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Tax changes are coming to divorce in 2019. Are you prepared for them?

Tax Changes Coming to Divorce in 2019

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

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

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

Finances After Divorce

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

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

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

Tips From the Experts

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

Budget

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

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

Who Are Your Benefactors?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Freedom

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

Working with a Divorce Attorney

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

For advice on divorce, you need the expert law firm of Sevens Legal, APC. Schedule a consultation today.

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

 

The post Tax Changes Coming to Divorce in 2019 appeared first on Divorce Attorney San Diego | Family Law.

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(619) Divorce by 619 Divorce - 1w ago

Either parent is able to dispute paternity. Generally, if paternity has not yet been established, a parent is able to ask for a paternity test in order to establish if the father is actually the child’s biological father.

Paternity

Under California law, the word “paternity” is used interchangeably with “parentage” and “parental relationship.” Laws regarding paternity are complicated. For example, if a court order has already determined someone is the father of the child, and he or the mother of the child wants genetic (DNA) testing, it might be too late to do so, due to the court order. A court order might also determine someone to be the legal father despite the genetic test proving he is not the biological father.

Paternity Assumption

Establishing paternity means either the courts or parents of the child have determined who the father is. The law assumes paternity under these instances:

  • the husband of the mother is presumed to be the child’s father when the child is born during a marriage.
  • if a man has been living with the child and the mother in a “family-like” manner, the man has demonstrated he is committed to the child, and even if he is not the biological father, he is still presumed to be the child’s father.

If these two things are not the case, then paternity needs to be established.

Paternity Testing

Establishing paternity is helpful when it comes to providing financial support and health insurance for the child. it’s also important to establish paternity if there are ever legal issues surrounding child support and child visitation. If you need to establish paternity, you should work with a family law attorney to see if you legally can, and how to go about getting the genetic (DNA) test done.

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

Child Support

Child support is a fundamental legal right of every child. And if you have a child, the court considers it your legal right and moral obligation to take care of that child emotionally and financially. It’s for this reason that if you are required to pay child support, and you receive a petition for child support, you respond appropriately.

Receiving a Child Support Petition

Once you receive a child support petition, you must follow the instructions on that petition. This often means you will need to appear in court on a specific date. During the court hearing, a judge will examine your income, the other parent’s income, how much time the child spends with each parent, as well as any special circumstances regarding daycare or medical expenses, and then determine how much you will pay in child support.

Child Support Hearing

To prepare for the child support hearing, you need to put together and bring the following to court: evidence of your income and any other court requested documents. If you do not believe you are the father of the child, and you have not been legally stated as the father, you are able to request a paternity test. If this request is accepted, the child will need to submit to the test before you are required to make child support payments.

Failure to Appear or Pay

If you do not appear at the child support hearing or do not make child support payments as ordered by the court, then the court can take measures to collect the unpaid payments. This might mean garnishing your wages, suspension of your driver’s license, or over legal actions, such as jail time and fines.

Co-Parenting

Co-parenting can be very difficult – especially if you are not fond of the person you are expected to co-parent with. 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. Here are some steps you can follow:

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.

Step Two is to Set Boundaries

The next step you must learn in order to create a successful co-parenting relationship is how to set boundaries. Here 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 the 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 of 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.

Co-Parent Schedule Arrangements

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. 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. Thise 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-parenting 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 thise may be easier moments, thise 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 patter 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 Paternity Issues appeared first on Divorce Attorney San Diego | Family Law.

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(619) Divorce by 619 Divorce - 2w ago

Divorce can turn friends into enemies. A better and less stressful solution might be a collaborative divorce. It can also save couples time and money. If you’re considering divorce, you should consider collaboration.

What is a Collaborative Divorce?

A collaborative divorce includes a team of four people: a lawyer for each spouse, a mental health coach, and a financial professional. They all work together to create a divorce agreement which includes alimony, the division of marital property, and child visitation and support.

A collaborative divorce is a face-to-face litigation process where each spouse gives their opinion in order to reach emotional as well as financial and legal solutions.

“The rewards of collaborative divorce are huge,” according to attorney Joryn Jenkins. “You learn to work out issues and say things in a better way.”

A Collaborative Divorce is Shorter and Costs Less

A collaborative divorce may save you both time and money. While a regular divorce that goes to a trial may cost $100,000, the average collaborative divorce is about $32,000.

In addition to less money, the average collaborative divorce lasts three to four months to settle compared to a divorce trial that can drag on for years. Because a judge makes the final decision in a trial dtheree, thise isn’t much control when it comes to the process, timing, or outcome of the case.

“People are raiding their retirement accounts just to pay for divorces,” said collaborative attorney Rackham Karlsson. “Going to court can be more expensive, more time intensive and corrosive for children.”

Collaborative Divorce a Good Alternative

If a couple can work through their divorce by doing a collaborative divorce compared to a standard one, they save time and money, as well as lots of headaches.

Moving Forward After Divorce

Divorce can be a painful process, and a painful one to heal from. After your divorce is finalized, it’s time to move forward. Here are some tips for self-care after divorce:

  • Exercise
  • Change Your Diet Up
  • Eat Healthy Foods
  • Try to Keep to a Normal Schedule
  • Get Sunshine
  • Network of Support
  • Try to Relax
  • Practice Mindfulness
  • Consider Getting Help Using a Therapist or Mental Health Professional
  • Hold Off on Having Another Relationship
Options Instead of Divorce

When you’re debating if you should get divorced or not, there are additional options for you to consider.

Legal Separation and Annulment

You might not need to file for divorce. There are two other options: legal separation or annulment (also called a nullity).

  • Legal separation. This is a a legal process, granted in the form of a court order, by which a married couple can remain legally married while not living togethis. Some couples use this as a formal break, during which they have some time to decide if they would like to continue the marriage. Thise are often religious, insurance, tax, or othis reasons for wanting a legal separation instead of a formal dissolution. With a legal separation you and your spouse will remain married, but the court (or you) can divide your property and issue orders relating to child custody, visitation, child support and spousal support, and, if necessary, a restraining order.
  • Annulment. Being granted an annulment makes it as if your marriage never existed. Thise are specific requirements you will need to meet to have your marriage annulled. These include being a minor without the consent of your parents or guardian during the time of the marriage, or if certain types of fraud or deceit were involved. An annulment requires you appear in court.

The residency requirements for these are less harsh than standard divorces. Eithis of these can be obtained without having lived in California for six months or the county you are filing in for three months prior to filing, as is required for a standard divorce.

Summary Dissolution

In California you are able to receive a simplified dissolution of marriage if you meet certain requirements. This is called a summary dissolution. This process requires less paperwork and you will not have to appear in court. You are eligible for a summary dissolution if you and your spouse have agreed in writing to a division of your assets and debts and if the following conditions are true:

  • You have been married for five years or less.
  • You have no children from the relationship.
  • Neithis of you own a home or othis real estate.
  • The value of all community property amounts to less than $25,000, excluding automobiles.
  • The value of eithis party’s separate property amounts to less than $25,000, excluding automobiles.
  • Your combined debt does not exceed $4,000, except for auto loans.
  • Both of you waive spousal support.

If both spouses agree to these terms, you can be granted a summary dissolution. This process can be as easy as filling out a form and turning it in to your local clerk’s office. Still, you might want to have a family law attorney review the forms before you file them.

Amount of Time

In California, the mandatory waiting period required is 6 months. No couple, regardless of how “easy” their divorce is can be divorced faster than 6 months. This is the time it takes for the state to change your status from “married” to single”.  You will be able to get all your paperwork turned in to the court and your divorce judgment approved, but the divorce itself will not be final until at least 6 months after the initial petition. In some cases, those that require a lot of things to be required, a divorce can take years. This is based on how much you decided to disagree and agree on. 

Filing for Divorce

It’s always advised that you work with a lawyer to obtain your divorce. Because the process can have many steps, you will want to work with someone that is knowledgeable about the process and can provide guidance. Even if you choose not to work with a lawyer, you should have all forms reviewed by someone that has legal experience with the dissolution of marriage.

If you choose to work without a lawyer you will need to obtain the proper forms eithis online through the California Courts website or from the clerk of your county’s superior court. You or your lawyer or mediator will need to prepare a Petition and a Summons that will then be filed with the clerk of the superior court in the county whise you or your spouse live. You will be required to pay a fee to file these papers unless you qualify for low-income support or a fee waiver.

Copies of the Petition and the Summons, as well as a blank Response, must be officially served to your spouse by someone othis than yourself who is over the age of 18. This can be done by a process server. Your lawyer will be able to advise you on othis means of serving your spouse. Chances are, if you are working with an attorney, they have specific ways in which they handle this part of the process. This Summons notifies your spouse that you are filing for a divorce. He or she has 30 days to file the Response.

In the Response, your spouse will need to indicate what needs to be resolved by the court in terms of spousal support or child custody and visitation.

Working with a Divorce Attorney

If you are facing a divorce, you need to work with a divorce attorney that can take a look at your specific situation and advise you on all the aspects of divorce you will be facing. This might mean 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.

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 Consider Collaboration appeared first on Divorce Attorney San Diego | Family Law.

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While the idea of signing a prenuptial agreement feels unromantic to most couples, the feelings associated with not signing a prenup, and then facing divorce, might be worse. Below we discuss why you really should consider signing a prenup.

Do You Really Need a Prenup?

Not signing a prenuptial divorce can be a costly mistake – and one that could cost you half of what you own.

Typically prenups are an important consideration for the following:

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

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

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

Small Percentage of the Population

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

Prenuptial Agreements for Everyone

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

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

Avoid Mistakes in a Prenuptial Agreement

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

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

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

Dividing Marital Property

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

Separate and Community Property

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

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

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

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

Protecting Yourself

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

Working with a Divorce Attorney

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

For advice on divorce, you need the expert law firm of Sevens Legal, APC. Schedule a consultation today.

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

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A wedding ring is a symbol of marriage, not divorce. So what happens to those rings when a couple decides to end their marriage?

What Happens to the Wedding Ring?

A wedding ring, specifically if it was purchased by both spouse’s, can become a bit of a sticking point when it comes to a divorce. There are a few options that people consider – leaving it for a child, having it appraised and sold, or just keeping them. Either way, you will want to work with a family law attorney to decide what the best and most beneficial option may be. A family law attorney might consider having it appraised so that both spouses are aware of how much of an asset the rings are. In addition to figuring out what will be done with the rings, there are other aspects of a marriage that will need to be determined.

Divorce Preparation Consult an Family Law Attorney

It’s important that you are completely aware of your legal rights and responsibilities when you start the divorce process. A family law attorney can help advise you on everything related to divorce: the paperwork, child custody arrangements, spousal support, and how marital property will be divided. You’ll want to consult an attorney at every step of the process to make sure that you are protected.

Copy Legal Documents

One of the hardest parts of divorce is the paperwork. You’ll want to make sure you have everything, including the following:

  •  tax returns,
  • bank statements,
  • investment statements,
  • retirement account statements,
  • employee benefits handbooks,
  • life insurance policies,
  • mortgage documents,
  • financial statements,
  • credit card statements,
  • wills,
  • Social Security statements,
  • automobile titles,
  • joint accounts like phones and utilities,
  • any joint business venture information

You’ll want to ensure that you have copies of any financial data, whether it be electronic or physical copies. Making sure you have all this information will make the process much quicker.

Inventory Household and Possessions

Property division is a big aspect of the agreement process of divorce. Major assets include homes, furniture, artwork, jewelry, and appliances.

Property is decided according to your state’s specific laws. This has the potential to be very litigious during a divorce.

Separate and Community Property

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

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

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

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

Know Your Current Household Budget and Expenses

Preparing for divorce is knowing how your household money is currently being handled. Often times this means that only one spouse is fully aware of the couple’s financial picture.

If you are planning for a divorce, it is pertinent that you understand your household’s financial picture, including the amount that goes towards utilities, mortgages, and typical household expenses.

Getting a better idea of how much is spent every month currently will also help you prepare for when you are budgeting and managing your household after the divorce.

Determine Debts

If you and your spouse have racked up a considerable amount of debt during your marriage, you will have to determine what happens to that debt during divorce.

If you are able to, it’s advised that you pay down as much debt as possible prior to divorcing. Allocation of marital debt among divorcing spouses can be one of the most difficult items to negotiate. You’ll also want to have an idea of what your debts were like prior to the marriage – so any debt that would be considered “non-marital debt.” This can include student loans and any other lines of credit that were not transferred over during the marriage. This debt belongs to the spouse who incurred it.

Know What Your Spouse Earns

For most couples, this information is available simply by looking at a pay-stub. For couples where one spouse is self-employed or owns a business, or receives any portion of income in cash, it can be hard to determine. If this information is not available to you, try to keep track of money that is flowing in. If you are suspicious of your spouse’s spending habits, you’ll want to try to get as much information as possible. You can also work with a family law attorney to figure out how to obtain this information in a legal way.

Get a Job

There is a chance that you or your spouse are not employed. Sometimes one spouse will remain at home to take care of the family, while the other spouse supports the family. If you have been out of the workforce for a while, you will need to assess your employability. Will you be able to obtain a job easily or will you need further education or training?

Know Your Credit History

Do you know what your current credit score is? If not, then you need to find out. Divorce can impact this, and you’ll want to know what your score is so you can plan accordingly.

Start Saving

Once your divorce is finalized, your financial picture will be completely up to you. That means it will all be on your shoulders. It’s important that you be able to support your family. This might mean saving some money now.

Put your Kids First

Divorce can be very hard on children. If you and your spouse cannot agree to child custody arrangements, you will need to find a way to make it work. A family law attorney can help with this.

Steps for 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 What Happens to the Wedding Ring? appeared first on Divorce Attorney San Diego | Family Law.

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Gwyneth Paltrow, who famously “uncoupled” from ex Chris Martin in 2014, has now officially “coupled” with television producer Brad Falchuk. The couple was married in late September.

Gwyneth Paltrow “Re-Couples”

Paltrow, 46, and Falchuk first met in 2010 on the set of “Glee,” which Falchuk co-created and on which Paltrow guest starred. The couple just wed in a secret, yet star-studded wedding, at the end of September.

Paltrow announced her engagement to Falchuk in an interview in her magazine Goop in the January issue. During that interview, Paltrow described Falchuk as the “man I was meant to be with.”
“Personally, at midlife, I have tried to accept how complex romantic love can be,” she said of their relationship. “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.”
This is Paltrow’s second marriage.
She and Coldplay frontman Chris Martin were married for 11 years and have two children together, Apple and Moses.
Falchuk, 47, also has two children from a previous marriage.
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 “Re-Couples” appeared first on Divorce Attorney San Diego | Family Law.

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Millennials have oft been blamed for ruining things – but now it appears they’re going after the divorce rate.

Are Millennials Saving the Divorce Rate?

According to a new study, it appears millennials may be the reason why the divorce rate is dropping.

Philip Cohen of the University of Maryland has found that from 2008 to 2016, the U.S. divorce rate dropped by 18 percent and that “The overall drop has been driven entirely by younger women.”

The study notes newly married women are now “more likely to be in their first marriages, more likely to have BA degrees or higher education, less likely to be under age 25, and less likely to have own children in the household,” which Cohen writes can all impact how likely a couple is to stay together.

“The trends described here represent progress toward a system in which marriage is rarer, and more stable, than it was in the past, representing an increasingly central component of the structure of social inequality,” Cohen writes.

Options Other Than Divorce

There are three legal options for couples looking to end their marriage or domestic partnership: divorce, legal separation, and annulment.

Annulment

With an annulment, the court rules that the marriage or domestic partnership is not legally valid due to reasons such as the following:

Incest, fraud, or physical or mental incapacity,

Marriage or domestic partnership was entered into by force,

One of the spouses was already married or in a domestic partnership,

One of the spouses was not of legal age to enter into marriage or domestic partnership

Annulments are rare, and require an appearance before a judge.

Legal Separation

Legal separation does not end a marriage or domestic partnership and parties are not allowed to remarry or enter a new domestic partnership. This is a good option for couples looking to separate their finances and property without divorcing. This is also a great step for couples that are still deciding if they want to formally end their marriage or see if they are able to reconcile.

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.

There 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.

Once you have filed a legal separation, there are some next steps to take – and these might be more emotional than procedural.

Legal Separation Behaviors “To-Do”
  • Use this time to reflect on your marriage and how you are feeling regarding the process.
  • Consider the emotional needs of any children that are involved.
  • Remember legal separation is not the time to jump into a new relationship.
  • Keep all communication open with your spouse. Try to be respectful in all forms of communication. This will mean less stress for you and any children involved.
  • Set up a parenting plan that outlines regular visitation schedules. This should follow along with your child’s daily activities, such as school and any extra-curriculars.
  • Follow every responsibility outlined in the legal separation agreement. This includes any child support payments or spousal support payments. Not doing so might mean court time or fines.
Divorce

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

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

The Steps of the Divorce Process

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

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

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

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

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

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

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

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

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

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

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

Working with a Divorce Attorney

If you are facing a divorce, you should work with a divorce attorney that can take a look at your specific situation and give you advice based on it, 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 Are Millennials Saving the Divorce Rate? appeared first on Divorce Attorney San Diego | Family Law.

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Is your spouse’s video game obsession causing a rift in your marriage? For 200 UK couples, the video game Fortnite is the reason for their divorces.

Video Game Fortnite is Ruining UK Marriages

According to Divorce Online, a UK site that offers information and services to people who are divorcing, in 2018 200 people have cited Fortnite as the reason they are getting divorced. Considering the fact that  40 million people log in to play the game every month it goes without saying the game is addictive. It goes without saying that more time online means less time spent with your significant other.

Is your marriage on the rocks? Here are a couple of warning signs you’ll want to look for. As is always advised, if you are considering divorce, you’ll want to work with a family law attorney that can guide you through the divorce process.

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 store, 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 Video Game Fortnite is Ruining UK Marriages appeared first on Divorce Attorney San Diego | Family Law.

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