Family Law Archives - Page 32 of 36 - Lonich Patton Ehrlich Policastri

Can You Remarry Before Your Divorce is Final?

February 4, 2011/in Family Law /by Mitchell Ehrlich

In short, the answer is “no.” Under California law, an individual who is legally married cannot enter into another legal marriage before terminating the first marriage. Recent news of Kelsey Grammer’s approaching marriage to Kayte Walsh has brought this issue to light. Grammer, although planning his February wedding to Walsh, is not yet divorced from his current wife, Camille Grammer.

California couples in similar situations might want to consider reading up on California’s “status only” judgment. A “status only” divorce, or bifurcation, is a legal proceeding where a couple’s marital status is terminated before other divorce issues, such as property characterization and division, are settled. Upon one party’s motion, the court can sever the issue of dissolution of marital status, and expressly reserve the right to later determine all of the other pending issues. Thus, after bifurcation, the individuals are considered legally “single” and are free to remarry. However, the court retains jurisdiction to settle all of the other remaining issues.

For more information on how to best proceed with your California divorce, please contact us. Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

Source:

The Huffington Post

After Paying Out £42 Million in Alimony, Phil Collins Says He is in No Rush to Remarry

February 3, 2011/in Family Law /by David Patton

Famous musician and song-writer, Phil Collins, gave an interview to the UK Mirror about his past and present romances. With three ex-wives, Collins has paid out over £42 million in alimony. In the U.S., this would translate to approximately $66.5 million in settlement payments. Collins is currently dating news anchor Dana Tyler, whom he met in 2006 while she was interviewing him about a Tarzan stage show that was set to play on Broadway. While Collins had a lot of nice things to say about Tyler, he made it clear that he believes he is better off not remarrying. For more information please see the full article.

If you have been bitten by alimony payments, before choosing to remarry, it would be a good idea to make sure you have a solid prenuptial agreement in place. A prenuptial agreement is a contract between the two prospective spouses. It can address a wide variety of issues including property rights and obligations during marriage and upon divorce. A prenup might be right for you if prior to your marriage you own real estate, own more than $50,000 of assets aside from real estate, have ownership rights in a business, or earn a salary of more than $100,000 per year.

If a prenup sounds like a good idea, it is wise to consult a qualified family law attorney for advice. However, before seeing an attorney, it is recommended that you and your fiancée discuss the essential terms of the agreement. This way, your lawyer will have a better understanding of your needs and concerns.

For more information about prenuptial agreements, please contact the family law attorneys at Lonich Patton Erlich Policastri. Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

Sources:

Nolo

How You Can Get the Child Support Money You Need

January 28, 2011/in Family Law /by Mitchell Ehrlich

If you are a Bay Area resident who is shouldering the financial responsibility of your child alone, you may be interested in learning more about the details of California’s child support system.

Child support is a certain sum of money that the court orders one parent to pay the other parent. When a California court is calculating the amount of child support one parent should pay the other, it looks at several key factors. These factors include how much the parents earn (or can earn), the other parent’s income, the number of children the couple has together, how much time the parents spend with their children, health insurance expenses, daycare costs, and other things.

The child support money is intended to be used to financially support the couple’s child(ren). Child support is typically paid to care for minor children (children under 18) who are living at home and unable to support themselves. However, parents can agree to support children longer than the age of majority. In addition, a court may order continued child support for a child over 18 who is disabled and unable to care for themselves.

For more information about child support, please contact Lonich Patton Erlich Policastri. Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

New Family Law Legislation Enacted in Response to a 2007 California Supreme Court Ruling

January 26, 2011/in Family Law /by Gina Policastri

A recent legislative change affecting family law cases was brought about by the 2007 California Supreme Court ruling in Elkins v. Superior Court, which held that reducing live testimony in family law cases deprives parties of due process protection. In response to this ruling, the California legislature enacted a new law regarding the introduction of live testimony in family law cases. The new law was codified in §217 of the California Family Law Code.

Absent a stipulation of the parties or a finding of good cause, Section 217 requires that upon an order to show cause or notice of a motion, the court should receive any relevant “live, competent testimony” within the scope of any hearing. In addition, §217 authorizes the court to “ask questions of the parties.” The court “may make a finding of good cause to refuse to receive live testimony” in appropriate cases. In such cases, the court must state the reasons for its denial on the record or in writing. Section 217 also requires the Judicial Council to “adopt a statewide ruling of court regarding the factors a court shall consider in making a finding of good cause.”

Additionally, the new legislation requires that a party seeking to present live testimony from nonparty witnesses must “file and serve a witness list with a brief description of the anticipated testimony” prior to the date of the hearing. On request, the court may grant a brief continuance if the list is not served prior to the hearing.

As California family law is constantly changing, it is very important to consult a qualified family law attorney when encountering a divorce or child custody issues. For more information about California family law, please contact our attorneys at Lonich Patton Erlich Policastri for more information. Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

Source:

Cal. Family Law Monthly, Vol. 2010; No. 11.

Official California Legislative Information

Florida Court Orders Chidi Ahanotu to Surrender His Half-Time Championship Ring in Divorce Case

January 21, 2011/in Family Law /by Mitchell Ehrlich

USA Today reports that a Florida divorce court recently ordered Chidi Ahanotu to handover the championship ring he won in 2002 while he was a defensive lineman for the St. Louis Rams. This decision has been viewed as unfair by some members of the public.

The court ordered Ahanotu to surrender the ring in order to pay the $130,000 he owes for his ex-wife’s legal fees. Ahanotu was not quiet about his view on the ruling: “This court system is a farce . . . This court wants a man to hand over his once-in-a-lifetime accomplishment to pay some damn attorney’s fees? I could see if it was going to pay something for my children or my ex-wife.”

It is important to remember that the law relating to divorce and legal procedures vary by state. In California, a trial court has broad discretion in deciding whether or not to award attorneys fees and costs in marital proceedings. The court’s decision will not be overruled on appeal unless there is a showing of an abuse of discretion. This means that the judge’s decision will remain intact on appeal unless it is shown that no judge could have reasonably decided to order (or deny) awarding attorneys fees and costs.

For more information about California’s divorce process, please contact our attorneys at Lonich Patton Erlich Policastri. Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

Source: USA Today

California Court Invalidates Dodger Owner’s Postnuptial Agreement

January 20, 2011/in Family Law /by David Patton

Earlier last month, a California court ruled that the postnuptial agreement entered into by Frank and Jamie McCourt, best known in their roles as owners of the Los Angeles Dodgers baseball team, was invalid. The invalid postnuptial agreement was alleged to have given Frank McCourt sole ownership of the LA Dodgers.

The court held that this agreement was invalid because when the contract was signed, there was not a mutual understanding between the parties regarding the contents of the agreement. The court supported its decision by noting that two conflicting versions of the postnuptial agreement were signed by the spouses, and both Frank McCourt and Jamie McCourt admitted they had not read the agreement.

For those individuals who are not familiar with the term “postnuptial agreement,” it is a contract that is entered into by married spouses during marriage. The agreement typically addresses issues relating to asset protection, debt division, and spousal support.

The fiduciary duty obligations that apply to the execution of a postnuptial agreement do not apply to the execution of a prenuptial agreement. Unlike a prenuptial agreement, which is executed prior to marriage, a postnuptial agreement must be executed within the parameters of the parties’ fiduciary obligations. Specifically, the California Family Law Code explains that spouses entering into postnuptial agreements must act with the “highest good faith and fair dealing” towards each other and must not “take any unfair advantage of the other.” Although the prospective spouses entering into a prenuptial agreement do not owe each other fiduciary obligations, many other requirements must be met in order for a prenuptial agreement to be enforceable.

This ruling serves to highlight the importance of selecting a qualified family law attorney who is experienced in drafting effective postnuptial and prenuptial agreements. For more information about these types of agreements, please contact the Family Law attorneys at Lonich Patton Erlich Policastri. Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

Source: ESPN

Something to Consider Before Marriage: Divorce Insurance & Prenuptial Agreements

January 18, 2011/in Family Law /by David Patton

A divorcee, John Logan, knows all too well that divorces bring out the worst in people. Logan is the founder of “WedLock,” a company providing divorce insurance to couples. He described his own divorce as “world-class ugly.” Most couples do not plan on getting a divorce in the same way as they plan their wedding day. However, divorces are prevalent in today’s world. In addition, a divorce often causes immense financial and emotional strain on the divorcing parties. But the question remains, is divorce insurance the answer?

WedLock provides divorce insurance to individuals for as little as $16 per month for one “unit” of $1,250 in divorce coverage. For greater coverage, you can increase your “units” of coverage at the same rate per month. In addition, as long as you pay your premiums, the company will increase your coverage $250 per year. If you meet the eligibility requirements upon a later divorce, the insurance company pays out the current value of the policy. This money can then be used to help you defray the costs associated with your divorce.

A prenuptial agreement can also provide you with protection in the event of a subsequent dissolution of your marriage. A prenup is a contract between the two prospective spouses. The agreement can cover issues relating to division of assets upon divorce and your marital property rights and financial responsibilities during your upcoming marriage.

For more information on how a well drafted prenuptial agreement can help protect your assets, please contact us. Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

Thanks to http://californiadivorce.blogs.com/. For the original article, please click here.

An Overview of California’s Supervised Visitation Law

January 12, 2011/in Family Law /by Julia Lemon

Supervised visitation is judicial order for a neutral third party to be present when a child is spending time with his/her parent. When making a supervised visitation order, a judge may consider a wide variety of factors and goals. Some of the reasons a judge may order supervised visitation include giving the parent time to deal with specific issues, helping reintroduce a parent to a child after a long absence, introducing the parent to the child when there has been no prior relationship, avoiding potential domestic abuse or neglect, or if there is a threat of abduction.

If you think that supervised visitation may be in your child’s best interest, please contact the well-informed child custody lawyers at Lonich Patton Erlich Policastri for more information. Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

What Happens to Out-of-State Real Property Upon a Divorce in California?

January 11, 2011/in Family Law /by Mitchell Ehrlich

Upon a divorce, it is often a complicated and challenging process to divide real property existing in another state. The correct treatment of an out of state home or piece of land depends on how the property is characterized under California community property law. Generally, most property acquired during marriage is considered community property. At divorce, community property is divided equally between spouses. However, property acquired during marriage while living in a non-community property state is not community property. To find out what happens to this out of state real property, it is best to look at an example.

Let’s assume you and your spouse meet, marry, and reside in non-community property state. While married, you purchase a home with the savings you both earned during your marriage. Now, let’s assume, your spouse gets a job in California and you relocated without selling your home. Years later, you file for divorce. Under California law, this property is not community property as it was not acquired in a community property state. Instead, this property is characterized as “quasi-community property.”

Quasi-community property is property (wherever located) that would have been community property if the spouses had acquired it while domiciled in California. In a California divorce proceeding, quasi-community property will be treated the same as community property. Thus, in the above example, the out of state home would be divided the same way as if it were located in California. If located in California, the home would have been considered community property as it was acquired during marriage with martial earnings. It is important to remember that California community property law is complex, and it is filled with numerous exceptions.

For more information on how your property would be characterized under California law, please contact us. Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.

“He Wants What?!” – The Basics of California Community Property Law

January 6, 2011/in Family Law /by Julia Lemon

Did you just find out that your husband or wife wants ownership of a special piece of personal property or real estate that you acquired before you were married? If so, you should be aware of some basic rules in California family law.

First, California is a community property state. This means that all property acquired by spouses during marriage while living in California is presumed to be community property. However, property that is acquired during marriage by gift, bequest, or devise, or income from property acquired prior to marriage is presumed to be separate property of the receiving spouse. In addition, all property acquired by each spouse prior to marriage is presumptively the property of the owner spouse. Thus, if your spouse is currently twisting your arm to give you possession of a valuable asset you acquired before marriage, your spouse may not have any legal claim to this property.

However, under certain circumstances, your spouse may have a claim in your separate property. For example, if you owned a home before marriage but community funds were used during the marriage to pay down the mortgage, the community may have an interest in the home. In addition, if you purchased real estate or personal property during marriage with your separate property but agreed with your spouse in writing that you were converting this property into community property; your spouse may also have an interest in the asset.

For more information on California community property law, please contact us. Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.