Monday, August 10, 2015

Smart Ways to Protect Yourself Before Starting a Divorce

In most situations, a divorce is a big deal. The effects of the divorce can affect individuals for years to come. In some instances, the effects can last a lifetime. For this reason, if you are considering a divorce, you should always take steps to protect yourself from whatever might come.

Small steps can make a huge difference in a divorce. This may include setting up your own bank account that your spouse does not have access to. However, make sure the account is not funded by community assets or you may be forced to reimburse the community later on.

Additionally, you should take a detailed look at all of your financial statements for each and every account you hold individually and jointly with your spouse. This should include fluid accounts as well as debts. Also, evaluate how your spouse will react to the divorce. If he or she decides to splurge and buy everything in sight, you may be stuck with half the bill. Removing your name from any joint credit card accounts or other lines of credit can eliminate this risk.

Keeping meticulous records is one of the best safety nets during a divorce. Gather all records for all accounts – joint or individual - and make copies. The court will require this information, but it will give you and your attorney an easier way to determine your financial need and what you can reasonable ask for during the divorce.

Another great way to protect yourself is to hire a team of professionals with only your interests in mind. This includes a great divorce attorney and a certified public accountant. These people should be able to advise you of the financial ramifications of divorce and how to minimize your individual losses.  Get support from others in your life as well, as a divorce may be long and drawn out, depending on your individual situation.

Take the time to keep a detailed journal of your entire divorce experience. Log any and all important events that occur, especially instances of physical abuse and interactions with the kids. When writing about how your spouse interacts with the kids, write about how it affects them, because this is all the court will be interested in hearing. Instead of saying your husband is terrible because he was an hour late picking up the kids, include how the kids reacted and how they were affected. It will be much more effective.

Preparing for a divorce can take a long time and more advanced tactics in some situations. Visit this website to learn more about the subject from a divorce lawyer in San Diego.

The Importance of a Good Attorney

Divorce can be a difficult process, but hiring the right attorney can make the process so much easier. A good attorney, like the one in this picture, will fight for your rights so that you are protected... read more

5 Tips for Dividing Property in a Divorce

Dividing property during a divorce can be one of the most difficult parts of legally ending a marriage. You may be emotionally tied to your home, car, collectables, and other items, but your spouse may be equally invested as well. Consider the following five tips that future divorcees can use to help the process be as amicable as possible:

1. List All Belongings
Take the time to get together and list every single piece of property that you own jointly. This includes everything that you have purchased during the marriage. The list will help you value and divide things more easily.

2. Flip a Coin
Flipping a coin may sound scary, but it can be an effective method. The winner of the toss makes up two lists dividing all property. Then the other person decides which list they want to take and the list maker receives all the property on the other list.

3. Sell All Joint Property
This may not work for everyone, but holding a garage or yard sale and splitting the proceeds can be effective at reducing issues in this process.

4. Coin Flip for Value
Divorcees can also flip coins to decide who determines the value of specific items. Then the other spouse decides whether they want to claim the property as their own.

5. Bid
Houses, cars and businesses can be settled by bidding on items. Each party puts their bid in a sealed envelope. The person who bids most wins the item, and equalization payments are made on the amount.

These situations can be complicated and difficult to maneuver without an advocate fighting on your behalf. Visit this website to learn more about the subject from a property division attorney in San Diego.

The Hardship of Divorce

Hurt feelings and emotional pain are common in the divorce process. If the situation has gotten out of control like with the couple pictured here, then it may be time to talk to an attorney who can assist you... read more

Sunday, August 9, 2015

Congratulations to Michael C. Peterson, Who Is Now a Certified Family Law Specialist!

I am verrrry pleased to announce that we received notice today that our associate attorney, and soon to be partner in the Arnold Law Firm, Michael C… read more

Understanding the Rights of Grandparents

It is important to understand the California law if you want visitation with your grandchildren. A grandparent is allowed to ask the court for reasonable visitation with a grandchild. In order to give the grandparent reasonable visitation with the grandchild, the court has to determine two things.

1. Pre-Existing Relationship
The court must find that there was a pre-existing relationship between the grandchild and grandparent and that that relationship created a bond. The bond must be so strong that the court deems visitation to be in the very best interest of the grandchild.

2. Balance Between Grandparent and Parent
The court must balance the best interest of the child regarding visitation with the grandparent with the parental rights concerning making decisions about their child.

The grandparents are not allowed to file for visitation rights if the parents of the child are married. However, there are exceptions.

3. Exceptions that Allow Grandparents Visitation Filing Rights
The parents live separately.
The whereabouts of the parents are unknown.
One parent joins with the grandparent’s petition.
The child is not living with either of his parents.
A stepparent has adopted the child.

If a grandparent does have visitation through the courts and circumstances change making none of these exceptions apply, the parents can request the court to terminate the grandparent’s visitation. The court will then end the visitation rights of the grandparents. If you find yourself in this difficult circumstance, it would be advisable to find a good grandparents rights attorney in San Diego.

Resolving Disputes With an Ex-Spouse

This couple is receiving divorce mediation in order to solve an issue in their divorce. Talk with your ex-spouse to see if receiving mediation could benefit both of you through this arduous process... read more

How Does the Court Decide Child Custody in California?

Child custody cases can be long and drawn out affairs with both parents passionately fighting for their children. However, it is the court’s decision to determine what happens with a child, so they will do all they can to gain facts and evidence to make the best choice possible.

Child Comes First
The first rule of law when it comes to child custody cases is that the court is required to make a determination on what is in the child’s best interest. This may be difficult for many parents to accept, especially if their relationship has deteriorated. In California, it is always considered to be in the child’s best interest for them to receive as much time as possible with both parents. This usually results in an equal timeshare, or 50/50 physical custody with both parents having equal legal custody. This means that parents are both legally allowed to determine what happens to their children but they may only have them half of the time. Child custody schedules can be worked out to fit individual situations.

Unfit Parent
In some cases, the court may determine that a parent is not fit to have custody of their child. This may happen if they work in an unsafe profession, have substance abuse issues or if they are mentally or physically abusive. If this is known by the court, they may completely eliminate custody and only allow visitation with court ordered supervision.

Child custody cases are all very involved and individually decided. You can learn more on the subject from a child custody lawyer in San Diego by visiting this website.

Monday, July 27, 2015

New Beginnings

Choosing the right path to a new life could involve leaving your old life behind by means of a divorce. When the signs that you need a change become apparent, a mediator can get you going in the right direction... read more

6 Reasons the Court May Allow Child Support Modifications

Whether you’re the parent who pays or receives child support, you may be dissatisfied with the amount. The good news is it can be recalculated for these reasons:

1.Employment Loss
When you lose your job, your child support payment decreases significantly. Take legal action right away because the new amount only applies to future payments, not previous ones. If you’re the parent who receives the money, petition for more immediately.

2. Decreased Income
If your income decreases, you may file for a lowered payment if you are the payer and a higher one if you are the recipient. Again, it is important to take immediate action since payments are not retroactive.

3. Increased Income
If your income rises, expect your ex to file for a higher payment. If you receive child support and your income rises, your ex may file for lower payments or ask that you start paying instead.

4. Increased Custody
As your time with the children increases, so does your need for financial assistance. This qualification also pertains if you’re the supporting parent. The court may reduce your amount or have your ex start supporting you.

5. Number of Children
If you’re the payer and have other children with someone else, it may lower your payments. Also, when the oldest child turns 18, support for that child stops and the rate for any remaining children is recalculated.

6. Time
Over time, inflation will necessitate greater financial aid. Also, as children grow older, it costs more to care for them.

Modifying child support can be tricky, so it’s best to consult an experienced attorney for child support modifications in Irvine,visit here.

Kids and Divorce

Learn how to help your kids cope with the changes divorce will bring to their lives physically in terms of living arrangements, visitations and custody and emotionally by letting they know that it’s not their fault... read more

Do You Need Legal Representation for Your Divorce?

It can be difficult to know whether you need legal representation for your divorce. In some cases, such as in uncontested divorces and summary dissolutions, lawyers aren’t needed because these types of divorces are considered amicable. In other situations, a mediator may be all that’s necessary to satisfy the desires of both parties. However, there are some situations where hiring a lawyer is in your best interest.

Whether the divorce is amicable or not, if your spouse has hired an attorney, it is in your best interest to have one as well. This is especially important if there are child custody issues or complex financial considerations involved. Both parties should be equally represented to protect each person’s best interests. If one spouse has a legal representation, then the other spouse should have it, too.

Legal representation is a must in situations where abuse is an issue. Whether it’s physical, emotional,sexual or substance abuse and regardless of whether it is happening to you or your children, your first priority is to get to a safe place. A lawyer can advise you on such issues as temporary restraining orders and how to keep yourself and your children safe during and after the divorce proceedings. 

While it is possible, and perfectly legal, to acquire a divorce without legal representation, the benefits of having an attorney should be carefully considered. The biggest benefit of consulting a divorce lawyer is that they know the laws. Divorce laws differ from state to state and can be extremely complex. Family and divorce attorneys know these laws and how the legal system works in their state. 

Having legal representation can also reduce the stress of going through a divorce. Attorneys can offer an unbiased perspective because they are not emotionally invested in the situation. This objectivity will assist you in making decisions that are in your best interests and will help you avoid making costly mistakes that could negatively affect your future. 

 Divorce involves many complicated issues such as child custody, child support, spousal support and property division, and the laws can change without the average person ever knowing. Family lawyers are well-schooled in the current laws and procedures for obtaining a divorce. They understand how and when to file petitions and motions with the court, and they have a relationship with the legal community that includes other lawyers and judges. This knowledge and experience is put to use every day to ensure that your best interests are met. Visit this website to learn more about a divorce lawyer in Newport Beach.

Federal judge tells state to put same-sex spouses on birth certificate

Saying that there is no good argument for doing otherwise, a federal judge in Utah has ordered state officials to list both members of a married same-sex couple on the birth certificate for their child... read more

Happy Children in the Face of Divorce

Putting aside whatever difficulties exist between you and your spouse in the presence of your children and helping them cope with divorce will ensure the stay smiling and happy throughout the marriage dissolution process... read more

What Is a No-Fault State and How Does It Affect Your Divorce?

When it comes time to dissolve your marriage, each state has acceptable reasons for you to choose as the justification for your divorce. One of these is options is “no-fault”for those who do not meetother criteria yet still want to terminate the legal relationship.

What Is a No-Fault State?
A no-fault state is one in which you can file for divorce from your spouse without having to prove that he or she is at fault for it, such as through adultery or abuse. You simply explain that you have irreconcilable differences or an irretrievable breakdown of marriage, meaning you and your spouse do not get along and the relationship cannot be repaired.

How Does It Affect Your Divorce?
All states allow no-fault divorces, and severaleven offer it as the only reason for divorce. However, some states require you to get legally separated for a specified time first, from as little as six months to as many as a few years. That stipulation will affect how you proceed with the marital dissolution and how long the process will take.Also, the no-fault choice can help eliminate some animosity as there is no obligation to put blame on your spouse and defend your position with evidence. It can be a more civil way to end your marriage.

Should You File for a No-Fault Divorce?
If you are unsure whether or not to file for a no-fault divorce and what the laws are concerning it in your state, visit this website of a divorce lawyer in Newport Beach.

Judge annuls wealthy US lawmaker's marriage: Does that also erase assets to divide in divorce?

A Florida judge on Tuesday annulled a wealthy federal lawmaker’s longtime marriage, finding it to be invalid because his wife was already married when they wed... read more

Things Considered During Child Custody Battles in California

One of the ugliest parts of divorce is the child custody battle. It’s a difficult and sensitive field to learn how to maneuver, even with legal representation. Parents should become familiar with the things that are considered during California child custody battles so they can be prepared.

Parental Behavior
A big factor is how parents behave during the custody case. It is unwise for parents to lie about anything, as it can harm their entire credibility, or talk negatively about each other in front of the children. Judges look for signs of brainwashing, also called parental alienation. They also review each parent’s history for abuse, drug use, and other criminal activity. Additional important influences are cooperation and communication.

Child Welfare
Judges have the children’s best interests at heart. They have no personal investment in the final arrangement, so their decisions really are about giving the children the best situation possible, whether the parents like it or not. They consider the children’s health, safety, education, and ages.

Parent-Child Relationship
When it comes to family time spent together, quality trumps quantity. Judges strongly regard the emotional bond each parent has with the children, while also factoring in circumstances like work and the children’s personalities. Older children may be given the opportunity to express parental preference, though it is not a guarantee they will only get to live with the desired parent.

Parents should do all they can to make their child custody case as civil as possible not just for their own sakes, but especially for the sake of their children. To get more information on a move away attorney in Irvine for easy child relocation, visit this website.

Face Off

Going head to head with a Narcissist in family court is a dangerous proposition and should only be done with professional legal representation to protect your best interests... read more