Burke & Domercq, APCBurke & Domercq, APC2024-03-15T12:25:06Zhttps://www.dburkelaw.com/feed/atom/WordPress/wp-content/uploads/sites/1503545/2022/07/cropped-BurkeDomercq-fav-icon-32x32.pngOn Behalf of Burke & Domercq, APChttps://www.dburkelaw.com/?p=506192024-03-13T13:35:05Z2024-03-13T13:35:05ZRespond in a timely manner
The emotional devastation of an unexpected divorce filing can push someone into depression or a brief period of social isolation. Many people require time to process the idea that their marriage could soon end, but the divorce process does not offer much leeway. If the non-filing spouse fails to respond formally in writing through the courts, the spouse who files could request a divorce by default in which they have control over most of the terms.
Learn about California law
Proposing a reasonable property division settlement or child custody arrangement requires that someone first learn about how California typically handles such matters in litigated divorces. From learning about the nuance of child custody matters and the best interests standard that guides judicial decisions about parenting time to making sense of community property statutes, people need to understand what happens during divorce if they aspire to fight for the best possible outcome.
Gather financial records quickly
Divorce provides numerous opportunities for one spouse to trick or manipulate the other. It is there for crucial that someone gain access to financial records as soon as possible and create a comprehensive inventory of marital assets. The more information someone has about their marital financial circumstances, the easier it may be for them to push for a fair outcome to divorce negotiations.
Learning more about the California family law system may help people better prepare for the challenges that may arise after a spouse announces that they want to seek a divorce. Seeking personalized legal guidance is a great way to get started.]]>On Behalf of Burke & Domercq, APChttps://www.dburkelaw.com/?p=506142024-03-08T04:25:04Z2024-03-08T04:25:04ZHigh-conflict divorce can put children in the middle
Researchers say that parents who are having a contentious divorce are at substantial risk of exposing their children to stress. In the study, 46% of children in this situation had a higher chance of showing post-traumatic stress symptoms.
In many instances, the parents are not intentionally putting the children in the middle. Still, there are subtle ways in which it occurs. Parents frequently focus on their needs, leaving the children to wonder about their future with no support system. Using the child to relay messages is problematic. A child who sees or hears the parents arguing could be harmed. Other problems stem from parents making negative comments about each other to the child or with the child nearby.
Seeking advice and comfort from the child can also place them in the center of the dispute, forcing them to take sides. It might expand to finances and being asked probing questions by one parent about the other parent’s behavior while the child custody case is in progress.
Thinking about a child’s needs is key in a child custody case
There are viable ways to shield children from various stressors during their parents’ divorce. Recognizing the behaviors and understanding when they are manifesting with the child is an integral part of addressing these challenges. Parents should put an emphasis on protecting their children and preparing for the future.]]>On Behalf of Burke & Domercq, APChttps://www.dburkelaw.com/?p=506122024-03-08T04:22:40Z2024-03-08T04:22:40ZHow to qualify for a spousal benefit
To qualify for benefits based on your former spouse's work record, you must be aged 62 or older. Furthermore, you must have been married to them for at least 10 consecutive years to qualify. Finally, you will only qualify if the former spouse's benefit is higher than yours. Even then, you will only receive half of what your former spouse is set to receive in retirement.
Other variables to keep in mind
Your former spouse must also be 62 or older when you seek benefits based on his or her work record. In addition, you must be at least two years removed from your divorce before you request benefits unless your former spouse is already obtaining benefits. This is true whether you're involved in a high-asset divorce or not, but you do not have to wait for your spouse to file if two years has already passed. If you remarry, you will no longer be entitled to payment based on your first spouse's work record. However, eventually, it may be possible to receive benefits based on your current spouse's work history.
In a divorce, you may be entitled to a variety of benefits that can make it easier to live as a single person. For instance, you may receive a portion of your spouse's 401(k) or funds in a joint bank account as part of a settlement.]]>On Behalf of Burke & Domercq, APChttps://www.dburkelaw.com/?p=506052024-02-26T03:38:50Z2024-02-26T03:38:50ZGather evidence about art purchase dates
California is a community property state, meaning that married adults have equal ownership rights over assets acquired during a marriage. That said, this rule generally doesn't apply to assets someone purchased before a marriage. That's why, whether you're dealing with property division or dividing an art collection, purchase dates are crucial. Look for receipts, invoices or other documentation proving you purchased art before a marriage to protect it from being up for division. Bear in mind, however, that any appreciation in value that occurred during the marriage would likely be deemed community property.
Understand your most beloved pieces
Nearly every collector has a few items in their collection they love more than others. These valued pieces might be the ones of the highest worth or simply art you enjoy owning. If you and your spouse acquired lots of art while married, it could be impossible to walk away from a divorce with an entire art collection. However, you might be able to keep the art you love most by working with your estranged spouse, ensure they have their fair share of artwork.
Get your collection appraised
Sometimes, the perceived and actual values of items differ. You can help ensure you're not leaving money on the table by having a professional appraise the more valuable pieces in your art collection. This appraisal process may also uncover pieces worth more than you thought.
The divorce process is rarely easy, and achieving a favorable outcome with your former spouse may prove challenging. But this challenging situation is worthwhile when you come away from it with your favorite art.]]>On Behalf of Burke & Domercq, APChttps://www.dburkelaw.com/?p=506032024-02-22T17:23:15Z2024-02-22T17:23:15ZBenefits of a prenup
Discussing, drafting and signing a prenup allows couples to know and trust each other about their finances and life goals. It forces both parties to be honest from the beginning, potentially saving them grief that can come from later surprises. Because many spouses going into a second or subsequent marriage are often more financially settled, they might be facing a high-asset divorce. A prenup could help them avoid a lengthy fight over properties they each feel should have been protected.
Topics to discuss when drafting a prenup
There are a variety of topics that might be important to discuss when couples going into a second marriage draft a prenup. These topics include:
Each person’s estate plan, will, trusts and beneficiaries, especially if one or both parties have children from the previous marriage
Protecting businesses or other property that each spouse brings to the marriage
How child support payments to a previous spouse will be addressed
How alimony payments or the end of these will be dealt with
Conversations about prenups can be difficult. However, when one or both spouses have already gone through the process of divorce, they are aware of the many issues and conflicts that can come up. The discussions around a prenup can help the couple develop open, healthy communication between them. Both parties can then start their marriage on the same page regarding the beliefs and expectations about financial and other important decisions.]]>On Behalf of Burke & Domercq, APChttps://www.dburkelaw.com/?p=506012024-02-22T05:48:38Z2024-02-22T05:48:38ZGiving up
Many people may know of relationships in which the end came as a big surprise to one of the two people in it. The person might report that they were not fighting any longer and that they assumed their conflicts had been smoothed over. In fact, this can be one of the signs of "quiet quitting" in a marriage. The other person might have concluded that it was futile to try to resolve problems any longer and may have moved on to thinking about how to proceed to divorce.
Distance
On the other hand, some people may start to think something is wrong when they feel a sense of distance from their spouse. The other person may have begun to avoid even casual physical contact. This can be another sign that the person is withdrawing. A "quiet quitter" may also begin to do more things on their own, without including their spouse. They may be already thinking about what single life would be like.
Prevention
There are steps individuals can take to prevent this happening in their own marriage or to reverse a trend in this direction. It can be easy to take one another for granted, and it is important to show respect and appreciation for the other person. It is also possible that one or both people have unrealistic expectations about what the relationship can provide. Keeping the lines of communication open can help prevent these issues from arising.
Whether or not this kind of "quiet quitting" appears to be an issue, couples who feel that they have reached an impasse might want to consider counseling. Even if they decide they do not want to continue the marriage, counseling can help them untangle their affairs more cooperatively.]]>On Behalf of Burke & Domercq, APChttps://www.dburkelaw.com/?p=505992024-02-11T16:28:33Z2024-02-11T16:28:33ZCalifornia is a no-fault divorce state
No-fault divorce proceedings help ensure that even those without evidence of misconduct can end an unhealthy or dysfunctional marriage. Unfortunately, no-fault divorce statutes typically prohibit the courts from giving much consideration to misconduct during property division proceedings. Although one spouse may blame the other for the divorce because of their infidelity, the courts typically do not consider marital misconduct when deciding what should happen with the property of the spouses.
The courts don't punish someone for cheating by allocating less of the marital estate to them in a divorce unless they signed a prenuptial contract imposing specific financial penalties for infidelity. Thankfully, the courts can occasionally hold someone accountable for financial misconduct that occurs as part of an extramarital affair.
Someone cheating on their spouse may rent motel or hotel rooms. They might even pay rent on an apartment for their affair partner. Adulterous relationships often involve travel, expensive gifts and meals at restaurants. Someone may have spent marital income while conducting their affair or may have accrued debt that they try to include in the marital estate during the divorce.
One spouse could potentially claim that money spent on the affair constitutes dissipated marital resources. The courts can consider the wasteful misuse or dissipation of marital property and the accumulation of inappropriate debt when dividing assets and financial obligations. The spouse who cheated might be solely responsible for the credit card bills that they accrued because of the affair. They might also lose some marital property in consideration of any marital income that they spent conducting their affair.
Those hoping to demand economic justice after discovering a spouse's infidelity often need to go back over financial records from the marriage quite carefully. Gathering evidence of the dissipation of marital assets is one of the ways to hold an unfaithful spouse accountable for the consequences of their decisions.]]>On Behalf of Burke & Domercq, APChttps://www.dburkelaw.com/?p=505982024-02-15T19:55:28Z2024-02-08T20:13:44ZWhat happens during the interview?
The judge usually interviews the child in private in their chambers with the court reporter and the child’s guardian ad litem. The interview is also often done on camera. Most judges interview children once they have had time to live with each parent separately so that the judge can form a more informed opinion about their life with the parents. To achieve this goal, the judge will ask questions related to:
Who the child is, such as their interests and concerns
How the divorce has affected the child
What each parent is like and the relationship the child has with each parent
How the children spend their time with each parent
What does the judge learn from the interview?
Ideally, after an interview with the child, the judge should have a clearer picture of how each parent relates to the child, such as the way they nurture and support the child. The judge should also be able to notice unhealthy patterns, such as one that shows that the child is the one nurturing the parent instead.
The interview should help the judge reach a final verdict on the child custody case. For instance, the interview should reveal which parent is the one who is more truly attuned to the children’s needs and offers a nurturing environment.
The interview with the child can have a significant impact on the judge’s decision on whether to award shared custody or primary custody and visitation. This interview should show the judge how each person parents once they are alone with their child.]]>On Behalf of Burke & Domercq, APChttps://www.dburkelaw.com/?p=505952024-02-05T20:44:03Z2024-01-29T07:08:17Zdivorce involving high asset levels. Severing your union will be complex, time-consuming, and will likely have serious consequences for your family, finances and personal life. This means it's a decision you ought to consider extremely carefully.
Deciding whether a marriage can be saved
The fundamental question you should ask yourself is whether your marriage is worthwhile despite going through a rough patch, or if there are issues that can't be reconciled. Answering that question isn't always easy.
Several factors will nearly always point toward divorce, such as infidelity, serious addiction issues or abuse, whether mental or physical. In those situations, a partnership is quite possibly fractured beyond the hope of redemption.
Absent those problems, you may still feel like divorce is the right choice. Issues like diverging life goals, a lack of emotional connection, sexual dissatisfaction and many others can be fatal to a marriage. But in those situations, it's wise to take extra time to evaluate whether that marriage can be rescued.
Options for salvaging a marriage
One of the most common possible solutions to a struggling marriage is marriage counseling. Licensed marriage counselors offer a range of services that can aid in attempting to get a marriage back on track. A marriage counselor can work both solo with just yourself or as a couple.
But you may not need to resort to a marriage counselor. Sometimes, effective communication with your partner can turn the tide. By making your spouse aware of some of your issues in a non-judgmental way, you may be able to find common ground and rekindle your marriage.
Sometimes, though, a marriage may not work for one or both parties in a way that isn't fixable. Before coming to that conclusion, you're better off taking plenty of time to weigh all the pros and cons and make an informed decision.]]>On Behalf of Burke & Domercq, APChttps://www.dburkelaw.com/?p=505932024-01-23T05:09:08Z2024-01-23T05:09:08ZFactors that influence child support decisions
How much time each parent physically spends with their child affects child custody and child support decisions. Each parent's income also makes a difference in what a court will rule. The court will have you fill out an Income and Expense Declaration form to calculate how much in child support you may have to pay.
California only looks at your net disposable income, which is your income after taxes, health premiums, children from a current relationship, mandatory retirement contributions and mandatory union dues. All income is subject to child support decisions, including unemployment benefits, disability benefits and interest earned on investments.
How long a child support order lasts
Although the amount of child support you need to pay may change if your income or health drastically changes, child support orders typically last until your child is 18 years old and a high school graduate. Child support remains in effect as long as your child attends high school even if they can only attend part-time because of a health condition. If your child marries someone before they are 18 and graduate high school, then your child support order ends.
Disabled children, however, may need continued child support after they are legally adults. The law holds both parents responsible for taking care of their child's needs.
Two of the biggest factors influencing California's child support decisions are parenting time and net disposable income. If one parent spends significantly less physical time with their child, then it's more likely that the court will issue a child support order.]]>