Los Angeles Divorce Lawyer Blog

A recent case decided by the California Court of Appeals illustrates the importance of having an experienced Los Angeles divorce lawyer handle claims for alimony.

Having alimony modified after a divorce can be difficult. Under California law, alimony can generally be ordered for up to half the length of marriage in marriages lasting less than 10 years, while it may be ordered for an indefinite period of time in long-term marriages.

In this case, the couple divorced in 2003 after 40 years of marriage. The husband retained ownership of a convenience store and was ordered to pay the wife $1,350 a month in alimony. She ultimately moved to Ohio and he requested termination of support on numerous grounds, including the cost of living difference between San Diego and Ohio; a claim that she had worked during the marriage and was now self-supporting; that he had half the amount of investments claimed by the wife; that the court refused to consider his retirement as a change in circumstance; and that the amount of alimony was 72 percent of the husband's income. The wife received half the income from the sale of the store.

The court considered actual income and living expenses, without regard to cost of living, and found that the wife was at retirement age as well. It found that the husband's retirement was no grounds for the termination of alimony. The husband was ordered to continue paying alimony and to pay his ex-wife an additional $5,000 in attorney's fees.

Plans for this couple's retirement could have been made as part of the initial divorce. Alimony is an area of law that pretty much permits one party to a marriage to claim whatever the market will bear. Consulting an experienced Los Angeles divorce lawyer is the best approach to protecting your legal rights and your long-term financial well-being.

Continue reading "Alimony can have long-term impact on quality-of-life for couples seeking Los Angeles divorce" »

Until death do us part? No... really.

A Sacramento father of two -- who voted against the Proposition 8 initiative that banned same-sex marriage -- apparently decided that the way to protect marriage was not to stop gays from marrying, but rather to stop straight couples from divorcing.

That's right. Outlaw divorce. Our Los Angeles divorce lawyers think this is a very bad idea, naturally. But it will be interesting to see what kind of a reception it gets if it makes it on the ballot. Consider it a blind-poll of the health of marriage in California. How many are so confident in the strength of their marriage that they are willing to outlaw divorce?

The San Jose Mercury News reports the 2012 California Marriage Protection Act cleared a major hurdle last week when the secretary of state's office permitted the gathering of signatures to begin. To make it on the ballot, about 700,000 signatures will need to be collected by the spring of that year.

The initiative would still permit religious annulments, but would ban divorce.

Whether John Marcotte and his initiative are serious remains to be seen. But it is collecting serious publicity. He's been on TV news, written up in newspapers and has 26,000 fans on Facebook. And his website, www.rescuemarriage.org, has seen an increasing amount of traffic since the news hit the blogosphere.

And now he has officially hit the big time with this write-up on Los Angeles Divorce Lawyer Blog. You're welcome!

Even the president of the California Family Coalition has called the initiative impractical. But Marcotte is undeterred, noting that he is getting substantial support from the gay and lesbian community.

Perhaps they have decided if they can't get married, you can't get divorced.

Continue reading "Los Angeles divorce lawyers not too concerned about ballot initiative that would forbid divorce" »

A Southern California woman is facing the loss of a little girl she is attempting to adopt, after her biological father sued for custody in an Ohio courtroom, the Associated Press reported.

Our hearts go out to this woman, who is dealing with two of the most emotionally difficult issues a parent can face: A contested adoption and away custody. Our Los Angeles adoption attorneys assist families navigating the adoption process. Proper planning and the assistance of an experienced lawyer can help ensure your rights are protected and that custody claims don't return to haunt your new family in the years to come. Away custody cases -- in which a parent attempts to move to another town, state, or even country -- frequently force a drastic reduction in a visiting parent's ability to be involved in a child's life. These cases can involve lost jobs, stalking allegations, protection orders, parental kidnapping, and financial ruin. Seeking the representation of an experienced child custody attorney in Los Angeles is critical at the earliest possible stage of such cases.

While both can be complex and contentious matters, the role of an experienced family law attorney is to ensure your rights are protected so that such emotional cases don't spiral out of control.

In this case, the 45-year-old public relations consultant from Rancho Santa Margarita, is raising a 2-year-old girl named Vanessa that she has been attempting to adopt for the past 18 months. A teleconference between judges and attorneys in Orange County, California and Montgomery County, Ohio (near Cincinnati), has determined that Ohio has jurisdiction in the case. If an appeal fails, the girl will be taken to Ohio this month and placed in foster care.

A hearing scheduled for July 29 will determine whether the girl can then be placed with her paternal grandmother. The problems began when the infant's mother surrendered custody to an adoption agency in 2008; she asserted the child was the result of a one-night stand and that the father was out of the picture. The birth father filed a motion seeking custody of the child before the adoption was complete.

Continue reading "Adoption and away custody cases always require the experienced of a Los Angeles Family Law attorney" »

An L.A. Superior Court judge could force the sale of the Dodgers baseball team if the owners don't reach an agreement in their Los Angeles divorce case.

Frank and Jamie McCourt have each hired a roster of lawyers to battle over ownership of the team, which Forbes Magazine values at $727 million.

But with both claiming to be low on cash, and the bills piling up, a judge threatened to put the team on the auction block, the L.A. Times reported. "The parties are unintentionally pushing the court toward an interesting position -- selling the asset which is being fought over," he warned at a court hearing.

Cases in which a couple own one significant asset, typically a family business, can be among the most challenging and contentious that a Los Angeles divorce lawyer is called to handle. Hiring an experienced attorney is critical, both to protecting the rights of a spouse, and to protect the strength and well-being of the business. We understand that many livelihoods are often tied to a family business -- not just those of the spouses -- and that special care needs to be taken to prevent a business liquidation. Conversely, it may be in the best interest of a client to argue for a business sale. In some cases, it can be the best way to ensure a fair settlement, and in other cases it can convince a spouse to become reasonable during settlement negotiations.

While the Dodgers might be worth $700 million, Frank McCourt has borrowed about $390 million against the team, ESPN reported.

The articles note there are other assets available for sale, including estates and vacation homes.

The McCourts purchased the Dodgers from News Corp. in 2004 and the team has made the playoffs the last two seasons. Frank McCourt should be prevented from borrowing additional money against the team while the divorce is pending. But, from Jamie McCourt's perspective, settling the case during the team's rising fortunes would seem to be in her best interest.

In some cases, the value of an asset or family business may rise or fall substantially during divorce proceedings. Usually, it falls. In some cases, an economic downturn or struggling real estate market is responsible. In other cases, a spouse may intentionally force a reduction in business revenue or personal income in an effort to reduce the amount of a settlement or court-ordered support or alimony payments.

Each case is unique. But the presence of a family business presents additional challenges that should always be handled by an experienced and qualified Los Anglees divorce attorney.

Continue reading "Dodgers owners illustrate unique challenges of Los Angeles divorce cases involving family businesses" »

Los Angeles divorce lawyers continue to be amazed by what clients -- or, more beneficial to us, the spouses of clients -- post online.

Facebook is not a private diary. It is not the place to brag about your sexual exploits while the kids are at home with a babysitter. It's not for posting those racy summer pool party photos. And it's not for explaining to friends how you are going to get one over on your soon-to-be ex-spouse.

Frequently -- VERY frequently -- friends of a couple will report to the other spouse on what one spouse is doing via Facebook or other social media sites. This is public information. As a general rule, it is a real good idea not to publish anything on such sites that you wouldn't be comfortable explaining on a witness stand or to a judge.

Spouses continue to be amazed that their "Facebook Friends" don't keep this information in confidence.

Southern California Public Radio reports that divorce lawyers are increasingly using such information. As they should be. If a person going through a divorce, custody battle or other Family Law matter in Los Angeles, posts incriminating statements for the world to see, it speaks to their lack of judgment if nothing else.

While California is a no-fault divorce state, the devil is always in the details. Posting pictures of the whirlwind vacation while arguing for lower child support or more alimony can hurt your case. And, even in situations where incriminating evidence might never make it into a courtroom, it can be used by a soon-to-be-former spouse to negotiate more favorable terms.

Unfortunately, a party to a divorce may go out of his or her way to show that life is great and he or she is moving on. Instead, they have done little more than leave an online trail that smacks of irresponsibility and a care-free lifestyle that is the last thing they want to portray in the middle of a custody battle.

When in doubt, don't post. In fact, don't post. There will be plenty of time for social networking when your divorce and custody case is finalized and you can begin your new life in earnest.

Continue reading "Los Angeles divorce lawyers warn against posting to social networking sites" »

The age at which a couple marries and issues involving the children are more frequent causes of divorce than arguments about money, stress at work or sex, Forbes Magazine reported.

Those who marry as teenagers are among the most at risk for divorce, according to the study. The recent high-profile announcement of Al and Tipper Gore is one example -- the couple were high-school sweethearts and announced their split after 40 years of marriage. Forbes reports that a woman who marries before turning 18 has a 48 percent likelihood of divorcing, nearly twice the rate of a woman who weds at 25 or older.

Those who marry young or have been married a long time (or both), can also be less aware of the many challenges both spouses face in a divorce --from financial considerations, to debt, to child support and custody arrangements. Consulting an experienced Los Angeles divorce lawyer in the earliest stages of a contemplated divorce is the best course of action for protecting your financial and emotional well-being.

Issues involving children, particularly the number of children one spouse wants, is also a primary trigger for divorce, according to the study. A woman who wants children more than a spouse is twice as likely to divorce as a woman whose spouse agrees on the ideal number of children. Couples with two daughters are also more likely to get divorced than those with two sons, 43.1 percent to 36.9 percent. Couples dealing with children who exhibit problem behavior are also more likely to get divorced. Those whose children have been diagnosed with ADHD are 23 percent more likely to divorce before a child turns 8.

These studies are interesting, and sometimes even informative, but we question their validity. A marriage is dynamic and many, many factors go into a partner's decision to seek a divorce. However, the longer a marriage and the more children involved, the more complex a divorce and the more important it is to seek experienced legal advice to assist you and your family with ensuring a secure and enjoyable future.

Continue reading "Young couples, those with issues involving children, may be at increased risk of Los Angeles divorce " »

Our Los Angeles divorce lawyers were interested to note a recent report that found divorce might be contagious.

Researchers from the University of California and Harvard University followed 5,000 people over 30 years, beginning in the 1970s and found that a couple divorcing can impact the divorce rate within a social network and ripple outward, through friends of friends and into other social networks.

The study found that people with a divorced friend were 147 percent more likely to get divorced than people whose friends remained married.

Though we think it likely that someone with a very close friend who is divorcing may be influenced if he or she is in an unhappy marriage, we have questions: Beginning with, who doesn't have a divorced friend? And we think it is highly debatable that a divorcing couple could have a broad impact on the marriage of outlying friends.

What is not debatable is that more than half of marriages end in divorce and few people don't know someone who has gone through the process.

This research suggests that people begin to more seriously contemplate divorce when they see friends, family or even co-workers going through a divorce. And we think that is valid as far as it goes -- particularly given the assumption that the person is in an unhappy marriage.

The study did find that the presence of children in a marriage reduces the susceptibility to being influenced by peers who get a divorce.

Anyone considering a divorce in California should plan carefully and consult with a Los Angeles divorce attorney before making any decisions or announcements. An unplanned divorce can be a financial disaster from which some people never recover. An experienced divorce lawyer can speak with you about your options and challenges and can provide you with the advice you need to make the proper decisions and take the proper actions. For example, it is frequently much easier to get a solid grasp on a couple's finances when a spouse contemplating divorce does the research before making any decisions or speaking with a partner about a separation.

The consequences of a poorly executed divorce are too great to let a lack of planning or spur-of-the-moment decision impact your future and long-term financial well-being.

The report is titled "Breaking Up is Hard to Do, Unless Everyone Else is Doing it Too: Social Network Effects on Divorce in a Longitudinal Sample Followed for 32 Years."

Continue reading "Friends may divorce when friends are divorcing, study suggests; proper planning is critical in a Los Angeles divorce" »

Tigers Woods has reportedly agreed to pay Elin Nordengren $750 million in a divorce settlement, the San Jose Mercury News reported. For those of you keeping score at home, that is $11 million for each month of their 5 1/2 year marriage.

Or about $350,000 a day.

In exchange, his soon-to-be ex-wife has reportedly agreed never to speak ill of him publicly and would not be allowed to write any tell-all books about their marriage. The media reports that she is expected to sign the agreement, which could be worth as much as $833 million, next week. The couple is expected to share custody of the children, while Nordengren will retain physical custody.

The settlement would be one of the largest in history.

A Los Angeles divorce lawyer can assist in protecting the rights and assets of one party in a California divorce. California law provides that marital assets be divided equally. However, what constitutes a marital asset is often the subject of rigorous debate. For example, if one spouse owned a home before a marriage, but maintenance, mortgage payments and upkeep were shared during a marriage, is it a marital asset? Determining the value of an asset can also have a drastic impact on a divorce agreement.

As far as spousal support in California is concerned, a short-term marriage like the Woods' (under 10-years by California law) would permit a spouse to collect support for up to half the length of the marriage. For marriages longer than 10 years, spousal support may be ordered indefinitely. This dividing line at the decade mark under California divorce law is one reason you see celebrity couples divorce prior to 10-years of marriage, as was the case with Tom Cruise and Nicole Kidman.

However, child support can last until a child is an adult, and may even include requirements to pay for college costs and other associated costs of education after the age of 18.

No word on whether the Wood's agreement includes additional child support compensation.

Continue reading "Tiger Woods reportedly agrees to $750 million divorce settlement" »

Actor Jeremy London and his wife have reportedly lost custody of their 3-year-old son as both are undergoing regular drug testing amid a struggle with addiction to pain killers, KTLA reported.

Couples who are struggling to maintain their parental rights need to consult a Los Angeles Family Law attorney as early as possible in a case where child welfare authorities or others are threatening to seek child custody. It is often easier to maintain parental rights than to regain them. And, in cases where addiction, financial difficulty or other issues necessitate temporarily surrendering custody, hiring an attorney can protect your parental rights.

In this case, Radar Online, a celebrity website, reports that London's wife Melissa became addicted to pain killers after surgery. She allegedly crashed her car a few weeks ago with her son inside. Meanwhile, London reported a bizarre kidnapping claim to police. The TV actor, who appeared on "7th Heaven" and "Party of Five," told Palm Springs police that he was abducted while changing a flat tire on June 10. After about 12 hours of captivity, in which the actor reported the gunman forced him to drive around the city, purchase alcohol, and consume illegal drugs, he was able to escape and notify police. Police later found his car and arrested a 26-year-old Palm Springs man. He has pleaded not guilty to charges of kidnapping, robbery, possession of stolen property, vehicle theft and car jacking.

CNN reports that Melissa is London's ex-wife and that the two had been in a custody battle over the child before apparently reconciling.

Whether you are in the midst of a divorce in Los Angeles or you are seeking to retain or regain custody from child-welfare authorities, protecting parental rights is among the most important obligations a family lawyer can undertake. Visitation, child custody and child support matters are much easier to address during the initial divorce proceedings than they are to attempt to modify or address after the fact.

Continue reading "Los Angeles child custody matters best left to an experienced Family Law attorney" »

The Daily Mail is reporting that Heidi Montag has hired a divorce lawyer in her high-profile split from Spencer Pratt. The pair wed just over a year ago on their TV show The Hills. Her attorney has announced a plan to mediate a meeting between the two in an effort to negotiate the fastest divorce possible under California law.

Fair warning: Getting it fast is not nearly as important as getting it right.

Anyone considering an uncontested dissolution of marriage in California should still consult a Los Angeles divorce attorney to represent their interests. While a marriage of less than a year will be easier to end than most, many complications may still arise. If the couple bought a home or other assets together, a fair division will need to be negotiated. While California's no-fault divorce law dictates an even division of marital assets, determining what is a marital asset and what is equal can be critical to ensuring that you are treated fairly in a divorce.

For instance, is a marital home being valued at the purchase price or the current market value? A California home purchased several years ago may be worth half of what it is in today's real estate market -- leaving one spouse with an asset on paper and nothing more than an underwater mortgage in reality.

No word yet on whether Pratt has an attorney, although Montag's attorney says things are "very amicable" between the couple so far. They will likely stay amicable as long as Pratt signs whatever his spouse's lawyer wants him to sign!

Even short-term marriages can cause long-terms hassles when not dissolved properly. For instance, mortgage or loan notes taken out in both spouses' names, or credit card debt, can come back to haunt a spouse long after a divorce is finalized in the event that their former partner does not satisfy financial obligations in accordance with the terms of a settlement.

Getting it right the first time is much easier than attempting to chase a former spouse after the fact.

Continue reading "Both sides should hire representation - even in an uncontested divorce in Los Angeles" »

As Father's Day approaches, the USA Today has published an uplifting report on the relationships between fathers and their children after divorce.

The outcome of a California divorce and child custody agreement can have a lifelong impact on your relationship with your children. Seeking the advice of a qualified Los Angeles child custody attorney is critical to protecting your parental rights.

Half of all children in the United States will not live with their father for at least part of their childhood. Historically, divorce accounted for the majority of non-resident fathers. Today, more and more fathers were never married to the mother of their children. In either case, establishing parental rights is critical to building healthy, long-term relationships with your children. And non-resident fathers continue to enjoy more contact with their children. In 1976, just 18 percent saw their kids weekly. By 2002, that number had grown to 31 percent. Meanwhile, the number of dads who had not contact declined, from 37 percent to 29 percent.

While the presence of a father in the household frequently has a positive impact on the well-being of children, research that appeared last month in the Journal of Family Issues found that the quality of the relationship may be even more important. Children who reported close relationships with non-resident fathers reported higher self-esteem, lower delinquency and fewer symptoms of depression than those who live with fathers in situations where no close relationship exists.

"The point isn't what fathers do; it's whether the kid thinks or believes the father cares about them," says Philip Cowan, professor emeritus of psychology at the University of California-Berkeley.

While barriers still exist, the number of parents claiming equal footing through visiting rights, joint custody and parenting plans is also on the rise. And technology, including text messaging and e-mails, has made sharing time with children easier.

As with other studies, this report clearly suggests that two loving parents who are separated can provide a better foundation for a child than unhappy parents who insist on keeping a marriage together for the sake of the children. The caveat, as always, is ensuring that you seek the legal help necessary to protect your parenting rights and your relationship with your children.

Continue reading "Los Angeles divorce doesn't mean the end of good relationships between fathers and children" »

There may be fault in California's no-fault divorce law after all -- at least if you try to have your spouse killed. Lawmakers are considering a change after a woman tried to have her husband killed, went to prison, and still got half their assets in a divorce settlement, ABC7 reported.

California became the first state in the nation to adopt no-fault divorce when Gov. Ronald Reagan signed the law in 1969. Either party to a marriage may file for divorce without proof of wrongdoing by a spouse. While the law dictates a 50/50 division of marital property, hiring a Los Angeles divorce lawyer is critical to protecting your rights. Defining marital property, determining whether a spouse has hidden assets, preventing a spouse from liquidating assets, and the proper valuation of marital assets are just a few of the issues that will determine whether you are treated fairly in a divorce.

In this case, the husband, who was an undercover police officer in Pomona, was going through a contentious divorce and had been awarded custody of the couple's two sons. That's when authorities say the distraught wife tried to get members of a San Bernardino biker gang to kill him. The woman was convicted and served almost two years in prison. However, under California's not-fault divorce law, she was entitled to half the couple's assets and collected about $70,000.

Now State Assemblyman Marty Block, D-San Diego, has introduced legislation to close the loophole. Thus far, the proposal has met with no opposition.

Continue reading "Closing loophole in California no-fault divorce law aimed at preventing collection in murder-for-hire plot" »