Splitting a pension
An issue most people worry about when facing a divorce, after child custody issues, is how property will be divided. California is a community property state, which generally means any property acquired during a valid marriage by a husband or wife is considered joint property.
Sections 760 and 771 of the California Family Code outline the state law pertaining to community property. During a divorce proceeding, a judge will equitably divide community property based on possession, the earnings of both parties and the length of the couple’s marriage. (Remember equitable does not necessarily mean equal.) Unless there is a valid prenuptial agreement, California community property will apply if the couple divorces here.
A pension is often the most valuable asset in the marriage, and you should consult to a qualified California family law attorney before agreeing to any terms of a property division. Procedures for dividing a pension can vary greatly depending on the type of pension. Certain types require the pension be joined and named as a party to the divorce before a judge can rule on how it will be divided.
Once the court decides how a pension will be divided, if at all, the court must issue a qualified domestic relations order (QDRO). Courts often look to the parties’ attorneys to provide a proposed QDRO, which should be preapproved by the benefits provider to eliminate multiple submissions to the court.
It should be noted, that if you are in a same-sex marriage or domestic partnership, your union is not yet recognized by federal law. Since pension plans are governed primarily by federal law, there may be special rules that apply to your case.
If you are involved in a case that involves the splitting of a pension plan, the Law Offices of Judy L. Burger will aggressively pursue the best outcome possible for you in your divorce proceedings, including a fair distribution of retirement assets and pension plans.
Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the San Francisco Bay and Sacramento areas. If you are facing divorce, 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.
Breaking up in California
At its core, a marriage is a contract. Like other contracts, when one party fails to live up to the agreed terms, the contract can be considered broken and the other party may want out. To be released from the marital contract, you will likely need to pursue one of three actions: divorce, legal separation, or annulment.
As we’ve discussed before, California is a “no-fault” state. To support a petition for divorce, you need only allege irreconcilable differences. If you’ve properly reached agreements regarding child custody and property divisions, you may meet the criteria for a summary dissolution, the quickest of all divorces in California.
The fact that divorce is common does not make it any easier to face. Going through a divorce can be one of the most stressful times in a person’s life and should not be taken lightly. The terms of a divorce can stay with you the rest of your life, affecting your financial stability, existing family relationships, and future family relationships.
While divorce is by far the most commonly used method of ending a marriage, it is not the only option. Some couples have reasons to seek a legal separation rather than a divorce. Some reasons a couple may choose a legal separation include:
Wanting to live apart and get orders from the court about money, property, and parenting issues.
Avoiding a divorce for religious reasons.
Avoiding a divorce because of other personal beliefs.
The couple does not meet the residency requirements to file for divorce in California, and they do not want to wait to put distance between themselves.
Avoiding a divorce because of financial reasons such as health insurance and spousal benefits.
A legal separation is not the same thing as a divorce, and a person who is legal separated cannot get remarried. He or she is still legally married.
The third method of dissolving the marital contract is an annulment. Once annulled, in the eyes of the law, your marriage never occurred. An annulment can be granted due to a circumstance at the time of the marriage that rendered the marriage void as though it never happened.
These are the basics, but here are many more factors to consider when deciding how to best go your separate ways. At the Law Offices of Judy L. Burger, we will discuss your situation and help you choose the best course of action to meet your goals.
Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the San Francisco Bay and Sacramento areas. If you are facing divorce, 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.
Changing Child Support in California
When your divorce was final, either you or your spouse was probably awarded primary physical custody of your children. At that time, the court took many factors into consideration to determine what amount of child support the non-custodial parent would pay to the primary custodial parent. Although California has statutory child support guidelines that can be used to estimate child support, the commissioner or family law judge has authority to make the final decision.
With the passage of time, circumstances often change. You may feel as though you are paying excessive child support under the circumstances, particularly if your income suffered a setback during the recent recession. On the other hand, you may believe you are receiving too little child support due to similar circumstances on the receiving end.
Some common reasons to seek a child support modification include changes in the receiving parent’s income, changes in the paying parent’s income, changes in the relative time spent with the children, changes in child care costs, and other factors related to the welfare and wellbeing of the child.
There are a couple of ways to go about changing child support in California. One method is to simply contact your former spouse and discuss the reasons you need the change. If the two of you can reach an agreement, you should put it in writing and have it made into a court order immediately, preferably with the help of an experienced California family law attorney.
If you and your former spouse cannot agree to modify child support, then you will need to seek the help of an attorney experienced in aggressively litigating family law matters to petition the court for a modification.
If you feel that your child support order is due for a modification, contact an experienced, aggressive family law attorney. At the Law Offices of Judy L. Burger, we will discuss your options with you and persistently pursue the best outcome possible for you in modifying your child support order.
Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the San Francisco Bay and Sacramento areas. If you are a parent looking to review your support order, 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.
Supervised Visitation in California
Divorce is usually a difficult time for families, but can be viewed as a process necessary to move to a more fulfilling, happy, and stable phase of life. When a divorce is the result of one parent’s terrible job of being a parent, there is no need to make the children continue suffering. It may be necessary to protect the children from being alone with a parent who is not fit to have unsupervised visitation.
In California, a court may find that a parent is unfit to be alone with his or her children and require visits to be supervised by a third party. Some common reasons a court may order supervised visitation include the following:
To give the visiting parent a chance to address specific issues;
To help reintroduce a parent and a child after a long absence;
To help introduce a parent and a child when there has been no existing relationship between them;
When there is a history or allegations of domestic violence, child abuse and neglect, or substance abuse;
When there are parenting concerns or mental illness; or
When there is a threat of abduction by the non-custodial parent.
In addition to establishing supervised visitation, a court may also determine when, where, and how long visitation will take place, along with who will supervise visits. If you are going through a difficult divorce and have concerns over the safety of your children during post-divorce visits, contact us immediately to review your case and help you determine the best strategy for protecting your children.
Likewise, if you feel visitation is being wrongfully withheld due to unfounded allegations that you are an unfit parent, contact us to discuss your options and help you restore your healthy relationship with your children.
The Law Offices of Judy L. Burger can assist you in fighting for your rights and those of your children in a visitation or custody dispute in California. Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the San Francisco Bay and Sacramento areas. If you are a parent with a visitation or custody issue, 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.
Military Divorces on the Rise
Our nation’s tumultuous economy and the high-tempo deployment environment are both likely factors influencing the growing divorce rate among military couples in the last ten years. More military marriages ended in divorce in 2011 than civilian marriages. Longer and more frequent deployments put an enormous strain on families, and the added stress in the marital relationship is often more than either spouse can handle.
California is home to a large part of the U.S. military, with twenty-one major military installations, and over two hundred thousand total military personnel assigned to locations within our state, so many military divorces take place here.
Both spouses should be aware that divorced military spouses may be entitled to a portion of the member’s retirement pay, Commissary and Base Exchange privileges, Survivor Benefit Plan, and even healthcare coverage. If you are on either side of the equation – military member or non-member – be sure your rights and future benefits are protected. Contact us to discuss your situation and let us help you fight for the best outcome possible.
At the Law Offices of Judy L. Burger, we will persistently pursue the best outcome possible for you in your divorce proceedings. Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the San Francisco Bay and Sacramento areas. If you are a spouse facing divorce, 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.
Collecting Unpaid Child Support
Let’s face it. Life doesn’t always go as planned. Your dreams of wedded bliss may have gone up in smoke when Prince Charming or Cinderella rode off into the sunset with someone else or decided family life was not all it was cracked up to be. You may be left raising the children on a very tight budget, especially if the other parent is not paying his or her court-ordered child support payments.
As adults, we have to accept the consequences of our decisions, good or bad. But it certainly isn’t fair to make the children suffer, too. A parent’s refusal to consistently help support his or her children is not taken lightly by courts, but nothing will change if you don’t take a stand and bring the matter to a court’s attention.
In California, you have options for pursuing the payment of court-ordered child support. The state offers services to California families through the California Department of Child Services. Another option is to use a private attorney who is experienced in family law and child support cases.
An experienced family law attorney knows the tactics used by parents who refuse to pay child support, including changing jobs frequently, moving from state to state, working for cash and childish defiance of the court order. At the Law Offices of Judy L. Burger, we will persistently pursue the best outcome possible for you in collecting back child support.
Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the San Francisco Bay and Sacramento areas. If you are a spouse facing divorce, 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.
Marital Debt in Divorce
If your marriage is on the rocks and a divorce trial is looming, you may not be in a bargaining mood, especially if the subject is who will end up paying off the marital debts. It is important to understand how California treats debt incurred during the marriage and which factors a divorce court will consider in deciding who gets which debts.
California is a community property state, which generally means debts incurred by either spouse during the marriage belong equally to both spouses. Thus, it may not matter which spouse signed up for a credit card or bank loan. Both spouses may be liable for the balance owed.
Absent an agreement otherwise, the divorce court will decide how to divide the debts between the spouses. While the division of debts should be equitable under the law, it is important to remember that equitable does not always mean equal. Courts may assign a larger portion of the marital debt to one spouse based on a comparison of their circumstances, including earning potential and anticipated post-divorce net worth.
If spouses reach an agreement regarding the division of debt, the agreement must be reduced to writing and incorporated into your final judgment of divorce. Do so will make payment of debts by respective spouses enforceable by the other as a “family law money judgment.”
Going through a divorce is difficult enough without being forced to start over with an unfair portion of marital debt strapped to your back. Let us review your case and help you fight for an outcome that will give you the best chance for a brighter future.
At the Law Offices of Judy L. Burger, we will persistently pursue the best outcome possible for you in your divorce proceedings, including a fair apportionment of marital assets and debt. Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the San Francisco Bay and Sacramento areas. If you are a spouse facing divorce, 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.
Grandparent visitation
A photo popped up on my Facebook feed recently with a caption that said, “Grandchildren are your reward for not killing your children.” While some parents may be clinging to this hope during their kids’ teenage years, others are wondering when they will see their grandchildren after a son or daughter’s divorce.
Fortunately, California law allows grandparents the right to petition the court for visitation. The general standard for a court to order grandparents’ visitation requires grandparents to show the following evidence:
The grandparents must show that there was a pre-divorce relationship between the grandparents and a grandchild that has “engendered a bond.” This means that there is such a bond between grandparent and grandchild that continued grandparent visitation is in best interest of the grandchild, and
The grandparents must show that it is in the best interest of the child to have visitation with the grandparents, and that such best interest can be balanced with the parents’ rights to make decisions about their child.
If you are a grandparent grieving your child’s divorce and the loss of regular visitation with your grandchild, contact an experienced California family law attorney as soon as possible. The risk is that if you wait too long, a court may find that any bond which existed before the divorce deteriorated while you rested on your rights. Contact us today without delay.
The Law Offices of Judy L. Burger can assist you in fighting for your rights as grandparents. Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the San Francisco Bay and Sacramento areas. If you are a grandparent with a visitation issue, 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.
Divorce in California
No-fault divorce is a catch-phrase that refers to the fact that a spouse seeking a divorce does not have to show fault of the other spouse to get a divorce. California was the first state to adopt no-fault divorce laws and the other forty-nine states have since passed similar laws. Though time periods and other prerequisites vary from state to state, a spouse can generally get divorced by simply alleging irreconcilable differences, incompatibility, or an irretrievable breakdown of the marriage.
Even though a spouse is not required to show fault of the other spouse to get a simple divorce, it may be in a spouse’s best interest to allege and prove fault to get a better outcome related to child custody, alimony, and division of property. Your attorney should be prepared to strategically use the other spouse’s fault to achieve the best possible outcome for you.
Some common grounds of fault include abandonment, adultery, drug or alcohol abuse, anger management issues, criminal conduct, and failure to care for or provide for children. Many other grounds for a finding of fault exist, so you should discuss your marriage openly with your attorney in the beginning stages of your divorce proceedings and thereafter.
At the Law Offices of Judy L. Burger, we will persistently pursue the best outcome possible for you in your divorce proceedings, whether you need to demonstrate the other spouse’s faults, or defend such claims. Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the Sacramento and San Francisco Bay areas. If you are a spouse facing divorce, call us today to learn more about how we can help. Call (916)631-1935 in the Sacramento area, or (415)293-8314 in the San Francisco Bay area, or contact us online via our confidential inquiry form.
Substance Abuse and Divorce in California
California courts hold the parent-child relationship sacred, as it should be. Translated to divorce terms, this means courts will generally award joint legal and physical custody to both parents in divorce and custody proceedings, with few exceptions.
One exception to the general rule favoring joint legal and physical custody is when one parent has ongoing substance abuse problems. Habitual or continual use of controlled substances or alcohol by either parent can have devastating consequences on the children.
Of course, as with any allegation of fault, the party making the claim must provide proof or risk having a claim backfire and weaken the party’s own case. If you reasonably believe your spouse has a substance abuse problem, bring the issue to your attorney’s attention immediately and discuss whether or not you should request court-ordered drug testing.
In California, section 3041.5 of the Family Law Code provides that courts may order drug and alcohol testing via urine tests in divorce cases:
In any custody or visitation proceeding brought under this part, as described in Section 3021, or any guardianship proceeding brought under the Probate Code, the court may order any person who is seeking custody of, or visitation with, a child who is the subject of the proceeding to undergo testing for the illegal use of controlled substances and the use of alcohol if there is a judicial determination based upon a preponderance of evidence that there is the habitual, frequent, or continual illegal use of controlled substances or the habitual or continual abuse of alcohol by the parent, legal custodian, person seeking guardianship, or person seeking visitation in a guardianship. ….
One vitally important note to remember is that a court will most often order drug testing of both spouses, not just one, so if you suspect your test results may indicate the presence of a controlled substance, you need to tell your attorney before drug testing is requested. Also keep in mind that test results are confidential and a spouse can be held liable for violating that confidentiality.
Another important point is that California law does not permit hair follicle testing to be ordered by a court. A party may be able to successfully object to hair follicle testing if it was ordered.
If you are successful in proving an ongoing substance abuse problem, you may be awarded full legal and physical custody, along with continued substance abuse testing of the other parent, and even supervised visitation in some cases.
Because each case is fact-specific, you should consult with an experienced family law attorney before requesting or submitting to drug and alcohol testing if at all possible. The Law Offices of Judy L. Burger can assist you in fighting for your rights and those of your children in a divorce or custody case in California. Judy L. Burger is known for her aggressive representation of clients in high conflict cases in and around the Sacramento and San Francisco Bay areas. If you are a parent with a visitation or custody issue, call us today to learn more about how we can help. Call (916)631-1935 in the Sacramento area, or (415)293-8314 in the San Francisco Bay area, or contact us online via our confidential inquiry form.
