divorce Archives - Page 10 of 11 - Lonich Patton Ehrlich Policastri

Is a Legal Separation the Best Option for You?

February 16, 2011/in Family Law /by Julia Lemon

If you do not want to proceed with a divorce but are interested in separating from your spouse, a legal separation might be an appropriate remedy. A legal separation may be appropriate for couples who have religious or other personal reasons for not wanting to proceed with a divorce. For example, some couples may not want to proceed with a divorce at the present time because a divorce may make them ineligible for medical insurance.

A legal separation is not a legal end to your marriage. In fact, if you are legally separated and decide to remarry, you must first obtain a judgment of dissolution for your first marriage. However, a legal separation does allow you to live apart from your spouse while making separate financial, parenting, and property decisions.

To find out more about legal separations, 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.

Is a Divorce Right for You?

February 15, 2011/in Family Law /by David Patton

If you are currently living in northern California and are contemplating ending your marriage through a divorce, here is some basic information on what a divorce entails. A “divorce,” or “dissolution of marriage,” legally terminates your marriage or domestic partnership. After you are legally divorced, you are considered “single” and are free to remarry or enter into a new domestic partnership. However, a divorce is not right for every couple.

If you want to end your financial and personal life with your partner, but do not want a legal divorce, there are other alternatives for you. Some people may choose to pursue a “legal separation” instead. This is often done for religious reasons. A legal separation does not end a marriage or domestic partnership. Rather, it allows you to live apart and make independent decisions on finances, property, and child care issues.

Another alternative to a divorce is an annulment. However, this option is very rare. An annulment occurs when a court finds that your marriage or domestic partnership was never valid in the first place. Marriages may be void because the marriage was incestuous, bigamous, fraudulent, or one of the spouses lacked capacity to enter into the marriage.

For more information about divorce, legal separation, and annulment, 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.

Steer Clear of Potential Spousal Support Tax Pitfalls

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

Generally speaking, spousal support is taxable to the recipient and is deductible by the payor. For example, if you are paying spousal support to your ex-wife the money she receives would be taxable to her as income. Likewise, generally you would be able to deduct it on your tax return. However, you may not be aware that there are several exceptions to this rule. In fact, it is necessary that you closely observe the spousal support formalities in order to take advantage of deducting payments to your ex-spouse.

In order for spousal support payments to be deductible, they must be made in cash. However, in this context, “cash” is not only currency. It can also include check or money orders payable on demand. The payment itself must be received on or on behalf of the supported spouse, and the spouse must be entitled to this payment under a divorce or separation instrument. As an illustration, if you and your ex-spouse privately decide you will pay her a certain amount per month, you cannot deduct this amount from your taxes as the payment was not made pursuant to a divorce/separation instrument. On the other hand, if your Marital Settlement Agreement states that you must pay your ex-wife, you can likely deduct the payments on your taxes.

In addition, the payment obligation must be limited by the recipient spouse’s death. For example, assuming that your settlement agreement requires you to make payments beyond your ex-spouse’s death, none of these payments are deductible support.

These are just some of the several requirements for deductible spousal support. For more information about making sure you are following the proper tax rules in relation to your spousal support payments, please contact the San Jose divorce 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.

Key Tips for Amicable Co-Parenting With Your Ex-Spouse

February 10, 2011/in Family Law /by David Patton

Divorces can be very stressful times when soon-to-be-ex spouses are harboring resentment and anger towards one another. At the end of a divorce, the question remains, how do resentful ex-spouses work together to raise children? An article published by CBS earlier this year discusses the answer to this question by providing various tips for helping divorced parents effectively and cordially co-parent their children.

The first tip is simply to be respectful. As divorced couples share time with their children, it is very important to treat the other spouse with respect and model positive conflict resolution for your children to observe. Tearing your ex-partner down will only cause conflict and can cause your child to start harboring resentment.

The second tip involves keeping the kids out of the conflict. Remember, they did not ask to be put in this situation so you should not make them choose sides. In addition, don’t put your child in the position of being a messenger. This is confusing for the child and can affect their feelings toward either parent.

The last tip focuses on maintaining good communication. It is important to commit to sharing information with your Ex-spouse about your children and checking in on what is going on in their lives when they are not in your home. Also, it is good to communicate so that you maintain consistency in both homes in order to make your children’s transition much easier. For the full article please visit CBS.

For more information about California divorces, 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.

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

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.

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.

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.

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