationship and her upcoming nuptials with fiance Brad Falchuk.

“Personally, at midlife, I have tried to accept how complex romantic love can be,” Paltrow said regarding getting married for a second time. “I have decided to give it a go again, not only because I believe I have found the man I was meant to be with, but because I have accepted the soul-stretching, pattern-breaking opportunities that (terrifyingly) are made possible by intimacy.”

She went on to say her past relationships have certainly informed her new ones. “I’m actually the only one in my life who got divorced. This used to feel like a failure; it took me a while to reframe that divorce isn’t a failure,” she admitted.

Paltrow explained that before Falchuk, “I had two typical types of relationships.”

“One where I was constantly chasing and trying to win someone over, and one where I was put off by the person’s capacity for the relationship — and those relationships were very short-lived,” she says.

Now, “For the first time, I feel like I’m in an adult relationship that is sometimes very uncomfortable — because he sort of demands a certain level of intimacy and communication that I haven’t been held to before,” Paltrow says of her fiancé.

Self Care During Divorce: How-To

Divorce is not only a difficult time in a person’s life, but it can also be emotionally traumatic. The relationship with your spouse and the structure of your lives that you helped establish in what you thought would be a happily-ever-after marriage has ended. What are the next steps and the things that will help you get back that feeling you call “normal”? Although you may not realize it, there are some things you can do to get back there.

According to Natalie Greggs, a family law attorney from Allen, Texas, “Self-care is the number one thing that gets you through the day.” Though she is a family law attorney and not a therapist, she advises clients that self-care is the best method to get them through this rough time.

Self-Care is Future Well-Being

Self-care is more than just a way to get through each day while you go through your divorce. Self-care is also crucial for the well-being of your future as well. Numerous studies indicate that stress is a cause of long-term health problems. Research also indicates that individuals going through a divorce have a heightened risk for some long-term chronic health problems. This research is even scarier when faced with the fact that experts mention that 40-50% of all marriages end in divorce.

Keeping Sane During Your Divorce

Here are some self-care tips to practice while you go through a divorce:

Exercise.

Even if you’re not going through a divorce, exercise is good for you. For people going through traumatic times, it is especially helpful. Exercise encourages your body to produce endorphins, a feel-good chemical for the brain. Certified integrative nutrition coach and personal trainer Lindsay Hunt, says exercise also helps increase self-confidence, improves sleep, reduces anxiety symptoms, and reduces stress and depression. Any form involving physical movement is helpful such as walking, dancing, swimming, and yoga.

The trick is to find something you really enjoy doing. That way chances are you’ll want to keep doing it often and on a regular basis.

Another tip is to find a friend or “workout buddy” to help encourage you to get off that couch and get moving. They can also encourage you be holding you accountable for getting up and out.

Change Your Diet Up. When people are faced with emotional issues it can cause you to lose and/or gain weight. Divorce can increase these ups and down, making them go out of control. You can go from one extreme to another, from completely restricting meals to binging on unhealthy foods.

“I had a slender client who, over the course of a year, proceeded to lose probably 50 pounds,” remembers Greggs. “By the end of his case, she was skeletal.” While some may lose weight, others can gain. Mikki Meyer, a licensed marriage and family therapist, said she had a client who ended up gaining almost 100 pounds.

Hunt suggests trying to be proactive and preemptive about both diet as well as divorce. Diet has a big part in affecting your mood, which is important during a divorce. Hunt reveals, “Eating the right foods may ease depression and calm anxiety.” He recommends eating three meals a day consisting of fat, carbohydrates, and protein. Having a variety like this helps keep blood sugar levels stable as well as helping to prevent dips leading to cravings. Studies also show that diets high in antioxidants help with depression. So fill that plate high with fruit and veggies.

When changing your diet it’s best to try avoiding sugar, salty foods, artificial ingredients, excessive caffeine consumption, and especially alcohol. According to studies, dehydration tends to increase stress hormone levels. Because of this, Hunt recommends drinking lots of water.

More Healthy Foods for Your Brain

Omega-3 fatty acids, found in fatty wild fish such as salmon, and nuts, can help brain function and improves your mood. Steel-cut oatmeal also adds serotonin-boosting complex carbohydrates. It is also a comfort food.

If you seem to have trouble eating, you might think about drinking your nutrition. You can make bone broth into a soup that’s filled with minerals like magnesium. Your body can easily absorb and helps promotes healthy digestion for upset stomachs.

Another way to get nutrition if you have trouble eating is protein shakes. Green vegetable juices are also a good source of nutrition. You can also try taking smaller bites of protein and healthy fats such as eggs, nuts, and avocados. This will help you so you don’t lose too much weight.

According to Hunt, “It is important to feed your body even if you are not hungry, as our immune systems become extremely vulnerable and weak during times of sadness and stress. Finding foods that are comforting and easy to get down is important for your health.”

Try to Keep to a Normal Schedule. Even if it’s hard to return to a normal schedule, it’s important to try. Greggs says, “Consistency is important for your emotional health. Show up to work on time. Have your routine. Make [yourself] and your children go to bed when you usually go to bed. Don’t act like the divorce is ending your life.”

Get Sunshine. Sunlight boosts vitamin D which your body needs for natural processes and for increasing serotonin levels. Hunt advises, “Aim for sunlight every day.” Studies indicate at least 15 minutes every day is helpful.

Be Preventative where Your Health is Concerned. Sociology Professor and director of the Population Research Center Mark Hayward, from the University of Texas—Austin, has researched the long-term health effects and discovered stress from divorce accelerates biological processes that can lead to cardiovascular disease. He has found that divorced, middle-aged women tend to be more likely to develop heart disease compared with non-divorced, middle-aged married women.

University of Chicago sociologists did a recent study that indicated divorced or widowed individuals tend to be 20% more likely to develop chronic health conditions such as diabetes, heart disease, or cancer, than married people.

Hayward suggests doing preventative work to ensure your long-term health. This requires getting educated about preventive health education and medical care, and proactively getting involved in habits that are heart-healthy.

Network of Support. Friendships you had when you were married can be can be difficult to keep after your divorce. According to Meyer, “When people split up, they often lose their friendship bases. Their friends usually pick one or the other; it’s too difficult to have [both couple members] in their lives.” This “division of friends” when you have a division caused by divorce can increase depression, anxiety, and can result in social isolation.

If your previous social networks and friends aren’t part of your life anymore, Meyer suggests finding some new ones. There are lots of available options such as support groups, outings by Meetup.com, charity groups you’ve wanted to be involved in, and religious groups. Additional good advice is to avoid social networks and groups your ex-spouse might also be involved with.

As Meyer says, “I don’t care if it’s a knitting class, as long as it’s yours.”

Try to Relax. Stress is never good for anybody. Stress caused by divorce can lead to a number of physical ailments. Gregg says his clients have had hair loss, crashing immune systems, high blood pressure, gastrointestinal issues, and many others.

Some ways to eliminate stress or keep it under control is joining a yoga group or get regular massages. He says, “It helps them get grounded. They can breathe, calm themselves down and feel their body again.”

There are also a number of free and low-cost option if you can’t afford these activities. Joining a community center offers things like low-cost yoga classes and other programs. You can also ask friends and relatives to give you gift certificates to massage therapists or other types of classes for Christmas and birthday presents.

Mindfulness. Mindfulness has positive effects and is currently the number one area of psychological research at the moment. This Eastern philosophy is based on teaching people how to continuously be “in the moment” and to be “aware of the present” instead of worrying about what happened in the past or what might happen in the future. Greggs tries to incorporate mindfulness lessons in the sessions she has with his clients by simple suggestions, such as “Enjoy your children when you’re with them. Or go outside in the morning, and just look at the sun rising. It’s simple things like this that keep you grounded in reality – not catastrophic thinking.”

Consider Getting Help Using a Therapist or Mental Health Professional. If you happen to be predisposed genetically to clinical depression, anxiety, or other mental health conditions, it might be wise to consider seeing a psychologist or psychiatrist. If you don’t want to do that, you should consider seeking the help of a general medical practitioner who can give you an overall wellness checkup which will include a screening for depression.

Hold Off on Having Another Relationship. You’ve done the marriage thing, so think about doing the single life awhile. Meyer says she sees clients getting involved with impulsive behavior while they’re getting a divorce. According to his, “They get involved in bad relationships and repeat old patterns. They’re trying to repair something from their past with this new person. And it’s not something they’re conscious of [at the time].”

Gregg and Meyer both advise that divorcees stay single awhile and concentrate on themselves.

Gregg says, “My clients sometimes start crying, and they say, ‘I’m never going to find anyone again. And sometimes I’ll just say, ‘You don’t need anybody. You just need you to be happy.'”

Divorce is an emotional and difficult process. You should have a divorce attorney to help with various aspects, such as decisions about children, dividing marital property, and determining spousal support. For advice on divorce, you need the expert law firm of (619) DIVORCE. Schedule a consultation today.

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

The post Gwyneth Paltrow Moves Forward – Into 2nd Marriage appeared first on Divorce Attorney San Diego | Family Law.

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Real Housewives of New York and mogul of the Skinny Girl Brand, Bethenny Frankel is suing her ex for full custody of their 7-year-old.

Real Housewives Star Sues for Full Custody

Frankel, 47, has reopened her divorce case against ex-husband Jason Hoppy and is seeking full custody of their 7-year-old daughter, Bryn.

The exes finally finalized their divorce in July 2016 after six years of marriage and after first announcing their divorce in 2013. Last January the legal battle escalated when Hoppy was arrested for allegedly stalking and harassing Frankel. As a result, the Real Housewives of New York City star was granted a restraining order against him.

The settlement of that harassment case included a six-month restraining order that declares Hoppy cannot contact Frankel in any capacity and must stay away from her home and places of employment. Hoppy also cannot go to their daughter’s school when Frankel is present. Should he be found in violation of the order, he will be arrested and could face criminal charges. If he abides by the order the case will be dismissed and sealed.

Despite the restraining order, Frankel is still looking to gain full custody of the two’s daughter. They are due in court in January.

When Child Custody Becomes War

Child custody cases can get combative. Typically, both parents want equal time with their children. But all too often a parent will try to argue that the other parent isn’t fit to raise a child. Here are some things you can do to protect yourself when entering a litigious custody case. It’s important to remember that most courts will want to reward joint custody. If that happens in your case, it will be up to you to create a livable co-parenting relationship.

When resolving custody cases, if a parent is able to demonstrate how the other parent and the child or children interact, it can help prove their side of the case. Because of this, it’s advised to record everything, including:

  • If the other parent does not follow or stick to a pre-arranged visitation schedule
  • Any changes in the children’s behavior following the time they spend with the other parent
  • If the other parent threatens legal action against you
  • Any concern you have regarding the child or children’s physical well-being during the time they spend with the other parent

Documenting all these things is very important to building your case. But it should also be fairly documented, including any positive interactions. Being able to remove any emotions you have about the other parent will help you stay focused on creating an unbiased record. State the facts and try to keep the emotions out of it.

What to Record and How-to

Using a spiral notebook, Excel document, or any other form that will help you keep track of every interaction, note the following:

  • Dates
  • Times of calls or visits
  • Topics discussed (either between you or the other spouse or between the other spouse and your child or children). This does not have to mean an invasion of privacy, but if you’re able to get a gauge of what was discussed between your child or children and the other parent it only builds a stronger case
  • Duration of phone call or visit
  • Was the interaction spontaneous or part of a pre-arranged visitation schedule?
  • How the child or children felt prior to the visit or call, as well as after
 Additional Tips
  • Be consistent in your record keeping. If that means setting a daily time to record anything that has happened, then do so. Waiting days or weeks to record an interaction will make it difficult for you to remember specifics.
  • Be neutral! Try to not let emotion get ahold of you.
  • Research your state laws regarding auto recordings and telephone calls. In some jurisdictions, recording conversations is illegal.
  • Work with a lawyer.
Should Your Child Testify?

When custody battles get litigious you want to pull out all the stops to make your case. You might be tempted to have your child testify. This can be especially tempting if your child has expressed that they would want to be with you full time. But before you move forward with allowing your child to testify, there are some things you should consider.

Considerations Before Hearing

Here are some things you’ll want to consider:

Is it necessary for your child to testify? And what are your reasons behind why you want your child to provide testimony? Will your child be able to provide the judge with information regarding his or his home life and how the current custody arrangement is impacting them? Is your child mature enough to express his or his desires? If your reasoning behind having your child provide testimony is field by revenge or wanting to embarrass your spouse, then you should refrain. But if your reasoning is fueled by fear of the child’s life being endangered by living with the othis parent, then you should let them testify.

What are the effects this will have? Divorce and being shuffled between two homes is already a tough experience for a child to go through. Will testifying make your child feel as if they have to choose sides? How will this make them feel? How will this impact your relationship with them? How would you feel if they were testifying against you? Co-parenting is a large part of this “new world” your child is in, and you should encourage a healthy co-parenting environment. If your child has expressed in interest in testifying, try to get behind the real reasons. Are they just afraid they will lose time with you? Do they just need some reassurance?

What are the testimony laws in your state? A divorce and family law attorney will be able to help you understand the child testimony laws in your state. In California, a child 14 years or older is allowed to testify during divorce proceedings, unless the testimony is not in the “best interest” of that child. A court will also consider the testimony of a child under the age of 14 if that child is deemed mature enough to be able to provide a competent testimony.

Final Advice

The decision of allowing your son or daughter to provide testimony should not be taken lightly. You should with the pros and cons of the situation, and really listen to your child’s thoughts on the matter. Don’t be afraid to ask the tough questions of yourself and of your child to get to the bottom of what they impact this testimony will have. Keeping your child’s best interest in mind will help steer your decision to the one that is correct for you and your child.

Joint Custody

Family law courts favor awarding joint child custody to both parents, due to the fact that typically, it’s been shown that kids respond best to both parents being in their lives. Joint custody is when two parents share decision-making responsibilities and/or physical control of the child or children they share. Joint custody is able to be awarded to parents that are divorced, separated, no longer living together, or even if they never lived together.

Forms of Joint Custody

There are different forms of joint custody that can be awarded, including:

  • joint legal custody. This means both parents are able to make decisions, including religion, education, medical, and any legal matters.
  • joint physical custody. This means a child spends equal time with each parent.
  • joint legal and physical custody.

While it’s a common practice for parents to share physical custody and legal custody, it’s not always the case that parents that share legal custody also share physical custody.

Joint Custody – Advantages and Disadvantages

There are a number of advantages and disadvantages to joint custody. Children are able to have contact with both parents. Additionally, parents are able to share some of the hardships that come with co-parenting. But children also often have to be shuttled between parents in joint physical custody situations. This can be difficult, especially if parents are noncooperative.

Because of some of the disadvantages, it’s important that parents work to create a harmonious co-parenting situation. Maintaining detailed agreements surround holidays, expenses for clothing and medical care, as well as creating a child’s own space in each household is crucial to creating a successful joint custody arrangement.

Creating a Co-Parenting Relationship

If you have gone to court for custody, and the court decided to award joint custody, chances are there will be a number of issues you and your ex-spouse will need to work through.

If you share children with your ex-spouse, then you’ll have to learn how to be a co-parent. And this isn’t something you’re going to have to learn how to do by yourself. You’re going to have to learn how to do it with your ex! This means you’ll have to learn how to put the best interests of your children above your own, as well as learning how to form an amicable relationship, perhaps for the first time, with your ex. While you don’t necessarily have to become best friends, you’ll have to forge a happy medium and find how you can make the co-parenting relationship work.

If you’re newly divorced, right now this may seem impossible, especially after what you just went through with your relationship, but you have to remember that the fault in your marriage wasn’t the fault of the child or children. They also must not be placed in the middle of your emotional crossfire left over from your marriage. The key is to learn to take the high road, which means you may have to make true sacrifices for the well-being of your children.

Step One is to Realize 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.

What Your Child Needs the Most

There are certain things that any child will 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.

Working with a Divorce Attorney

A divorce attorney will work with you to help you decide how you want to tackle all 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 Sevens Legal, APC. Schedule a consultation today.

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

The post Real Housewives Star Sues for Full Custody appeared first on Divorce Attorney San Diego | Family Law.

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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 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 Sevens Legal, APC. Schedule a consultation today.

Sevens Legal – (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 Divorce Attorney San Diego | Family Law.

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(619) Divorce by 619 Divorce - 2M 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 – (619) DIVORCE
3555 4th Ave
San Diego, CA 92103
Phone: (619) 503-3050

The post Christmas Co-Parenting appeared first on Divorce Attorney San Diego | Family Law.

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Co-parenting, or rather sharing equal parenting responsibilities after divorce, has become a big trend over the past few years. And now it seems it might become law. Legislatures in more than 20 states are considering bills that would make shared parenting a legal presumption — even when parents disagree.

Could it be a State Law to Co-Parent?

This year Kentucky passed a law that made joint physical custody and equal parenting time standard for temporary orders while a divorce is being finalized. Florida approved a bill last year to presume equal time for child custody plans. That bill was later vetoed by the governor. And in Michigan, lawmakers are currently deciding on a bill that would make equal parenting time the starting point in custody decisions.

The legal push seems to stem from years of lobbying by fathers’ rights advocates who argue that men often feel alienated from their children as a result of standard custody decisions in addition to feeling overburdened by child-support obligations.

Critics of the bills, including some women’s rights groups, feel these new laws might roll back important protections that exist to keep children and wives safe from abusive or controlling former spouses. Additionally, if this agreement is signed into law, critics of it feel it might take away discretion from judges who currently make their decisions based on the best interest of the children.

Laws that require joint physical custody could also lead to the elimination of child support in some states, according to these critics.

“The way the system is set up now, two parents enter the courtroom. When they leave, one is a parent, and the other is a visitor,” said Christian Paasch, chair of the National Parents Organization of Virginia.

A presumption of shared parenting would replace the “winner takes all” approach currently embedded in the law, he said, and replace it with a new message: “You will both still be parents, and you both matter to your children.”

Co-Parenting

When it comes to learning to be a co-parent, all other aspects of divorce, such as division of assets and alimony, seem insignificant. Co-parenting is a totally new and different lifestyle, so you might have to do some research and maybe some soul-searching to figure out the best approach to this new phase in your life. This goes for newly divorced parents, as well as parents that have been divorced and co-parenting for years.

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 when 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 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.

Additional Tips on How to Co-Parent

While setting ground rules are important, there are additional tips you may be interested in considering.

When all of you are together, try to be friendly. You and your co-parent share a child or multiple children, and they will each grow differently and have different experiences. During sporting events, birthdays, parent-teacher conferences, graduations, etc., you’ll all be sharing the experience and the same location. Being friendly will make it easier for you, your co-parent, and especially your child. Say “hi” to each other and chat a little about what’s going on instead of waiting to send it in a text or email. Fake being friendly if you have to. The bottom line is to act like an adult, leave tantrums and acting like a brat to your children. This includes friends stepparents and other family members. Kids are observant and can easily pick up on things if you’re being rude or feeling awkward, so act like the adult you’re supposed to be.

Say “please” and “thank you” when you ask your co-parent for a favor and they follow through. This might be for schedule changes of requests for event dates. If you’re stuck in traffic or something comes up you’re not expecting and you need your co-parent to pick a child up because you can’t, a thank you can go a long way. If you can’t say it in person, send it in an email or text.

Return phone calls, emails, and texts, even if it’s just to send an “ok.” It’s important and helpful for your co-parent to know you received their message. It’s also respectful and a great way to keep you and your co-parent informed of any changes or other important information.

It is you and your co-parent’s business to know who is watching your child besides you. Your co-parent has a right to know what person their child is with if they’re not with you. If a neighbor is watching them for awhile if you have to go to the store, it’s not as important to let your co-parent know, but if it’s for a longer period of time you need to tell them and give them all that person’s information. Just telling them it’s “none of their business” is completely ridiculous and irresponsible. As a co-parent they have a right to know what’s happening with their child, the same as you do.

Ask for your co-parent’s input to help develop a positive relationship as time goes forward. Even if you don’t take their opinion into consideration, since you’re not planning on following it, their opinion may surprise you and change your mind!

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.

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

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

The post Could it be a State Law to Co-Parent? appeared first on Divorce Attorney San Diego | Family Law.

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