Some divorces can be accomplished in what seems like a blink of the eye. Oftentimes, a young couple without children or assets to speak of simply needs to sign a few legal documents to go their separate ways. But as years go by and marriages get longer, divorces get more complicated as children are born and assets are accumulated.
Such was the case with Frank and Jamie McCourt. At the time of their divorce, Frank was the owner of the Los Angeles Dodgers. In determining Jamie’s stake in the family assets, Frank estimated the value of marital assets, including the Dodgers franchise, at roughly $300 million.
Eventually, the divorce was finalized in October of 2011and Jamie was awarded $131 million. Not exactly half, but not too shabby, either.
A mere six monthly later, however, Frank sold the Dodgers franchise for a whopping $2.15 billion. (That’s right, billion with a ‘B’). Jamie promptly took Frank back to court, feeling she had been cheated out of her fair share. Among other things, Jamie alleged that Frank grossly undervalued the business.
Situations like this are not uncommon, particularly when the marital assets include a business. An experienced and pragmatic divorce attorney understands the importance of a fair business valuation conducted by a qualified expert. Be sure your attorney is prepared with the facts so you can get your fair share the first time around.
If you feel like your spouse took you to the cleaners in your divorce, before giving up, consider your options for taking your ex back to court. At the
Law Offices of Judy L. Burger, we will aggressively pursue the best outcome possible for you in your divorce or custody proceedings. Depending on the status of your case, time may be of the essence, so don’t delay.
Judy L. Burger is known for her tenacious representation of clients in high conflict cases in and around the San Francisco Bay and Sacramento areas. If you are a parent facing a divorce or custody dispute, call us today to learn more about how we can help. Call (415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online via our
confidential inquiry form.
Adopting a stepchild or domestic partner’s child is a fairly common milestone for many families. Adoption has the effect of uniting a family while legally terminating the parental rights of a birth parent who has little or no involvement in the child’s life.
In many cases, the uninvolved birth parent will consent to an adoption. It is also possible to carry out an adoption without his or her consent. Allowing an adoption without a parent’s consent is a serious matter, so a court will not proceed until the uninvolved birth parent has had a chance to present his or her objections.
If possible, one way to speed up an adoption case is to get the uninvolved birth parent’s written consent to the adoption. If written consent is not possible, then the prospective adoptive parent must locate the uninvolved birth parent and provide a last known address to the court.
If the uninvolved birth parent cannot be located, the prospective adoptive parent must convince the court that he or she made a good faith effort to find the uninvolved parent and notify him or her of the adoption proceedings.
A stepparent or domestic partner adoption should be a joyful time for your family. Talk to an attorney experienced in California family law to help make sure the process goes as smoothly as possible, without any unexpected surprises along the way.
Judy L. Burger is an experienced California family law attorney serving the San Francisco Bay area and Sacramento area. If your family is considering an adoption, call us today to learn more about how we can help. Call (415)293-8314 in the San Francisco Bay area or (916)631-1935 in the Sacramento area, or contact us online via our confidential inquiry form. 
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In California, our state allows both men and women to change their last names when they get married if one or both of them choose to do so. California is one of only nine states that officially has this equal opportunity law on the books.
A recent incident in Florida brought to light the lingering gender discrimination in other parts of the country. According to news reports, a Florida man was accused of fraud by the state Department of Motor Vehicles after he adopted his wife’s last name following their 2011 marriage.
Lazaro Dinh decided to take his wife’s last name rather than vice versa. Lazaro said he had no emotional ties to his last name and he wanted to help his wife’s Vietnamese family perpetuate their surname. After the wedding, Lazaro followed the usual steps to obtain a new passport and Social Security card. He also changed his bank accounts and credit cards before attempting to obtain a new driver’s license.
Lazaro then applied for a new driver’s license the same way female Floridians do when changing their name after marriage. The Florida DMV issued Lazaro a new license and he went on with life. More than a year later, Lazaro received a letter from Florida’s DMV informing him that his license had been suspended due to an accusation of “obtaining a driving license by fraud”.
He first thought it must be a mistake, but when he called the DMV office in Tallahassee he was told that in order to legally change his name he must do so through a court, a process that takes several months and over $400 in filing fees. When Lazaro explained that his name change was the result of a marriage he was told the rule only applied to women.
Luckily for Lazaro, the Florida DMV decided not to pursue fraud charges at roughly the same time the news hit the internet.
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In the much-publicized divorce of Katie Holmes and Tom Cruise, the tabloids found dozens of opportunities to photograph each parent out and about with their daughter Suri. It’s possible they were simply going about their daily lives while being hounded by the paparazzi, but it is just as likely the soon-to-be-divorced parents were trying to build their respective cases for custody.
When a marriage falls apart, the children of the relationship are caught in the middle. Parents often overlook the negative effect of their verbal sparring on the children. Courts, on the other hand, are not prone to overlook a parent’s bad behavior while the children are present.
Just as parents take measures to protect their children from negative outside influences, parents in the midst of a divorce have a duty to protect their children as much as possible. The children’s lives are going to change, but that doesn’t mean the children should be privy to all dirty laundry.
The details of a divorce should only be shared with children to the extent warranted by each child’s mental and emotional maturity level, and never in a manner reasonably expected to cause the child to harbor ill will for the other parent.
In our experience, children are flexible, adaptable, and perceptive. They may appear to be largely unaffected by your divorce, when in fact they have many questions they are simply afraid to ask. Counseling is often recommended after a divorce to help children process the break up of their parents and learn to deal with their conflicting emotions in a healthy way.
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Changing a child support or visitation order is a common issue in family law. Usually driven by a change in the life of one of the parents, there are basically two ways to go about making these changes.
If the parents can agree to the changes without going to court, you can file your agreement with the help of an attorney. If you are agreeing to change child support, the attorney will help you file a Stipulation to Modify Child Support and Order. To make changes to visitation or custody they will assist you with filing a Stipulation for Custody and/or Visitation of Children.
If you and the other parent can’t reach an agreement, you will need to take the other parent back to court. Since the court will consider many factors before making a decision, you should speak to a qualified California family law attorney before filing any documents with the court. Your attorney will know which factors should be highlighted to give you the best chance of successfully getting your child support or custody order modified.
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It is not unusual for couples seeking a divorce to be unable to reach an agreement on various issues, such as child custody to the division of assets and liabilities. While one spouse may have no interest in compromising on a particular issue, the other spouse may be anxious to move on. In some cases, it may be appropriate to ask the court for a “bifurcation” of marital status. What this means is that the court will address the issue of your marital status while postponing resolution of the remaining issues.
Though bifurcation is possible, it is rare. Courts are reluctant to bifurcate divorce cases for two reasons. First, they generally prefer to handle each case as a whole. California courts are heavily burdened as it is, and splitting one case into two inevitably creates more work.
The second reason courts are reluctant to bifurcate divorce cases is that once a marriage has been dissolved, one or both parties may lose motivation to work out the other issues.
Nonetheless, bifurcation is granted in rare circumstances, such as when a spouse is expecting a child conceived outside the existing marriage. In that situation, bifurcation may lead to a quicker judgment of divorce, allowing the expectant mother or father to marry the other parent prior to the child’s birth.
If bifurcation is appropriate in your situation, seek the help of an experienced California divorce lawyer.
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We spend a good amount of time here talking about getting divorced in California, so it seems only fair to turn our attention for a few moments to how to get married in California in the first place.
In order to get married in California, you must first obtain a marriage license. You do not have to be resident of California to obtain a marriage license, but California has a few unique laws and regulations which will require a few decisions on your part before going to get a license.
For example, you may decide that you would like a confidential marriage license. Or, you may decide you would rather a friend or relative perform the marriage ceremony by participating in the Deputy for a Day program. You will also need to decide what names each of you will use are your married names.
Marriage licenses are issued by the Clerk’s office, which will require a picture ID and possibly a certified birth certificate. You will also need to know the city and state where your parents were born and each of their full names, including your mother’s maiden name.
If you were previously married, then you should be prepared to present proof of divorce, death, or annulment when you apply for a marriage license. If you were granted a divorce within the last 90 days before applying for a marriage license, then you will need to provide a copy of your final divorce decree.
These are some of the technical requirements for getting a marriage license. Of course, we will add that premarital counseling with a qualified family law attorney and perhaps an estate planner are always recommended, especially if you have or expect to have assets you want to protect in the event of a future divorce.
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