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“Awareness isn’t just October, it’s every month,” said SAVE Housing First Manager Annie, a domestic violence survivor who preferred not to give her last name.

October was first declared as National Domestic Violence Awareness Month in 1989. Since then, October has been a time to acknowledge domestic violence survivors and be a voice for its victims. Domestic violence is prevalent in every community, and affects all people regardless of age, socio-economic status, sexual orientation, gender, race, religion, or nationality. Physical violence is often accompanied by emotionally abusive and controlling behavior as part of a much larger, systematic pattern of dominance and control. Domestic violence can result in physical injury, psychological trauma, and even death. The devastating consequences of domestic violence can cross generations and last a lifetime.

Although there has been substantial progress in reducing domestic violence, an average of 20 people are physically abused by intimate partners every minute. This equates to more than 10 million abuse victims annually. 1 in 3 women and 1 in 4 men have been physically abused by an intimate partner, and 1 in 5 women and 1 in 7 men have been severely physically abused by an intimate partner. Millions of Americans live in daily, silent fear within their own homes. In addition, every year millions of children are exposed to domestic violence. Domestic violence incidents affect every person within a home and can have long-lasting negative effects on children’s emotional well-being, and social and academic functioning.

The National Child Traumatic Stress Network (NCTSN) that has compiled a list of helpful resources for parents and caregivers, children and teens, mental health providers, child welfare workers, law enforcement professionals, educators and school staff, and policy makers. There are also other organizations helping in creating policies in order to fight domestic violence, such as The California Partnership to End Domestic Violence (the Partnership) is California’s recognized domestic violence coalition, representing over 1,000 advocates, organizations and allied groups throughout the state. Through their public policy, communications and capacity-building efforts, they align prevention and intervention strategies to advance social change. They believe that by sharing expertise, advocates and policy-makers can end domestic violence. For nearly 40 years, they have inspired, informed and connected all those concerned with this issue.

The numbers are outracing the capacity of the resources, officials say on a typical day in California local domestic violence hotlines receive nearly 20,000 calls. That’s nearly 15 calls every minute.

No one should be harassed or troubled by any of this violent situations, but if you are involved in, make sure you have the right legal assistance to solve your problem.

WE WILL BE THERE WHEN YOU CALL 

Learn about the steps you will take during separation and avoid mistakes along the way. Be better prepared to start (or finish) your divorce with tailored info from attorney.

Divorce cases are very difficult and complex. You need an experienced Los Angeles Family Attorney to guide you through the legal process.  Contact our law firm today at 562-439-9001 if you or someone you know needs the help of an experienced family law attorney. We will be here for you when you call. Schedule a free consultation!

We are very central to all of Long Beach, Seal Beach, Lakewood, Palos Verdes, San Pedro, Newport Beach; and regularly serve all of Los Angeles.

This is intended as general advice and should not be interpreted as legal advice. Each situation is unique and requires specific analysis of relevant contracts, facts and legal obligations.

Just like every marriage is different, couples seeking a divorce in California will encounter a unique set of circumstances to formally end their relationship. Divorce is not easy, and you will encounter financial, social and emotional challenges along the way, even if you are ready and motivated to go through the process.

To help ease your stress and concerns, you need to arm yourself with good information to help you better understand what you are about to go through. That’s the purpose of this article that will help you understand many of the common issues that come up about getting a divorce in California.

Because every divorce is unique, it’s impossible to answer every question you might have. You should seek additional information from a variety of places, including attorneys, online resources, from friends and relatives who have gone through a divorce, and others who will be able to help get you through this difficult time.

But to start, here are many of the things that are common in a majority of divorce situations in California.

1. Protect Yourself, Your Children, and Your Property

If you think your spouse might become violent, or kidnap the children, or take money from bank accounts or conceal other property, there are ways to protect yourself. This might involve a court order to prevent domestic violence, notifying childcare providers or schools that a child should only be released to you, or securing a passport for your child to prevent removal from the country.

You can get a court order preventing the disposal of assets, or secure them yourself (just be sure to account for them, since you don’t want your spouse to claim that you illegally took them).

2. Make Sure You Meet Residency Requirements

To file for divorce in California, you must have been a resident of California for at least six months, and of the county where you will file for at least three months.

3. Gather Information

For the California divorce process, you will need to show —for both you and your spouse— how much you earn, what you own, and what you owe to creditors. Make copies of important documents, such as bank and investment statements, mortgage and loan documents, credit card statements, pay stubs, W-2 forms and tax returns, deeds, vehicle titles, life and health insurance documents, and utility bills, and make sure you have your spouse’s Social Security and driver’s license numbers. You will also need to estimate your monthly living expenses.

4. Decide if You Need Temporary Alimony or Child Support

You will need to support yourself, and possibly your children, during the divorce process. This can be done with temporary spousal support and child support orders, which will require completing and filing additional forms.

5. Determine Which Procedure to Use

California has a traditional dissolution of marriage procedure and a summary dissolution of marriage procedure. To qualify for the summary procedure, you must meet the following requirements:

• You and your spouse agree to the divorce.
• You do not have children.

• You were not married for more than five years before separating.
• You don’t have real estate, and only have a residential lease that expires within one year of filing and does not include a purchase option.
• There are no debts over $6,000, other than auto loans.
• Community property has a value of less than $41,000, and each party has no more than $41,000 in separate property, not including autos and encumbrances.
• You and your spouse have a written agreement dividing the property and debts, and have executed required title transfers.
• You and your spouse waive your right to spousal support, and rights to appeal and to ask for a new trial.
• You and your spouse have read a brochure about the summary procedure.

If any of these requirements are not met, you will need to use the regular procedure.

6. Prepare the Necessary Forms

The official California divorce forms may be obtained from the court clerk, various online sources, or from publications at your local library. You will need to file a Petition for Dissolution of Marriage, as well as financial disclosure forms. If you are using the summary procedure, there will be a separate set of forms. If you have minor or dependent children, there also will be forms relating to child custody and child support.

7. File Your Forms

Take your completed forms to the clerk’s office of the Superior Court. You will need to pay a filing fee.

8. Notify Your Spouse

Your spouse must receive proper notice of the divorce having been filed. This is done in one of three ways:

1. Your spouse signs forms that show he or she is aware of the proceedings (in the summary proceeding your spouse will also sign the Petition)
2. Your spouse is legally served with copies of certain court papers
3. A proper legal notice has been published (if you are unable to locate your spouse)

9. Attend Court Hearings and Provide Additional Documents

Unless you use the summary procedure, there will be at least one court hearing. You might need to provide other documents that the judge requests. One form to be prepared is a Judgment of Dissolution of Marriage for the judge to sign, thereby making the divorce final.

Many people falsely believe that, under a California divorce 10 years rule, permanent spousal support will be ordered if the couple has been married at least 10 years. A marriage of at least 10 years only creates a presumption that it is a “marriage of long duration,” which allows for an extended period of time for the payment of spousal support. But it is only one of several factors a judge will consider.

For marriages of less than 10 years’ duration, spousal support is typically limited to one-half of the length of the marriage, but this is only a guideline. The judge can order support for more or less time. Details of the California divorce alimony (spousal support) laws are provided in other articles.

10. Wait for the Judgment

There is a California divorce waiting period of six months between the time the Petition is filed and the time the Judgment of Dissolution of Marriage is final. Both you and your spouse will be sent a certified copy of the judgment.

No matter what happens or what has happened in the past, know that you are a good person. Do your best to stay positive and try to keep the lines of communication open. Lean on your friends and family and be sure to open yourself up to new things. And remember that it’s okay to ease into your new life. Take as much time as you need.

WE WILL BE THERE WHEN YOU CALL 

Learn about the steps you will take during separation and avoid mistakes along the way. Be better prepared to start (or finish) your divorce with tailored info from attorney.

Divorce cases are very difficult and complex. You need an experienced Los Angeles Family Attorney to guide you through the legal process.  Contact our law firm today at 562-439-9001 if you or someone you know needs the help of an experienced family law attorney. We will be here for you when you call. Schedule a free consultation!

We are very central to all of Long Beach, Seal Beach, Lakewood, Palos Verdes, San Pedro, Newport Beach; and regularly serve all of Los Angeles.

This is intended as general advice and should not be interpreted as legal advice. Each situation is unique and requires specific analysis of relevant contracts, facts and legal obligations.

What are executive divorces? They are divorces where one or both spouses are professionals, whether that is a CEO, CFO or other significant position with a company.

Executive divorces can range from self-employed presidents of companies that have significant gross receivables (corporate or partnership income) to executive employees, officers, directors or shareholders of large companies such as financial institutions, public traded companies or larger private ones.

We write this article from the perspective of representing the executive in the divorce. In a future article, we will write from the perspective of the non-executive (and supported) spouse.

Divorce proceedings involving highly compensated business executives or professionals require the attention of an experienced executive divorce lawyer who understands the unique issues and special concerns central to high income and asset cases.

Very often the outcome of an executive or high net worth divorce will be influenced by the presence of a prenuptial agreement that the spouses signed prior to entering upon the marriage. Many individuals who possess considerable wealth, own businesses, or are otherwise concerned about protecting themselves against the claims of spousal support and property division that this precaution. William D. Evans APLC, will help you depending on which side of the issue you are on. We may seek to invalidate the terms of the agreement by demonstrating that it is not legally enforceable or we might have to defend your prenuptial/postnuptial agreement against the claims of your spouse.

A high asset marital property division can get complex when one or both spouses have a complex property portfolio, especially when one is an executive. You need a quality divorce attorney to divide the property. In any divorce the couple will have accumulated property. When the courts look at a high asset divorce usually a lot or real estate, investments and other business interests are involved. Examples of high assets are:

• Pensions that cannot be divided until retirement
• Stock options
• Vehicles, boats
• Real estate
• Securities Portfolios
• Business partnerships or professional practices

Hidden assets may appear in a high net worth or executive divorce. These assets may include:

• Cash and traveler’s checks
• Stocks and bonds
• Mutual funds
• Insurance policies
• Faulty Tax Returns
• Property such as jewelry or vehicles

There are lawyers and law firms who may claim to have your best interests as a priority, but ultimately have your billing as their focus. Beware of any lawyer that tells you that court litigation is the only option, or litigation is best to “defeat” your spouse during the divorce process. California family law protects the lesser earning spouse. If your wife has a good attorney, unnecessary litigation tactics will backfire, including significant attorney fee orders against you.

WE WILL BE THERE WHEN YOU CALL 

Learn about the steps you will take during separation and avoid mistakes along the way. Be better prepared to start (or finish) your divorce with tailored info from attorney.

Divorce cases are very difficult and complex. You need an experienced Los Angeles Family Attorney to guide you through the legal process.  Contact our law firm today at 562-439-9001 if you or someone you know needs the help of an experienced family law attorney. We will be here for you when you call. Schedule a free consultation!

We are very central to all of Long Beach, Seal Beach, Lakewood, Palos Verdes, San Pedro, Newport Beach; and regularly serve all of Los Angeles.

This is intended as general advice and should not be interpreted as legal advice. Each situation is unique and requires specific analysis of relevant contracts, facts and legal obligations.

Spousal support, or alimony, is a series of payments made from a higher-earning spouse to the other during the divorce process and often, after the court finalizes the divorce.

The purpose of spousal support is to make the transition from a two-income household to one-income less catastrophic for a lower-earning spouse. Although it may seem unfair that you must support your ex-spouse, the goal is to ensure that both spouses walk away from the marriage on balanced financial footing, and sometimes that can’t happen without additional support.

Type of Spousal Support in California

Like many other states, California courts offer temporary, rehabilitative, and permanent spousal support. California also recognizes a unique form of spousal support called “reimbursement support.” A supported spouse may request temporary spousal support. If a judge awards temporary support, it will typically be granted from the date it’s requested until the time the judge finalizes the divorce.

The purpose of temporary support is to allow a lower-earning spouse to cover living expenses during the divorce process. This type of support is unique in that the courts usually calculate the amount of support by using the California child support guidelines instead of the spousal support factors listed below.

Rehabilitative support is the most common type of spousal support and is common in cases where one spouse earns more than the other or was the primary earner in the family while the other cared for the parties’ children and home during the marriage. The goal of rehabilitative support is to give the lower-earning spouse enough support to allow time to gain valuable job skills or education to enter the workforce and become self-supporting.

Permanent spousal support is rare, and the court typically reserves it for spouses ending a long-term marriage (meaning ten or more years) where one spouse can’t enter the workforce due to advanced age or illness. (CA FAM §4336.)

California is unique in that, if one spouse helped finance the other’s education or career advancement training during the marriage, that spouse could request reimbursement support to recoup the funds used during the marriage. The idea behind reimbursement support is that when spouses work together to allow one to get an advanced degree, both will benefit from the advancements during the marriage. When couples divorce, only the spouse with the degree will benefit, and the court understands that may not be fair to the other.

The amount and duration of spousal support paid in California is determined by state law after carefully reviewing numerous factors. The court has tremendous discretion in setting alimony. If you are unable to settle or resolve this issue, then your attorney needs to develop detailed evidence about each factor set forth below.

The controlling statute that the court must consider in establishing permanent spousal support states the following:

4320. In ordering spousal support under this part, the court shall consider all of the following circumstances:

(a) The extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage, taking into account all of the following:

(1) The marketable skills of the supported party; the job market for those skills; the time and expenses required for the supported party to acquire the appropriate education or training to develop those skills; and the possible need for retraining or education to acquire other, more marketable skills or employment.

(2) The extent to which the supported party’s present or future earning capacity is impaired by periods of unemployment that were incurred during the marriage to permit the supported party to devote time to domestic duties.

(b) The extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party.

(c) The ability of the supporting party to pay spousal support, taking into account the supporting party’s earning capacity, earned and unearned income, assets, and standard of living.

(d) The needs of each party based on the standard of living established during the marriage.

(e) The obligations and assets, including the separate property, of each party.

(f) The duration of the marriage.

(g) The ability of the supported party to engage in gainful employment without unduly interfering with the interests of dependent children in the custody of the party.

(h) The age and health of the parties

(i) Documented evidence of any history of domestic violence, as defined in Section 6211, between the parties, including, but not limited to, consideration of emotional distress resulting from domestic violence perpetrated against the supported party by the supporting party, and consideration of any history of violence against the supporting party by the supported party.

(j) The immediate and specific tax consequences to each party.

(k) The balance of the hardships to each party.

(l) The goal that the supported party shall be self-supporting within a reasonable period of time. Except in the case of a marriage of long duration as described in Section 4336, a “reasonable period of time” for purposes of this section generally shall be one-half the length of the marriage.

However, nothing in this section is intended to limit the court’s discretion to order support for a greater or lesser length of time, based on any of the other factors listed in this section, Section 4336, and the circumstances of the parties.

(m) The criminal conviction of an abusive spouse shall be considered in making a reduction or elimination of a spousal support award in accordance with Section 4325.

(n) Any other factors the court determines are just and equitable.

WE WILL BE THERE WHEN YOU CALL 

Divorce cases are very difficult and complex. You need an experienced Los Angeles Family Attorney to guide you through the legal process.  Contact our law firm today at 562-439-9001 if you or someone you know needs the help of an experienced family law attorney. We will be here for you when you call. Schedule a free consultation!

We are very central to all of Long Beach, Seal Beach, Lakewood, Palos Verdes, San Pedro, Newport Beach; and regularly serve all of Los Angeles.

This is intended as general advice and should not be interpreted as legal advice. Each situation is unique and requires specific analysis of relevant contracts, facts and legal obligations.

California is a community property state, not an equitable distribution state. This means that any assets or property gained during the course of a marriage belong equally to both spouses and, therefore, the property must be equally divided between the two spouse by the court in a divorce.

Couples going through a divorce must decide how to divide their property and debts—or ask a court to do it for them. Under California’s community property laws, assets and debts spouses acquire during marriage belong equally to both of them, and they must divide them equally in a divorce. (Cal. Fam. Code § 2581) Some couples are able to agree on how to divide all their property and debts, like deciding who gets the house in a divorce. Couples who can’t manage this will end up going to court to ask for a decision from an arbitrator or a judge.

Whether you handle your own property division, or a court handles it for you, there are three crucial steps to the process:

• determine whether the property (or debt) is community or separate
• agree on a value for community property, and
• decide how to divide the property.

Differentiating Between Community Property and Separate Property

There is a strong presumption under California divorce law that the assets a couple accumulates during the marriage are community property, meaning owned equally by the spouses.

Property one spouse owned alone, before the marriage, or acquired by gift or inheritance during the marriage, is that spouse’s separate property in California. Separate property also generally includes items purchased with or exchanged for separate property, earnings on separate property, and any increase in the value of separate property, as long as the property owner can prove the claim with financial records or other documents. Separate property belongs to the spouse who owns it and is not generally divided in a divorce.

California law also provides that property spouses acquire before a divorce, but after the date of separation, is separate property. (Cal. Fam. Code § 2622.) The date of separation is not necessarily the date one spouse moves out of the marital home. Instead, it’s the date that one spouse decides to end the marriage, and it requires some act of physical separation combined with other actions clearly demonstrating that the spouse has decided to end the marriage.

The date of separation can become a big issue if, just before the divorce, one spouse either earned an unusual amount of money—got a large bonus at work or won the lottery, for example—or spent a significant amount of money. If the couple can’t agree on a date, a court will decide after considering all of the evidence.

A couple can agree either before or during marriage to change an asset that was originally separate property into community property, or vice versa. Such agreements must be in writing and must clearly state the intentions of the parties; simply changing the title of the property is not enough.

Divorcing spouses often wonder when does separate property become community property in California? Sometimes a spouse changes a separate asset into a community asset without meaning to by combining—or “commingling”—separate property with marital property. A premarital bank account belonging to one spouse can become marital property if the other spouse makes deposits to it; a house owned by one spouse alone can become marital property (either in whole or in part) if both spouses pay the mortgage and other expenses.

Many types of assets can be partially community and partially separate, including retirement accounts one spouse contributed to both before and after the marriage, or a business one spouse started before marriage and continued operating after marriage.

Distinguishing community property from separate property can become very complicated, especially if one spouse owns a business or other asset to which the other contributed labor or funds during the marriage. If you have a complex property situation, you may need to consult an attorney for advice. Spouses who can’t decide what belongs to whom will have to let a court decide whether the commingled property was a gift to the marriage or whether the original owner should be reimbursed in whole or in part.

WE WILL BE THERE WHEN YOU CALL 

Divorce cases are very difficult and complex. You need an experienced Los Angeles Family Attorney to guide you through the legal process.  Contact our law firm today at 562-439-9001 if you or someone you know needs the help of an experienced family law attorney. We will be here for you when you call. Schedule a free consultation!

We are very central to all of Long Beach, Seal Beach, Lakewood, Palos Verdes, San Pedro, Newport Beach; and regularly serve all of Los Angeles.

This is intended as general advice and should not be interpreted as legal advice. Each situation is unique and requires specific analysis of relevant contracts, facts and legal obligations.

Divorce is often the most trying time in one’s life. It will undoubtedly take an emotional toll on the family, which has to consider issues such as custody of children and division of assets. It is a stressful time and understanding what to expect will help you through the process.

If you are going through a divorce, you have plenty of company. Statistics show that over sixty percent of marriages in California end in divorce. What used to be an event viewed by society with shock is now sufficiently commonplace to be taken in stride by most of the people you know and, while upsetting, is no longer a disgrace. Most of the people who hear of your divorce will be divorced themselves, already.

It is vital to avoid reliance on the myths that surround divorce or to think that the often bitter complaints that one hears from couples going through the process or you hear from a friend over a drink necessarily accurately predict what will happen to you. You do not have to believe that a divorce must necessarily lead to vicious fighting or destroyed relationships. Especially when there are children of the divorcing couple, it is important to attempt to create a relationship with the ex spouse that will not injure the children and will allow them to prosper.

There are three courses of action that can be considered for a case of marriage dissolution.

Traditional litigation:

Traditional litigation is the process where issues are resolved by a court. In many cases, traditional litigation can be an expensive and lengthy process. Both parties will retain their own attorneys, who will conduct discovery and present evidence at a trial or hearing. Each attorney will try to obtain the outcome desired by his client.

Sometimes, a party will represent himself in a litigated matter. This can be risky. A self-represented party is required to comply with court rules and procedures in the same fashion as an attorney.

Following the trial or hearing, the court will issue a decision resolving the matters in dispute. Examples of matters resolved by courts include custody and visitation, child support, maintenance, and the distribution of assets and debts.

Collaboration:

The collaborative divorce process first begins with a conversation between divorcing spouses to ensure that both are willing to negotiate and work together in the collaborative process. If either party is unwilling to participate, a collaborative divorce won’t work.

The next step is for each spouse to hire an attorney. When you choose an attorney, it’s essential that you hire someone experienced in collaborative divorce and willing to use alternative dispute resolution, like mediation, rather than someone who wants to go to court and ask the judge to decide your unresolved issues.

Next, meet with your attorney privately to discuss what you want from the divorce. Your conversation should include how you would like to divide your assets and debt, how you would like to handle custody, visitation, and support for the minor children, and whether either spouse will support the other after the divorce. If either spouse owns a 401k or pension plan, you must also discuss with your attorney your preference in whether you and your spouse should split these accounts.

Divorce mediation:

Is a process that allows divorcing couples to meet with a specially-trained, neutral third-party to discuss and resolve common divorce-related issues. Mediation is typically less stressful and less expensive than a divorce trial, and it usually proceeds much faster. Because you and your spouse have the final say over your divorce matters, mediation also allows couples to maintain the power and control in their divorce, as opposed to asking a judge to decide.

Mediation gives you and your spouse the opportunity to build your communication skills, even in situations where a lack of communication was the cause for the relationship’s demise. With the help of a trained professional, even the most communication-challenged couples can succeed in mediation.

WE WILL BE THERE WHEN YOU CALL

Divorce cases are very difficult and complex. You need an experienced Los Angeles Family Attorney to guide you through the legal process.  Contact our law firm today at 562-439-9001 if you or someone you know needs the help of an experienced family law attorney. We will be here for you when you call. Schedule a free consultation!

We are very central to all of Long Beach, Seal Beach, Lakewood, Palos Verdes, San Pedro, Newport Beach; and regularly serve all of Los Angeles.

This is intended as general advice and should not be interpreted as legal advice. Each situation is unique and requires specific analysis of relevant contracts, facts and legal obligations.

When a couple legally separates or divorces, the court may order 1 spouse or domestic partner to pay the other a certain amount of support money each month. This is called “spousal support” for married couples and “partner support” in domestic partnerships. It is sometimes also called “alimony.”

In order for spousal or partner support to be legally established and officially start, there must be a court case.

A spouse or domestic partner can ask the judge to make a spousal or partner support order as part of 1 of these types of cases:

• Divorce, legal separation, or annulment; or
• A domestic violence restraining order.

You can ask for spousal or partner support to be paid while your case is going on. This is called a “temporary spousal support order” or a “temporary partner support order.” Support can also be ordered once the divorce or legal separation becomes final, as part of the final divorce or separation judgment. When it is ordered once the case becomes final, it is called “permanent (or long-term) spousal or partner support.”

Different types of Alimony/Spousal support

1. Temporary spousal support – awarded to a party during a divorce proceeding
2. Lump sum alimony – one lump sum award provided to a spouse upon divorce
3. Periodic alimony – alimony payments made at certain periods of time, generally monthly payments, which end after a specified period of time
4. Rehabilitative alimony – payments made for a spouse to obtain training or education
5. Permanent alimony – alimony payments without any termination date (usually only terminates upon the death of a party or remarriage of the recipient spouse)

Earning capacity and the standard of living during the marriage or partnership

Understanding the Factors the Judge must consider.

A judge must consider what each spouse or partner can earn to keep a standard of living close to what they each had during the marriage or partnership.

To do this, the judge looks at the:

• Marketable skills of the spouse or partner getting support;
• Job market for those skills;
• Time and expense the spouse or partner who gets support will need to get the education or training to develop more marketable skills or to get a job;
• Extent that the earning capacity (the ability to earn income) of the spouse or partner who gets support was impaired by periods of unemployment during the marriage/partnership when he or she was devoted to domestic duties.

The judge will also consider any history of violence at the hands of the spouse or partner to be supported against the person that would pay the support. And there is a rebuttable presumption against giving spousal or partner support to an abusive spouse or partner who has a criminal conviction for domestic violence against the other spouse or partner.

WE WILL BE THERE WHEN YOU CALL 

Divorce cases are very difficult and complex. You need an experienced Los Angeles Family Attorney to guide you through the legal process.  Contact our law firm today at 562-439-9001 if you or someone you know needs the help of an experienced family law attorney. We will be here for you when you call. Schedule a free consultation!

We are very central to all Long Beach, Seal Beach, Lakewood, Palos Verdes, San Pedro, Newport Beach; and regularly serve all of Los Angeles.

This is intended as general advice and should not be interpreted as legal advice. Each situation is unique and requires specific analysis of relevant contracts, facts and legal obligations.

Up until the new law was enacted, California courts treated pets like other physical, inanimate property such as furniture, cars, and other belongings. The family dog, cat, or another pet would be considered a part of the property to be divided when the marriage ended. Often judges would base their decision on which party purchased or adopted the animal. Judges had wide discretion in determining where the pet would be best placed or in arranging visitation schedules. The legal system, however, offered no official guidance.

Up until this year, only Alaska and Illinois had similar legislation. With the signing of AB2274, California courts must now view pet ownership differently from other possessions.

Family pet custody battles have been on the rise. While they reflect a pet’s important role in the family, they’ve also added conflict to an often already stressful situation. If you’re involved in a custody case involving a family pet, the Animal Legal Defense Fund, which ranked California #3 in the nation for its animal protection laws, may provide an amicus brief. Before getting into a lengthy, expensive battle over the family pet, remember that California’s law does not require a judge to make a conclusion, it merely gives guidance on what can be used to determine such situations.

Though pets still do not have any technical distinction from property, judges may now, as of January 1, 2019, “assign sole or joint ownership of a pet animal taking into consideration the care of the pet animal.” This means that the judge must take into account what’s best for the pet in terms of care and well-being when awarding sole or shared custody. The Court may even give temporary ownership to one “parent” during a separation or while the divorce is still in progress.

Essentially, the new law is designed to reflect how Californians care for and view their pets as members of the family—not just “property.”

A judge can evaluate the following questions when determining who will be awarded custody:

• Who typically feeds the pet?
• Who typically exercises the pet (walks, play time, fetch)?
• Who most often took the pet to veterinarian visits?
• Who’s name is registered as the owner?
• Who’s household can accommodate the pet with space and shelter?
• Who’s emotionally connected to the pet?

To sway the decision in your favor, you should gather proof of the above. Also, consider any other factors related to the specific type of pet you have. For example, fish and birds may have specific care regimens that are different from cats and dogs.

Before this law was enacted, pets were simply treated as any other inanimate piece of property such as a TV or a dining room table. Now, there are much clearer guidelines as to how custody of a pet will be handled and is based upon what the court deems as best for the animal.

For those who have a family pet, this new law may help bring some peace-of-mind as they navigate the already-stressful divorce process.

If you’re concerned about what may happen to your pet during a legal separation or divorce, consulting with an experienced family law attorney who understands the issue and new ruling can help alleviate your worries.

WE WILL BE THERE WHEN YOU CALL

Divorce cases are very difficult and complex. You need an experienced Los Angeles Family Attorney to guide you through the legal process.  Contact our law firm today at 562-439-9001 if you or someone you know needs the help of an experienced family law attorney. We will be here for you when you call. Schedule a free consultation!

We are very central to all of Long Beach, Seal Beach, Lakewood, Palos Verdes, San Pedro, Newport Beach; and regularly serve all of Los Angeles.

This is intended as general advice and should not be interpreted as legal advice. Each situation is unique and requires specific analysis of relevant contracts, facts and legal obligations.

High-profile divorce cases are complicated. The difference between an average outcome and an excellent result can have significant financial ramifications, requiring the expertise of a highly respected family law firm. The process for the executive or the executive’s spouse requires specialized legal skills and financial expertise.

If you are an executive of a corporation and enjoy a significant compensation package, there are many factors to consider in a divorce. You may own equitable interests in the company and be entitled to deferred compensation and pension funds. Subject to the initial assessment of whether these assets are separate or community property, these assets are subject to division in a divorce, and it is my job to ensure that correct evaluation of income and assets are made. The professional career as an executive must be considered when distributing the marital estate.

The objective of our firm is to protect marital assets such that current and future compensation is evaluated. If the business was started prior to marriage, we will protect that property interest as it can impact the equalization payment and child and spousal support. We will review all issues such as investments, stock options, equity positions, appreciation of separate property interests, tax issues, real estate and personal property issues, collectibles, investment portfolios, debts, judgments, and legal obligations.

But which facts must be considered in an executive divorce?

1. Planning for divorce

Think of a divorce as a road paved with many hazards. Are you going to just charge in and figure out your plan and direction later? The best divorce lawyers would tell you this is foolish. Filing immediately (unless there is a true emergency at issue, such as the children’s health or safety) is often not wise. Divorce planning starts before you file. Putting together a balance sheet of the income, expenses, assets and debts and planning a strategy and a budget are important first steps to a divorce.

2. Public or private judge

There is a choice. The best divorce lawyers talk to their clients about that choice. If the financial information of a business or personal income and assets should be kept out of the public eye, the cost of a private judge to handle the case may be well worth keeping most of the financial information out of a court file. Nearly everything that is filed in court becomes public record. In a divorce that involves significant assets and income, that may not be something either spouse wants. We believe the best lawyers bring this option to the table with their client as well as their spouse’s lawyer at the outset of the case.

3. Resolving custody and visitation early

Custody is one of the most hotly litigated issue in divorce cases. Orange County family court is riddled with custody cases. The last thing either parent should want is a custody battle. However, in a case where the executive is concerned his or her spouse will use the children as leverage, especially for an executive that doesn’t have a consistent schedule and needs the flexibility of the other parent. Getting child custody and visitation resolved and as part of a court order can avoid tens and sometimes hundreds of thousands of dollars in lawyer’s fees.

4. Retaining experts early

Experts come in different forms. The best divorce lawyers like to bring in a forensic accountant early in cases where controllable cash flow for child support and alimony are an issue and/or if there are business valuation issues. But that is not the only type of expert that may needed. Executives may also want to look at retaining:

• A mutually agreed and court appointed forensic psychologist if the parents are unable to resolve the custody issues and there are serious allegations of physical abuse, neglect or substance abuse in the case
• A vocational evaluator if the executive’s spouse refuses to work but has the ability to do so and the opportunity for employment is present. Some thought should go into this because if the income potential of the spouse is minimal and there is a great disparity of income between the executive and his or her spouse, a vocational evaluation may not be worth the cost.
• An appraiser or different types of appraisers may be necessary in the event a home, commercial building, antiques, artwork, class cars, wine collection or other items of great value need to be valued and divided.

WE WILL BE THERE WHEN YOU CALL

Divorce cases are very difficult and complex. You need an experienced Los Angeles Family Attorney to guide you through the legal process.  Contact our law firm today at 562-439-9001 if you or someone you know needs the help of an experienced family law attorney. We will be here for you when you call. Schedule a free consultation!

We are very central to all of Long Beach, Seal Beach, Lakewood, Palos Verdes, San Pedro, Newport Beach; and regularly serve all of Los Angeles.

This is intended as general advice and should not be interpreted as legal advice. Each situation is unique and requires specific analysis of relevant contracts, facts and legal obligations.

Child support is the amount of money that a court orders a parent or both parents to pay every month to help pay for the support of the child (or children) and the child’s living expenses. You might be in need of legal advice to:

• Prepare forms;
• Explain court procedures for getting and changing child support orders;
• Calculate child support using the guideline, if you have the necessary financial information; and
• Explain how the court makes child support decisions.

Every county also has a local child support agency to help you get, change, and collect child support at no charge. Learn more about the local child support agency and find the local child support agency in your county.

You can also find more information at each parent is equally responsible for providing for the financial needs of his or her child. However, the court cannot enforce this obligation until it makes an order for support. When parents separate, a parent must ask the court to make an order establishing parentage (paternity) and ask the court to make an order for child support.

Child support payments are usually made until children turn 18 (or 19 if they are still in high school full time, living at home, and cannot support themselves).

Either parent can ask the judge to make a child support order as part of one of these types of cases:

• Divorce, legal separation, or annulment (for parents who are married or in a registered domestic partnership);
• A Petition to Establish Parental Relationship (for unmarried parents);
• A domestic violence restraining order (for married or unmarried parents);
• A Petition for Custody and Support of Minor Children (for parents who have signed a voluntary declaration of parentage or paternity OR are married, or registered domestic partners, and do not want to get legally separated or divorced )

Find out more on how to ask for child support in one of these types of court cases.  Either parent can later ask the judge to change the support amount if the situation changes.  Find out more about changing a child support order.

Child support can also be ordered as part of a case filed by the local child support agency (LCSA), which is the local government agency located in each county that provides services to establish parentage and establish and enforce child support orders. Here is how:

• If one of the parents has been getting public assistance (like TANF -Temporary Assistance for Needy Families), the LCSA automatically files a child support case against the noncustodial parent.  The case also includes as a party the custodial parent that is receiving public assistance.
• Either parent can ask the LCSA to provide child support services, which will then start a child support case.
• If a child is in foster care, the LCSA may start a child support case against one or both parents.
• Either parent can ask the LCSA to take over enforcement of a child support order in a family law case (like a divorce or parentage case).

WE WILL BE THERE WHEN YOU CALL 

Divorce cases are very difficult and complex. You need an experienced Los Angeles Family Attorney to guide you through the legal process.  Contact our law firm today at 562-439-9001 if you or someone you know needs the help of an experienced family law attorney. We will be here for you when you call. Schedule a free consultation!

We are very central to all of Long Beach, Seal Beach, Lakewood, Palos Verdes, San Pedro, Newport Beach; and regularly serve all of Los Angeles.

This is intended as general advice and should not be interpreted as legal advice. Each situation is unique and requires specific analysis of relevant contracts, facts and legal obligations.