Monthly Archives: May 2021

Am I Still Financially Responsible for My Ex-Spouse’s Debts
Debt, Property Division, Property Division

Am I Still Financially Responsible for My Ex-Spouse’s Debts?

Getting his final divorce order was one of the best days in Jason’s life. Finally, he could move on without his ex-wife and all her baggage. He was unpleasantly surprised to start receiving late notices from creditors and angry phone calls from collection companies. They were about his ex-spouse’s debts, not his. Can Jason be held responsible for these debts?

Community Property – and Debt

During divorce proceedings, a couple’s property and debts are split into two categories:

  • Community, which both spouses own;
  • Separate, which one spouse owns;
  • Mixed Community and Separate, which means the property or debt could be partially owned by the couple.

Property division is complex. It’s not always easy to determine whether something is community, separate, or mixed. In a community property state like California, community property and debts are usually split between the couple. As Jason unfortunately learned, there’s more to dividing debts than meets the eye.

The Nature of Debts

A community debt is generally one that the couple:

  • acquired together during the marriage,
  • one party acquired during the marriage.

Sometimes one spouse will sign for a loan or get a credit card while married but in his or her own name. Then the other spouse uses the debt or helps pay for it. This can complicate the matter further because the debt may now become part of the marital estate.

Couples may simply split their debts in their settlement agreement. In Jason’s case, he took one credit card while his ex took the other. However, when she stopped paying on the card, Jason found he might still be responsible for his ex-spouse’s debt. That’s because the divorce decree generally does not affect the agreement that caused the debt. So, if both parties sign for a loan that one party gets in the divorce settlement, the other party’s name is still on the loan as far as the lender is concerned. Basically, they just want to get paid. That’s understandable but frustrating for the party left paying for an ex-spouse’s debts. 

Talk to a California Divorce Attorney About Your Ex-Spouse’s Debts

Make sure you know where you stand financially when the ink dries on your divorce order. Suddenly learning that you have to pay your ex-spouse’s debts when you are just starting your new life is not ideal, to say the least.

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.

Please call us at 415-293-8314 to discuss your case. The attorneys at the Law Offices of Judy L. Burger assist clients along California’s Northern to Southern Coast, including San Francisco, Beverly Hills, Marin, San Jose, Gold River, San Diego, Santa Barbara, Ventura/Oxnard, and surrounding communities.

My Parenting Plan Isn’t Working. Can I Change It
Child Custody, Visitation

My Parenting Plan Isn’t Working. Can I Change It?

Divorced parents still have a strong connection – through their children. In the midst of making decisions about schooling, vacations, and health care, moms and dads have to stick to their parenting plan. But what if that parenting plan isn’t working anymore?

Why Plans Come Unstuck

People’s lives change over time. Your divorce is living proof of this.

Adults may change jobs, buy or sell homes, and learn more about their likes and dislikes. Friends and family members may move or even pass away. Many people face these changes and just adjust their lives accordingly.

As children grow, they also experience changes in activities, friends, and more. Parents might find that a visitation schedule no longer fits their children’s current list of activities – which, frankly, may change again in a year or so, depending on the kids’ ages.

Sometimes sticking to the parenting plan you negotiated during your divorce seems like trying to stuff a square peg into a round hole. If that’s the case, it may be time to make some adjustments. And there are ways to do just that.

And How to Fix a Parenting Plan That Isn’t Working

Before your divorce could be finalized, you and your co-parent had to negotiate and finalize your parenting plan. Thinking back on what your parenting plan includes can help you figure out if it’s time to alter it. That’s because parenting plans can be very specific or just have general guidelines.

First, review your plan to refresh your memory. If you and your ex-spouse are amicable, at least when it comes to your children, you may have inadvertently done things that are not spelled out in your plan. For example, you may have changed your spouse’s mid-week visitation day from Wednesday to Tuesday because little Johnny has soccer practice on Wednesday.

While it’s great to agree on alterations amicably, you must get the modifications in writing and file with the Court in order for it to become a Court order. It’s important to be clear about both parent’s obligations and responsibilities.

If changes are needed, talk to your divorce lawyer first. Your options for fixing your parenting plan include:

  • Negotiating a new agreement,
  • Meeting with a family mediator if you and your co-parent can’t agree on modifications, and
  • Asking a court to approve or order changes to the plan.

There’s no need to stick with a parenting plan that doesn’t fit anymore. Parenting plans are intended to help you help your kids, so consider fixing issues as they arise.

You Have Options When a Parenting Plan Isn’t Working.

Instead of increasing your stress levels—and, more importantly, your children’s – talk to an experienced California divorce attorney about making your plan work again.

The attorneys at the Law Offices of Judy L. Burger are experienced at all phases of divorce, legal separation, and annulment. Call us at 415-293-8314 to schedule a private appointment or visit our website. We assist clients along California’s Northern to Southern Coast, including San Francisco, Beverly Hills, Marin, San Jose, Gold River, San Diego, Santa Barbara, Ventura/Oxnard, and surrounding communities.

Revisiting California’s Date of Separation
California Divorce, Legal Separation

Revisiting California’s Date of Separation

Certain dates are memorable in a person’s life. Many dates, like birthdays and anniversaries, are celebrated. But when a marriage is over, and it’s time to file for divorce, another date becomes critical – the date of separation. California law has evolved on this subject, but people thinking of filing for divorce need to understand the effect that date can have on their divorce settlement.

A Simple Term, Right?

“Date of separation” seems straightforward and easy to understand. In a divorce case, however, the date is much more than a square on your calendar.

Courts will use the date of separation as defined by California law when deciding property division issues in your divorce. Here’s what California Family Code Section 70 says:

70.(a)  “Date of separation” means the date that a complete and final break in the marital relationship has occurred, as evidenced by both of the following:

(1) The spouse has expressed to the other spouse his or her intent to end the marriage.

(2) The conduct of the spouse is consistent with his or her intent to end the marriage.

This means that certain aspects of your divorce depend on getting the date of separation right.

Property Division and the Date of Separation

Married couples usually acquire assets and debts during their marriage. Most of those assets and debts are considered to be community property owned by the couple. However, couples often have separate property and debts that only one spouse owns.

During your divorce, it’s necessary to decide what’s community and what’s separate. In a community property state like California, community property is usually split roughly 50-50 between the spouses. There are some exceptions, however.

The “complete and final break in the marital relationship” can be hard to determine. Some couples decide to split but continue to live together and commingle funds. Couples can continue to live together during the divorce, but at least one spouse must exhibit conduct that “is consistent with his or her intent to end the marriage.” Calculating the date can be difficult but is necessary.

For example, one spouse might get a large bonus from work while the divorce is pending. Did this happen before or after the date of separation? If before, then the bonus could be community property. But if it’s paid after the couple is officially separated, it might qualify as separate property.

In fact, division of financial payments, property acquisitions, and so on that occur while the divorce is pending could become complicated if the date of separation is unclear.

We Can Help Sort Out Your Date of Separation and Other Divorce Issues

The attorneys at The Law Offices of Judy L. Burger are well-versed in divorce and the dissolution of registered domestic partnerships. 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 Southern California Coast.

Can Grandparents Get Visitation Rights
Visitation

Can Grandparents Get Visitation Rights?

Danny was confused by so many things going on in his life right now. His mom and dad were splitting up, which meant they would not all be living together as a family anymore. Danny and his mom had to move away from his school and friends. But one of the worst things was not being able to see his grandpa and grandma. His parents had some pretty loud arguments about something called visitation. Danny wondered if grandparents get visitation rights, too. Let’s look at what the law says about visitation rights, specifically for grandparents.

Children and Parenting Plans

Judges usually will not finalize a divorce where the couple has children until a parenting plan is complete. If the parents are unable to agree on a plan, the judge will do it for them.

Parenting plans cover:

  • What type of custody each parent will have (joint physical custody, for example),
  • When the children will spend time with each parent (visitation), and
  • How the parents will make decisions about their children.

For example, Danny’s parents both want full custody of him. But he has always spent more time with his mother than his father, and his father travels a lot for his business. The judge might consider giving Danny’s mom sole physical custody, with a generous visitation schedule for his dad. An alternative might be sole legal custody of Danny with joint physical custody. If his parents cannot agree on custody, the judge will do what’s best for Danny.

Parenting plans spell out visitation in detail, including where the child will spend holidays. For example, Danny might spend Christmas with dad one year and mom the next. Summer holidays might be split between the parents, or he might get to spend several months with his dad exclusively. Parenting plans should conform to what is best for the child’s individual needs as much as possible.

But what about grandparents? Are they included in the plan?

Grandparent Visitation Rights

Parents could let their child’s grandparents get visitation rights and add them to the visitation schedule. Sometimes one or both parents are not okay with granting access for some reason. There are ways for grandparents to see their grandkids if they are not in the parenting plan.

In California, grandparents can petition the court for reasonable visitation rights. However, the family court judge will need to see:

That there’s a pre-existing bond between the child and his or her grandparents.

AND

That allowing grandparent visitation can be balanced with the parent’s rights to make decisions for their children.

The law states that courts may use their discretion to award reasonable visitation rights to “any other person having an interest in the welfare of the child.” So, courts could order that grandparents get visitation rights. However, either or both parents could ask the court to deny visitation.

The Final Word on Whether Grandparents Get Visitation Rights or Not

A family court judge will make the final decision on visitation, including allowing grandparent visitation. Doing what is right for the child will always be the default position for family court judges. Judges can and do deny access if visitation is not in the child’s best interests.

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 Southern Coast, including San Francisco, Beverly Hills, Gold River, San Diego, Santa Barbara, Ventura/Oxnard, and surrounding communities.