How Adultery Affects Your Divorce

July 24, 2018 Judy L. Burger Leave a comment

Adultery often leads to divorce. Whether you were the straying or non-straying partner, infidelity may still affect your divorce in ways you did not intend.

The No-Fault Divorce.

For years, someone who was stuck in an unhappy marriage had to state grounds for getting a divorce. Abuse, desertion, and adultery were commonly cited by a party when filing divorce papers. The divorce petitioner may have had to provide proof to back up their reasons for ending the marriage.

Now, no-fault divorce is available in California. A petitioner filing for a no-fault divorce doesn’t have to say who was at fault or what happened. You just have to say you want to end the marriage.

It’s Not Illegal, but There May Be Consequences.

Adultery is not against the law, so you won’t be arrested for having an affair. However, straying from the marriage can make things difficult for the adulterous spouse:

Alimony and Spousal Support. A court may consider a party’s adultery while determining alimony and spousal support. The amount of support ordered won’t be based on morality, but instead on how the adultery may have affected the innocent spouse’s financial wellbeing.
Custody. Adultery typically has more of an immediate effect on a person’s relationship with their spouse than their relationship with their children. Still, the strain on the marital relationship will cause discomfort for everyone involved. However, courts typically only consider the infidelity’s effect if children are being put in danger by the affair.
Property Distribution. California is a community property state and community property is typically split 50-50. However, if one spouse uses community funds to pay for his or her infidelity, the other spouse may be entitled to restitution from the offending spouse’s share of the marital estate.
Negotiations. The adulterous spouse may feel ashamed or guilty. The injured spouse may feel angry and want revenge. Emotions can add an extra level of stress to delicate negotiations.

Learn More About the Effect of Adultery on Your Divorce.

Whether you’re the cheater or the person being cheated on, infidelity will affect your divorce. The attorneys at the Law Offices of Judy L. Burger are highly experienced with all divorce issues. Call us at 415-293-8314 to schedule a private appointment or visit our website. We maintain offices in San Francisco, Marin County, Santa Barbara, Ventura/Oxnard, San Jose, Gold River (Sacramento), Roseville, and surrounding communities.

California Divorce

Insurance Settlements and Your Divorce

July 10, 2018 Judy L. Burger Leave a comment

Divorce can be complex. Untangling finances, figuring out what to do for the children, and determining what’s community property can take time. Adding the complication of an insurance settlement to a divorce certainly doesn’t help.

The Law on Personal Injury Settlements

California law addresses insurance settlements in California Family Code 780 and 2603. While some of the language is vague, the law does address whether settlements are separate or community property.

Injuries During Marriage.

When a personal injury cause of action – the event that led to the injury – occurs during a marriage, then the insurance settlement for those injuries is considered community property. As such, the settlement is split 50-50 between the parties, even if only one party was injured.

Sometimes parties divorce after the accident, but before the insurance settlement is received. The community property/separate property determination is made based on when the injury occurred, not when the settlement is received.

Injuries Incurred Outside the Marriage.

If an injury occurred before parties were married, or after they start living separately, then the insurance settlement belongs only to the injured party. The term “living separately” does not necessarily mean “date of separation.”

For example, an unmarried person is seriously injured in a car accident, then later marries. The cause of action for the personal injury occurred before the marriage. Any insurance settlement is the property of the injured party only.

Reimbursement for Expenses

One exception to the separate property case noted above involves reimbursement for expenses paid by the non-injured spouse. Family Code 781(b) states that expenses paid by the non-injured person from separate property or community property may be reimbursed.

For example, if one spouse may be injured in an accident before the marriage. After the marriage takes place, the uninjured spouse pays expenses that relate to the injuries suffered in the accident. The uninjured spouse may be able to recover at least part of their expenses from the insurance settlement received by the injured spouse.

Learn More About Insurance Settlements and Your Divorce.

Judy Burger is a California Certified Family Law Specialist, and founder of the Law Offices of Judy L. Burger. Please call our offices at 415-293-8314 to set up an appointment with one of our attorneys. We assist clients along the Northern to Central California Coast.

California Divorce, Child Custody, Child Support

My Husband Got Custody of Our Kids. Do I Have to Pay Child Support?

July 3, 2018 Judy L. Burger Leave a comment

Some of the most difficult and heart-wrenching decisions to make during a divorce involve children. Who will provide a home for the kids and money to care for them? Regardless of where the kids live, both parents are expected to be financially responsible for their children. This expectation may lead some people to question why they have to pay child support if the other parent has physical custody.

California courts require every parent to be financially responsible for their children.

Child support is the law, but that doesn’t mean it’s easy to calculate. Courts will consider several factors when calculating who should pay child support:

Both parents’ financial circumstances,
The children’s needs,
Whether additional support is needed for special expenses, child care costs, etc. and
The amount of time each parent has physical responsibility for the children.

Custody arrangement can make a difference.

“Time-share” – the amount of time the parent spends with the children – typically takes three forms:

One parent spends more time caring for children. The other parent usually pays child support. Occasionally, though, there’s a great discrepancy between the parents’ income. Generally, the parent with the greater income will pay child support to the parent with lower income. This scenario can be tricky. It is best to consult a family law attorney.
Parents spend about the same amount of time with the kids. The parent with the higher income may pay some child support to the other parent.
Parents of multiple children ‘split’ up the children. For example, in a family with two children, one child lives with mom and one child lives with dad. Child support may be paid depending on the parents’ income or special needs.

What’s best for the children?

It really comes down to taking care of the children’s needs, regardless of their address. Maybe you have questions about child support or are considering separate or divorce. Give us a call at (415) 293-8314 to schedule a confidential appointment with one of our attorneys.

Ms. Burger is a California Certified Family Law Specialist and founder of the Law Offices of Judy L. Burger. We assist clients in California’s Northern to Central Cost, including San Francisco, Marin County, Gold River, Santa Barbara, Ventura/Oxnard, and surrounding communities.