The Benefits of a “No-Court” DivorceJanuary 30th, 2012A “no court” divorce, also called “collaborative divorce” is a way for divorcing spouses to resolve all the major issues of divorce outside of court. This gives control over important matters like property division, child custody, and support to the spouses rather than to a judge. It also costs a fraction of what both of spouses would spend fighting over these issues in court. Here is how a “no court” divorce generally works. Read the rest of this entry »
How Divorce Affects a Family-Owned BusinessDecember 23rd, 2011When a couple owns a business together, the dissolution of their marriage or registered domestic partnership has the potential to seriously harm their business. Because the business is likely to be one of the most valuable assets the couple has, protecting the business during the dissolution should be a joint priority. Both parties need to remember that unless there was a written agreement that the business would be the separate property of one of the parties, the community property will include the amount by which the business has appreciated during the marriage, and each of them will own half of that amount. Read the rest of this entry »
How to End a Short-Term Marriage or Domestic PartnershipNovember 23rd, 2011The recent 72-day marriage of reality-show celebrity Kim Kardashian to NBA star Kris Humphries brings to light a poignant truth: sometimes, a legal relationship just isn’t going to be a happy one, and one or both persons know it within a very short time. In California, there are three possible ways to end a short-duration marriage or domestic partnership. Read the rest of this entry »
Getting Temporary Emergency Orders in San Diego Divorce and Family Law CasesOctober 28th, 2011If you have a divorce or other family law case pending in a San Diego court, there’s a difference between getting a temporary order and an emergency order. Temporary orders are common, and these are usually orders that a court makes after a hearing with all parties. But sometimes one side may ask the court to make an order immediately—without notifying the other side and without a hearing. This is called an “ex parte” order, and they’re not granted in the typical divorce or child custody case. Read the rest of this entry »
What Is Forbidden in a California Premarital Agreement?August 19th, 2011The Implosion of the “Governator’s” Marriage: In May of 2011 former California Governor Arnold Schwarzenegger and his wife of 25 years, Maria Shriver, announced they were separating. According to a recent CNN article, the cause of their rift was a child fathered by Schwarzenegger as a result of an affair he had with a member of his household staff nearly 13 years earlier. Read the rest of this entry »
How to Handle an Upside-Down Property in a DivorceJuly 29th, 2011It once was the case that a jointly-owned house was a divorcing couple’s largest asset. However, in this poor economy, many divorcing couples find themselves with homes that are “upside-down,” worth less than amount owed on the mortgage. Upside-down property can be one of the most difficult assets to handle in a divorce. When a divorcing couple owns a house worth MORE than the mortgage, one of two things usually happen: Read the rest of this entry »
A Mediator is not a “Shared” Divorce LawyerJune 20th, 2011Divorce can be long and expensive if spouses battle in court over child custody, the division of their belongings, and/or child support and spousal support (alimony). In many cases, a neutral, experienced divorce mediator can help the spouses reach an agreement on some or all of these issues, reducing the time and expense of court proceedings. In a typical mediation proceeding, each party consults separately with the mediator, and then the mediator brings both spouses together to craft a compromise agreement, which the spouses then sign. Read the rest of this entry »
Navigating the California Courts to Collect Unpaid SupportMay 20th, 2011When a couple divorces, one spouse is often required to pay money to support the children (child support) and/or the other spouse (spousal support or alimony). Unfortunately, getting an award for support and collecting it are two different things entirely. It’s up to the spouse receiving the money to make sure that the money is being paid and to take action if it is not. Courts in California will not step in automatically. If your ex-spouse isn’t paying, then you or your attorney can ask the court to deduct support payments from their paycheck; this is called “wage garnishment.” Read the rest of this entry »
Relationship Conflicts and Divorce LawApril 1st, 2011It’s well known that divorces can be difficult. Besides dealing with property division, alimony, child support, and visitation, the spouses must also cope with the array of emotions accompanying the end of their marriage. Those emotions can worsen already-existing conflicts and make the divorce process more difficult. As a sociologist recently explained, no marriage is conflict-free, and those conflicts may fall into one of four categories. First are “one-time, solvable problems,” which are conflicts created by a particular situation, not a clash of personalities. Second are “cyclical conflicts,” which are ongoing, but alternate between being a big problem at some times, a small problem at others. Third are “deal-breakers” – the sort of conflicts that cannot be solved by agreement, because they arise from a fundamental difference in personality or belief. Lastly, there are “wounding problems.” These conflicts arise over and over – like cyclical problems – but they tend to produce feelings of hurt and frustration, and can be very difficult to resolve. Read the rest of this entry »
Domestic Partnerships in CaliforniaJanuary 28th, 2011People living in California are well aware of the ongoing controversy surrounding Proposition 8, the ballot measure seeking to ban gay marriage, which was passed in 2008 and subsequently upheld by the California Supreme Court. However, in August 2010, a federal judge ruled that Proposition 8 violates the U.S. Constitution’s guarantees of due process and equal protection. The controversy is likely to go on for some time, as the case is expected to reach the United States Supreme Court. Currently, California is not issuing marriage licenses for same-sex couples. While the Proposition 8 controversy is pending, though, same-sex couples can continue to form legally-recognized domestic partnerships. Filing a Declaration of Domestic Partnership with the state provides couples with certain legal and financial advantages. Among the benefits is the right of one partner to be covered under the other’s employer health insurance where the employer offers coverage to spouses. Partners are also entitled to various property rights, inheritance rights, and state tax advantages. As one real estate expert notes, issues may arise when domestic partners jointly purchase real property without planning on how the property will be handled if the relationship ends. In California, community property law applies to registered domestic partners, and most property acquired during the partnership will be equally owned by both partners. However, property rights can be modified through a Domestic Partnership Agreement, which can specify how a couple’s assets and debts will be handled if they separate. Couples may agree that if they separate, the home will belong to one or the other of them, or that one partner can buy out the other at an appraised price, or that the property will be sold and the net proceeds divided between the partners. The attorneys at San Diego Law Firm have many years of experience in creating domestic partnerships. If you are considering forming a registered domestic partnership, we can explain its benefits and potential drawbacks, help you decide whether a domestic partnership agreement is right for your situation, and, if you decide that it is right for you, we can draft a domestic partnership agreement that will protect all of your rights. Please contact San Diego Law Firm today at (619) 794-0243 to arrange a consultation.
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