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In the state of California, marital partners who are seeking to dissolve their marriage can choose from a variety of legal options. The alternatives are a “conventional” divorce trial, arbitration, mediation, “collaborative” divorce, legal separation, and annulment. 

LEGAL SEPARATION. 

A couple does not always need to go straight to divorce.  Legal separation is an option for couples who are determining if they actually want to end their divorce. 

You must have lived in the state for six months before you file for divorce, but there is no such residency requirement for a legal separation. After filing for divorce, you must wait an additional six months before your divorce can be finalized; but there is no waiting period for a legal separation. Once you file for legal separation, it is in place. 

As part of a legal separation, you’ll want to draft an agreement. This can be beneficial should you decide to go through with a divorce. 

Partners with children must arrange for child support payments and visitations. You can learn more about the option of legal separation in California – and about whether legal separation may be right for you – by discussing your own situation with an experienced Long Beach family law attorney. 

Moving Forward with Divorce 

If you decide to divorce after your separation, California law allows you to convert your legal separation to a divorce. This can be done at any point during the legal process. Either spouse is able to file a request for the conversion. This will require additional paperwork. 

Another way to move your divorce along without establishing residency for 6 months (which is required in California); you can file for legal separation immediately. The six-month waiting period for a final divorce decree begins as you work through the legal separation procedure. When it has expired, you are able to file to convert your matter to a divorce. 

Even if you feel like your marriage can be saved, and you do not want to pursue divorce, it’s advised that you work with a family law attorney. You’ll want to take actions to protect your assets, credit, home, children, and possible future right to support settlements. If your spouse files, a temporary hearing can be held in as little as a few days. 

In what ways is legal separation comparable to divorce? 

Petitioning for legal separation in California is just as complicated as filing for divorce. This is a no-fault divorce state where a divorce and a legal separation require identical legal grounds – either “irreconcilable differences” or one spouse’s incurable insanity. 

The two actions are almost identical, from serving the divorce or separation petition to the full disclosure of both partners’ finances. In legal separations as well as divorces, the partners can personally resolve any disputed issues in the marriage, or a court can make those decisions when the partners cannot reach agreements. 

In both divorces and separations, the spouses can reduce their time, expenses, and anxieties by reaching agreements on as many topics as they can before they formally initiate legal separation or divorce proceedings. 

Having the insights and advice of a Long Beach family law attorney is imperative for anyone who is seeking a legal separation or a divorce in southern California. 

Ask for Help 

We can listen to your story and ensure you take the right steps towards protecting your rights.  

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.   

A divorce can affect grandparents. If you are a grandparent and want information about visitation with your grandchildren, it`s important  learn about your options and understand your rights as a grandparent. 

When Can Grandparents Ask for Visitation? 

Parents can always choose to allow grandparents visitat with their children, without a court order. For various reasons, however, some parents stop allowing their children time with their grandparents. In these cases, the grandparents may be able to petition the court for visitation. 

Under California law, a grandparent can ask the court for reasonable visitation with a grandchild. To give a grandparent reasonable visitation with a grandchild, the court has to: 

1. Find that there was a pre-existing relationship between grandparent and grandchild that has “engendered a bond.”  This means that there is such a bond between grandparent and grandchild that visitation is in best interest of the grandchild. 

AND 

1. Balance the best interest of the child in having visitation with a grandparent with the rights of the parents to make decisions about their child. 

Grandparents Visitation 

Another issue that comes up is if grandparents are permitted visitation rights to their grandchildren. In every state, there are stipulations that allow grandparents to maintain a relationship with their grandchildren through grandparent visitation rights. Each state’s laws and requirements will vary greatly, so it will largely depend on what state the child custody process is being adjudicated in. 

Supervised Visitation 

Lastly, if a parent has received full custody of their children and there is a concern about abuse to the spouse who has full custody of the children, or abuse to the children themselves, the court may still grant the other parent visitation rights. However, these rights will typically include supervised visitation. This can be a person who is either known or unknown to the parents and no visitation will be able to take place without a third-party supervisor being able to monitor the safety of the parent, as well as the children. 

How Courts Decide Whether to Grant Grandparents Visitation 

Grandparents that file for visitation rights with their grandchildren must serve a copy of the petition on each of the child’s parents, stepparents, and any other person who has physical custody of the child. Courts automatically send all grandparent visitation cases to mediation. If the parents and grandparents can’t settle their matter in mediation, the mediator notifies the court, which then sets the case down for a hearing before a judge. 

A judge deciding a grandparent’s visitation case begins with the presumption that grandparent visitation shouldn’t be allowed if both parents (or one parent with sole custody) decide that the grandparent shouldn’t have visitation. It’s the grandparent’s burden to prove to the court that visitation is in the child’s best interests. 

When determining whether visitation is in a child’s best interests, courts consider a host of factors, including each of the following: 

• the child’s health, safety, and wellbeing 
• and history of domestic abuse by anyone seeking custody or visitation 
• each person’s use of drugs or alcohol, and 
• the nature and frequency of contact between the child and person seeking custody. 

When a child’s parent dies, the court can grant visitation to the deceased parent’s children, siblings, parents, or grandparents if it’s in the child’s best interests. Judges consider the amount of contact between the child and the other family member when deciding whether to grant visitation for all family members except grandparents; grandparents need only show that it’s in a child’s best interests for them to win visitation. 

Visitation Rights After Adoption 

In California, if a child is adopted by someone other than a stepparent or grandparent, all visitation rights with the previous family automatically terminate. The child’s adoption severs not only the relationship between a child and parent, but all of the parent’s relatives as well. If a stepparent or another grandparent adopts the child, however, grandparent visitation may continue. 

Also, if a court has removed a child from the parent’s physical custody and placed the child in another environment, such as a children’s home, the judge must also determine whether continued grandparent visitation is in the child’s best interests. In these cases, courts don’t automatically assume that grandparent visitation is against the child’s best interests, regardless of the parents’ views or desires. 

Ask for Help 

We can listen to your story and ensure you take the right steps towards protecting what you care most.  

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.   

Social media offers a small glimpse into our everyday lives and allows us to share our lives with our families and friends; but during your divorce case, it can be extremely harmful. Some details of your life are worth sharing on social media 

While some big life events are worth sharing on social media, others are better left unposted. The details of your  divorce are a prime example. 

The things you post publicly on social media can be used against you by attorneys for your spouse. That’s why it’s critical that, when going through a divorce, you avoid some risky social media habits that could provide ammunition to the other side and undermine your divorce case. Here are some social media habits to avoid during your divorce. 

Posting about your spouse or ex-spouse. 

It’s never a good idea to vent your frustrations about your spouse’s behavior on a public forum such as social media. In general, you shouldn’t publicly speak negatively of others, even if you plan to delete the post later. As has been proven many times over, things posted on social media can live on forever thanks to screenshots, so it’s important you don’t wade into the legal minefield of emotionally venting you and your spouse’s business for all to see.  

Deleting activity that could be used against you. 

Most people think that when they delete their social media activity, it disappears forever. However, it is almost impossible to permanently delete anything from your online presence. Even the act of trying to delete your social media activity can be held against you as the destruction of evidence or inference of guilt. 

Sharing Locations on Social Media 

Many social media platforms allow for geotagging, which means that when you make a post the location from which the post was made is also revealed. With many platforms, geotagging features can be toggled on and off. Make sure that you don’t allow geotagging, as your social media accounts may be creating a trackable database of your whereabouts that could be used against you in court to damage your case. 

Discussing new romantic relationships. 

Any new romantic relationships should be kept private until your divorce is final. Even if your new relationship began after your marriage ended, any evidence of a new relationship can be used to prove an affair. Keep your new love interest under wraps until everything is settled. 

Posting photographs of or mentioning drugs and alcohol. 

Evidence of drug and alcohol use can be used to prove that you are an unfit parent. Even a casual “Friday Night Wine” post or a picture of you sharing a beer with a friend can be taken out of context or exaggerated. Exercise extreme caution when anyone wants to take a picture of you in social drinking settings. 

Most social media platforms have an option that allows users to temporarily pause their account. During a divorce, it’s best to play it safe and avoid all social media use until the divorce and related proceedings are final. 

Ask for help.  

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.     

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The answer depends upon several things, most notably: 

 1) Did the other party cause death? and 2) Was the marital status terminated early by bifurcation? 

For purposes of this article. We are going to assume that death is a result of accidental or natural causes, not criminally expedited. 

DIVORCE PROCEEDINGS STOP WHEN A SPOUSE DIES 

If a party’s death occurs before their marital status is dissolved, then the property passes according to intestate succession or another governing estate plan, including survivorship and community property rights, and the family court loses jurisdiction over the property which now must be adjudicated by the probate court. 

How a Death During a Divorce Affects The Terms 

So, the divorce process stops when a spouse dies. What does that mean for the allocation of property, child custody, and financial obligations? 

Allocation of Property: If your spouse dies during a divorce, you’ll typically assume ownership of all community property. You may also inherit all of your spouse’s separate property unless they had a last will saying otherwise. 

The Decedent’s Non-Probate Assets 

All states distinguish between probate and non-probate assets when a person dies. Non-probate assets are those that pass directly to a named beneficiary by contract, so probate isn’t necessary to achieve a transfer of title. For example, life insurance death benefits and retirement plans usually have named beneficiaries. If the probate court is deciding the disposition of your marital estate, it generally has no control over these assets. They go to the named beneficiaries, regardless of your divorce plans. If your spouse named you and neglected to change her designation when you filed for divorce, you’ll usually still inherit. 

What Happens When a Will Goes to Probate? 

If you have assets at the time of your death, they must still pass through the probate process so your outstanding bills are paid and the remaining assets go to your statutory heirs — persons whom by the law in your particular state are deemed to have the right to inherit from you. If you leave a will, the process is overseen by your chosen executor. 

Is a Divorce Decree a Conveyance of Property? 

A divorce decree usually splits property between spouses in addition to addressing child support, custody, and other issues. However, even though your decree orders your property to be split in a certain way, you may have to take additional steps to make the transfer effective. For example, you may need to sign a deed giving real estate to your spouse. 

Ask for help.  

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.    

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Domestic abuse is, unfortunately, taking place all around us and yet very few of us will be aware of it happening to our friends or family as it usually occurs behind closed doors. For many divorce solicitors, this therefore means that some of our clients will be victims of domestic violence but may not openly speak about it. 

In any case, domestic violence in the home poses not just emotional and psychological risks, but financial as well. Luckily, as part of a California domestic violence case you open with the court, you may be able to ask for financial support to help you meet the necessary financial expenses while you and your spouse are not living together. 

As family lawyers, we are always aware that there can be hidden issues behind the breakdown of a relationship, however these figures have shocked us perhaps more than the national statistics, as these are individuals we have met…families we have acted for and supported. 

The Government defines domestic abuse as: 

Any incident of controlling, coercive, threatening behaviour, violence or abuse between those aged 16 or over who are, or have been intimate partners or family members regardless of gender or sexuality. The abuse can encompass, but is not limited to: 

• psychological 
• physical 
•  sexual 
• financial 
• emotional 

Under the Domestic Violence Prevention Act (California Family Code § 6200 et seq.), domestic violence charges cover a wide range of abuse, including spousal abuse and child endangerment. Any threatening or violent act, even if the accused did not intend to harm or compromise the safety and security of the victim, could be grounds for prosecution under the California Domestic Violence laws. 

The term domestic abuse covers a wide range of behaviours and does not always mean that there is physical abuse.  

Domestic abuse is not confined to any one type of person, it can happen to anyone regardless of age, gender, religion, race. The victims have often been isolated by the abuser with their links and access to friends and family being restricted.  

Divorce 

Although California is a no-fault state regarding divorce, there are some instances where fault could be a factor, namely a domestic violence conviction. In California, when a spouse has been convicted of domestic violence against the other spouse within the past five years, the presumption is that the convicted spouse should not receive an award of spousal support. Keep in mind, this is a “rebuttable” presumption, not an automatic presumption, meaning the convicted spouse is allowed to present evidence to “rebut” the presumption against him or her. If there was domestic violence on both sides, then this may be taken into consideration by the judge, and spousal support could be awarded to the convicted spouse. 

Leaving Your Abuser 

As noted, there are certain protections available for those who are dealing with domestic violence and find themselves in family court. If you are in a domestic violence relationship, you will have different issues to consider once you decide to file for divorce, or when you separate from your spouse, particularly if there are children involved. 

 If it is at all possible, do a little bit of planning before you file for divorce, in that it could be extremely helpful to have some cash saved, and to have a safe place to stay—preferably one that your spouse will not immediately look. 

Ask for Help 

We can listen to your story and ensure you take the right steps towards protecting yourself, your children and your financial interests.  

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.   

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When there are a lot of assets, such as in high net worth marriages, that need to be decided on in divorce, it’s important to remember the tax repercussions that can follow those decisions. You’ll want to make sure you have a complete understanding of how new laws will effect your tax filing. 

2019 Law Changes 

A number of tax law changes were implemented at the end of 2017 but a big disruption won’t happen until Jan. 1, 2019. The biggest direct impact is on alimony. 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. 

While the determination of the actual dollar value of alimony is relatively easy, the biggest sticking point is where the money for the settlement is coming from, and how well-prepared each side is for the long-term. 

Some Options. 

 
If you’re in the middle of your divorce, you can choose to file jointly with your spouse as long as you are still legally married at the end of the tax year, December 31. You qualify for this tax filing status even if you are physically separated so long as there is no final court judgment terminating your marital status. In order to file a joint return, both spouse must agree to do so. 

If you’re in the middle of your divorce, have been physically separated for at least half the year, and have had at least one child in your care for over 50% of the time, you will likely also qualify to file your taxes as “head of household.” Filing head of household will likely result in a lower tax rate. 

Once your divorce is finalized, you may still continue filing as head of household so long as you qualify to do so. Otherwise you will be filing your taxes as single. 

Claiming Alimony 

Spouses receiving alimony used to be able to claim it as earned income. Under the new law, they are no longer able to claim it, and thus cannot contribute to accounts like IRAs and Roths. So if they have no other earned income, they have no way to grow their tax-advantaged retirement accounts. 

This can be especially hard-hitting when the divorce settlement is not enough to get by on. Even harder hit, are those who are not old enough and thus do not yet qualify for Medicare and Social Security. 

How Tax Filing Status Impacts Your Support During Divorce 

One of the key factors in calculating temporary support during your divorce is your tax filing status. Your support will be significantly different if you’re filing jointly as opposed to head of household/separately. Additionally, although spousal support is taxable income to the payee and tax deductible to the payor, in cases where parties are filing jointly, the inclusion/deduction of spousal support is a moot point. 

The Pros and Cons of Filing Jointly 

As a general statement, your tax burden is usually lower when you file a joint tax return. Therefore, many couples choose to file jointly even in the middle of their divorce. Filing jointly oftentimes is also easier, as you won’t have to figure out how to divide the deductions such as mortgage interest, property taxes, and dependency exemptions. Before assuming that filing jointly is best for you, it’s always best to work with a tax advisor to help you make the smartest financial decision for you. 

Ask for help. 

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.    

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An annulment of Marriage does not have the same effects as a divorce; since an annulment is the virtual wiping away of a marriage from history. After an annulment, it is as if the marriage never occurred in the court’s eyes. You will no longer have the presumption of paternity over children conceived during the marriage or have the right to demand child support from a spouse. 

Let’s say you’ve only been married a few weeks. And now all you want is to get it annulled. For starters, an annulment is not based on how long you have been married. Even if you’ve only been married a few weeks or months, you may not be able to prove to a judge that your specific case involves a valid legal reason that makes the marriage invalid. The courts may find a marriage invalid for a variety of reasons, including: 

1. The marriage is incestuous because the people are related by blood. 

1. The marriage is bigamous because one spouse is already married to someone else. 

1. At the time of the marriage, one party was under the age of 18 (the legal age of consent varies by state) 

1. One party was legally married to someone else, but the partner was absent for 5 or more years and the party didn’t know if their spouse was dead or alive, but generally, the absent spouse was thought to be dead. This is different than bigamy. 

1. One of the parties was “of unsound mind” or could not understand the nature of the marriage, and this includes the marital obligations involved. 

1. Either party got married as a result of fraud, a fraud that is vital to the relationship. (i.e. marriage for a green card, lying about ability to have children) 

1. Either party was forced to get married. 

1. One of the spouses is physically incapable of having sexual relations and this incapacity continues and appears that it cannot be cured. 

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Getting an annulment does not depend on how long you have been married or in a domestic partnership. Even if you have been married/in a partnership only a very short time, you may not be able to prove to the judge that your case posesses 1 of the legal reasons that makes your marriage/partnership invalid.  

It’s critical to understand that in California, there’s a deadline (known in legal terminology as a “statute of limitations”) which sets a time limit on when annulments can be filed. The deadline depends on the reason why you want the annulment. 

Proving that there is a legally valid reason to get an annulment can be very difficult. Talk to a lawyer for help understanding exactly what you need to show to a judge before he or she will agree to give you an annulment.  

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Rights and obligations relating to property and debt 

When you claim that a marriage or domestic partnership is not legally valid, you are also saying that the legal rights and duties of community property laws in California do not apply. This means that you and the other party cannot rely on community property laws to divide any property or debt that you accumulated while you were married or in a domestic partnership. 

It also means that you would not have the right to spousal or partner support, or other benefits like the right to a portion of the other person’s pension or retirement benefits. 

There is an exception: Someone in an invalid marriage or domestic partnership may have “putative” spouse or domestic partner status. This means that they may have the right to community property, support, and other property-related benefits. To prove you have “putative” spouse or partner status can be complicated. You will have to prove that you had a good faith belief that the marriage or domestic partnership was legal under California law. Talk to a lawyer if this is your situation.  

Do not stop your journey for knowledge. 

There is so much more to learn about California family law. Fortunately, the knowledge you seek is right on our website (https://familylawlb.com). When you are ready to take the next step, contact us for an affordable strategy session.  

Learn About Your Options   

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.

   

Divorce comes from the uncertainty over what the future will bring, especially about money. It’s not uncommon for a lower-earning spouse to receive inadequate financial support in the early phases of separation.  

Alimony is designed to keep the lower-earning spouse at a standard of living similar to when they were married. 

In California, you can get temporary alimony at the beginning of the divorce process without having to wait for the final judgment. There are also other options for filing for spousal support without the need to file a divorce complaint. 

TEMPORALY ALIMONY 

Temporary alimony or spousal support is an order for support that comes during a divorce, legal separation or even an annulment case after one party has filed such a request with the court.  A hearing is set after a motion document called a “Request for Order” is filed with the family court.  For these financial motions, it is a requirement that each party file an Income and Expense Declaration to show their respective financial status.  

The spouse seeking the temporary alimony requests a hearing. At that hearing, a judge will calculate what alimony award, if any, should be given. Spousal support is referred to as either temporary alimony or permanent alimony. Temporary alimony is support paid by the higher-earning spouse to the lower-earning spouse during the divorce process. Permanent alimony is support paid after the conclusion of the divorce. 

WHAT IS TEMPORARY SPOUSAL SUPPORT FOR? 

Courts award temporary spousal support during divorce to help allocate family income. If one spouse earns and hoards all the money, that’s not fair – and the non-earning spouse is entitled to some of that family income while the divorce is pending. In many cases, the courts award enough money to allow the supported spouse to live in the same manner to which he or she was accustomed during the marriage. The money can go toward rent, bills and other expenses. 

Temporary spousal support is not the same as child support. Receiving or paying spousal support doesn’t change whether you’ll receive or pay child support. 

HOW IS TEMPORARY SPOUSAL SUPPORT CALCULATED? 

Temporary alimony and permanent alimony are calculated in different ways. A judge will typically use an established formula to calculate a temporary alimony order. These  formulas vary by county. 

The court will also look at the periods of unemployment that the supported spouse incurred while attending to domestic duties. 

Usually, temporary spousal support hinges on the asking spouse’s financial need and the paying spouse’s ability to pay. The judge in your case will look at many other factors when determining permanent spousal support, though, including: 

• Both spouses’ debts 
• Both spouses’ assets (including separate property) 
• Both spouses’ financial needs according to the marital standard of living they established 
• How extensively the supported spouse contributed to the paying spouse’s education, training, career or licensure in his or her field 
• How extensively the supported spouse’s earning capacity is lowered because he or she was unemployed during the marriage 
• How long it would take for the supported spouse to acquire the skills, education or training necessary to get a job, as well as how much it would cost 

• The age and health of each spouse 
• The length of the marriage 
• The supported spouse’s ability to work outside the home without derailing his or her dependent children’s lives 
• The supported spouse’s marketable skills, and whether he or she is likely to be able to get a job 

DO YOU NEED TO TALK TO AN ATTORNEY ABOUT TEMPORARY SPOUSAL SUPPORT? 

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.   

Breast Cancer Awareness month is a worldwide annual campaign that takes place during the month of October, involving thousands of organizations, to highlight the importance of breast awareness, education, and research. 

Read More “October is Breast Cancer Awareness Month.”

For civilian marriages, the chances of a divorce are about 50 percent for a first marriage, but for military marriages, the divorce rate is said to be even higher. Why are service members at such a high risk of divorce? Much of it has to do with extended periods of time these couples can be separated. When spouses are separated for months at a time, they are at a higher risk of “disconnecting,” but another issue is the increased chance of infidelity on either spouse’s part. Although the procedures for military and civilian divorces are the same, there are some unique conditions that you’ll need to be aware of when divorcing an active duty military spouse. 

Read More “FILING A MILITARY DIVORCE IN CALIFORNIA”