California Divorce, Child Custody, Child Support, Domestic Violence

How and When to Get an Ex Parte Order

September 25, 2019 Judy Burger

After you file your divorce petition, it may take months to iron out all the details. In some cases, though, the person filing for divorce faces serious issues that cannot wait that long. For example, Sandy’s husband had a violent temper that caused him to lash out at their home and at her. Ben knew he was safe from his wife, Lori, but feared for their children. Finally, Maria’s husband hid their car from her, although she needed it to get to work. Fortunately, courts may provide emergency assistance for situations like these through ex parte orders.

How to Get an Ex Parte Order

The simple answer is that you file a motion with the court asking for the relief that you need as soon as possible. However, each county in California may have its own rules and procedures for obtaining an ex parte order. Failing to follow the rules may cause your motion to be denied. You may file a Temporary Emergency Orders (Ex Parte) (Form FL-305) to request certain temporary emergency court orders. While this form may be used throughout the state, you will need to check the rules for the county in which you file for additional information. Hearings often are heard within 24 hours of filing the request for an ex parte order, at which time a judge will hand down a ruling on your request for Temporary Emergency Orders.

When an Ex Parte Order Is Appropriate

Sometimes the filing spouse may need to get an issue before a judge as quickly as possible because an emergency exists. In fact, the filing party may request an ex parte action for one or more of the following reasons:

The spouse who filed the divorce case may be in danger.
A child involved in the divorce case may be in danger.
The filing party needs temporary use of a marital asset.
The filing spouse feels that his or her property might be destroyed or damaged by the responding spouse.

Talk to an attorney immediately if you feel an issue related to your divorce is an emergency.

It’s Complicated.

The attorneys at the Law Offices of Judy L. Burger are experienced at all phases of divorce proceedings, including ex parte orders. 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

5 Things You Didn’t Know About Gray Divorce

September 18, 2019 Judy Burger

When couples divorce after age 50, it’s called a “gray divorce.” Since this term only recently came into use, there are things you may not know it. While it’s impossible to cover every detail in this article, we will look at five things you didn’t know about gray divorce.

The Gray Divorce Rate Has Increased

Divorce among U.S. adults has actually decreased for younger generations. However, the divorce rate for the 50 and older set has approximately doubled since the 1990s. The divorce rate for people over age 65 has almost tripled during the same time frame.

Longer Life Expectancy Is an Issue

This may be one of the most surprising facts about gray divorce. As some people reach their 50s, they take stock of their lives. If they are in reasonably good health, they may live for several decades. For some, longer life expectancy means more time with a spouse who makes them unhappy. Gray divorce can bring people the freedom they need to discover what will make them happy.

Gray Divorce Is More Common the Second Time Around

In general, people who have been divorced once may be more likely to divorce again. Baby boomers were more likely to divorce than preceding generations. As baby boomers reach age 50 and beyond, their prior marital history may catch up with them, leading to a gray divorce.

Retirement Plans May Be Affected

Whether the parties are retired already or still working, retirement plans often change due to the termination of their marriage. A qualified domestic relations order (QDRO) may give one spouse part of the other spouse’s retirement funds. Spousal support, if ordered, may cut into the amount of money the payer planned to save for their golden years. One or both parties may enter retirement with less money than they had planned on, including Social Security retirement benefits.

Adult Children May Be Upset

Few gray divorcees have to worry about child support and visitation. However, they still need to understand the effect divorce has on children. Even adult children may feel a sense of loss and a need for reassurance from their parents. Divorce can damage relationships between adults and their parents at any age.

Gray Divorce or Not, You’ll Need Help

Talk to an experienced California divorce attorney today. Please call us 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 Coast, including San Francisco, Beverly Hills, Gold River, Santa Barbara, Ventura/Oxnard, and surrounding communities.

Annulment

When Can a Marriage Be Annulled?

September 11, 2019 Judy Burger

Magicians sometimes wave a magic wand over objects to make them vanish. When it comes to making a marriage disappear, the courts don’t have a magic wand. Instead, judges wield California laws that allow annulment. However, under what circumstances can a marriage be annulled?

What Really Happens to an Annulled Marriage?

The marriage is considered invalid. In fact, it’s as if it never existed. Some marriages are always considered invalid, whether you request an annulment or not. Spouses cannot be close blood relatives or what might be considered an incestuous relationship. Also, spouses cannot be legally married or in a registered domestic partnership with someone else.

Marriages May Be Annulled Due to a Problem with One Partner

Of course, it takes two people to have a marriage. However, that relationship can be terminated if one spouse is:

Underage. Annulment may be granted if one or both people were under age 18 as of the wedding date.
Unsound Mind. If one party lacks the capacity to understand the wedding ceremony, the marriage may be dissolved. Someone who is underage, intellectually challenged, or senile may be unable to agree to a marriage.
Unable to Consummate. One party may request an annulment if the other party is unable to consummate the marriage due to a physical incapacity that is expected to be incurable.

Marriages may also be dissolved for other reasons.

An Annulment Might Be Requested Because of One Party’s Actions

Sometimes one party may do something that makes annulment possible:

Fraud. One party may lie or misrepresent an issue that directly affects the other party’s decision to marry. This is considered fraud. For example, green-card marriages can be dissolved through annulment.
Force. Marriages can be annulled when one party forces the other party to marry against their will.

A Marriage Can Be Annulled, but Deadlines Apply

Annulments must be requested within certain time frames. For example, you have four years after the date an underage spouse turns 18 within which to request an annulment. Other deadlines apply, depending on the reason for the annulment. Please call us at 415-293-8314 to discuss your case. The attorneys at the Law Offices of Judy L. Burger assist clients with divorce matters in San Francisco, Beverly Hills, Marin County, Santa Barbara, Ventura/Oxnard, San Jose, Gold River (Sacramento), and surrounding communities.

California Divorce

I’ve Been Served with Divorce Papers. What Now?

September 4, 2019 Judy Burger

Maybe you were expecting it. Maybe it was a complete surprise. Either way, being served with divorce papers is a wakeup call for most people. This is not the time to sit and lament the end of your marriage, however. Once you have the divorce papers in your hands, the clock starts ticking.

You’ll Need to Read Carefully

The divorce papers you just received are important to your future. Take some time to review them, paying attention to the details. You may be able to figure out what your spouse wants to get from the divorce.

Reflect on Your Situation

Start thinking about your marriage and especially how you would like to proceed. Would you like to try to save your marriage, or is it time to move on? If you have children, how will you help them handle the new state of affairs? However, don’t take too much time. You need to respond within 30 days from the date you were served with divorce papers.

Then File a Response … or Not

Most people do something in response to being served with divorce papers. You have four basic options:

Don’t file any response. However, your spouse or domestic partner may get everything he or she wants. This is called a “true default.”
Prepare a written, notarized agreement signed by you and your spouse. When divorcing partners agree on everything, you may be able to submit this agreement in lieu of filing a formal response. Courts may call this a “default with agreement” case.
File a response and prepare a written agreement. This type of case is considered uncontested since you and your partner agree on all issues.
File a response that disagrees with some or all of your spouse’s assertions and requests. This is truly a “contested” case. The court may decide any issues that remain unresolved, including property division, child custody, and spousal support.

Divorce cases can be very complicated. You may need some help navigating the system and protecting your rights.

Served with Divorce Papers? Take Action

You don’t have to go through this alone. The attorneys at the Law Offices of Judy L. Burger are experienced at all phases of legal separations and divorce proceedings. Call us at 415-293-8314 to schedule a private appointment or visit our website. We maintain offices in San Francisco, Beverly Hills, Marin County, Santa Barbara, Ventura/Oxnard, San Jose, Gold River (Sacramento), and surrounding communities.