California Divorce

If It’s Time to Test the Prenup, Be Sure You Get a Real Lawyer

 Cheat

Like it or not, “reality” TV is part of our popular culture and news about the participants’ personal problems is seldom secret for long.   Breakups are among the juiciest tidbits we get to see plastered on the Internet and supermarket tabloids.  But rather than gossiping for gossip’s sake, we want to look at one breakup scenario and point out the real (real) life lessons we can learn from other people’s issues. Breakup in point:  Adrienne Maloof and Paul Nassif.  E! News recently reported that Adrienne and Paul have separated and appear on the verge of calling it quits after ten years of marriage.  The good news for Adrienne, who gained celebrity status from her stint on the Real Housewives of Beverly Hills, is that she and Mr. Nassif signed a prenuptial agreement before they got married. The irony is that odds are good Paul pushed for the premarital agreement in the first place — he is a cosmetic surgeon. The real question now is whether the premarital agreement will be deemed valid and binding on the parties so as to protect Adrienne’s cash earned from her Housewives role. E! reported that things are getting testy between Adrienne and Paul, and the divorce might turn into a nasty battle.  Not only do they have significant assets between them, they have three children under the age of ten. At least two life lessons have already surfaced.  First, if you are going to have a premarital agreement, be sure it is drafted by a sharp attorney who knows and regularly practices California family law.  Second, if a time comes when you need to enforce the prenup, be sure to hire the most skilled and aggressive advocate you can find as quickly as possible.  In fighting or enforcing a prenuptial agreement, the best defense is a good offense. If you need a premarital agreement, or need to enforce or defend against a premarital agreement, contact an experienced and aggressive California divorce lawyer at the Law Offices of Judy L. Burger.   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. Call us today to learn more about how we can help at (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.
Annulment, California Divorce, Legal Separation

Planning for a Divorce in California

Erase Getting divorced is seldom a walk in the park.  Nobody gets married planning to go through a divorce sometime down the road.  But, life happens and people sometimes change or grow in different directions.  As family law attorneys, we see the effects of such changes every day.  The most common phrase we hear is “He (or she) is not the same person I married.” If divorce seems to be looming on the horizon, this is not the time to ignore the problem and hope it goes away.  Face the issue head on and start planning to ensure the best outcome possible. It goes without saying that choosing the right divorce lawyer is the first critical step in a divorce.  A consultation does not necessarily mean a commitment, but a qualified, experienced California divorce lawyer can answer questions you didn’t even know to ask.  A consultation is well worth the cost if it can save you thousands of dollars in costly mistakes. For those who plan to seek custody of the children, it is not too early to start a journal.  Chronologically record specific events that relate to your spouse’s interaction and relationship with the children.  Your attorney can help you distinguish which events are more important than others. Finally, put your accountant’s hat on and list all of the assets and debts you believe should (or shouldn’t) be included in the marital pie. Instead of thinking of divorce as an ending, think of it as a beginning.  You will have a chance to spend time thinking, planning, and dreaming.  Better relationships can be built with your children and extended family.  You will have a fresh opportunity to become comfortable with who you are rather than what someone else wants you to be.  And when you’re ready, you will have a chance to start over. 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.
California Divorce

Do I Need a Lawyer If My Spouse and I Are Going to Mediation?

Man holding question mark In a perfect world, mediation can be a fair way for a divorcing couple to compromise and settle disputes over child custody and visitation or decide how to divide marital property.  But, circumstances are not always ideal and an unfair mediation session can leave a party feeling used, intimidated, and hopeless. In California, parties arguing over custody must attend mediation before a judge will hear their case. Trouble arises when the husband or wife feels the mediation process is weighted in the other spouse’s favor.  Though many family court mediators have significant training and experience in family law, mediators – like lawyers and judges – are still human.  A mediator may hold a bias and not realize it. Other instances where a person can feel shortchanged by mediation are when one spouse is more educated about the divorce process than the other (seeming to have inside information) or when intimidation was present in the marital relationship. One way to overcome these potential snags is to be well prepared for mediation.  Educate yourself about the divorce process and California’s law and policy regarding family separation issues.  Make a list before mediation of which points are negotiable and which are not. Finally, although your attorney may not be permitted to sit through all of the mediation process with you, your attorney will prepare you for this process prior to your appointment.  If you have any doubts about the quality of the mediator, about your knowledge of family law, or if you feel intimidated in any way by your spouse or the process itself, then the best court of action is to show up for mediation equipped with a strong advocate on your side. At the Law Offices of Judy L. Burger, we will persistently pursue the best outcome possible for you in your divorce or quasi-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 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.
Annulment, California Divorce

Will You Change Your Name When You Get Married or Divorced?

Engagement As a rule, this question is not the first thing people think of when considering marriage or divorce, but it is a big decision with many benefits or consequences.  Besides the social issues, a name change may present logistical challenges that must be overcome carefully and thoughtfully. Traditionally, a wife changed her last name to her husband’s last name, and that is still the most common choice.  Other options exist, including one or both spouses hyphenating their last names to form a new last name. If you decide to change your name at the beginning or end of a marriage, one of the most important entities that must be satisfied is the Social Security Administration (SSA).  Expect headaches come tax time if the name on your tax returns differs from the information maintained by the SSA.  To notify the SSA, file a form SS-5, Application for a Social Security Card and submit it with the necessary attachments.  Take care to completely fill out the correct forms and include the proper supporting documents. If you are changing your name pursuant to a marriage, the SSA will require an original or certified copy of your marriage certificate.  You can probably get this document from the county clerk in the county where you got married. If you are changing your name due to a divorce, the SSA requires an original or certified copy of your final divorce decree.  You should keep a couple of certified copies on hand, especially if you have children, because it’s practically inevitable that you will need a certified copy at some point.  The clerk of court in the county where you were divorced will make certified copies for a nominal fee. One important note is to be sure to notify your attorney before your divorce is final if you wish to change your name after the divorce.  Your attorney should then ensure that the necessary language is included in the final decree to facilitate your post-divorce name change. 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 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.
Annulment, California Divorce, Domestic Violence, Legal Separation

What are California’s Rules for Spousal Support?

When is Spousal Support Allowed?
When is Spousal Support Allowed?
Spousal support, also known as alimony, is a payment made by one spouse to the other for support during or after legal separation or divorce.  A party can ask the court in his or her first filing to award temporary alimony to help the party meet expenses during the divorce. Similarly, a party seeking a domestic violence restraining order may also seek spousal support. A judge must consider certain factors before awarding spousal support, such as the ages of the parties, the standard of living of the parties during the marriage, the earning capacity of both parties, and the length of the marriage or domestic partnership.  Domestic violence committed by one party against the other may also be considered. Spousal support generally falls into one of two categories depending on the intended purpose of the alimony.  Rehabilitative alimony is intended to help a spouse get on his or her feet financially and usually is limited to a specific amount of time.  Permanent alimony may include monthly payments, lump sum payments, annuity payments, or trust payments.  Permanent alimony usually terminates upon the remarriage or romantic cohabitation of the receiving spouse or upon the death of either party. The Law Offices of Judy L. Burger can assist you in pursuing or defending a claim for spousal 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 in need of assistance regarding alimony, 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.
California Divorce

Premarital Agreements in California

Protecting Your Assets
Protecting Your Assets
A prenuptial agreement, or premarital agreement, is an agreement parties may sign prior to their wedding concerning the terms of a breakup in the event the marriage fails.  For many people, the term “prenup” evokes images of the rich and famous arguing over whether their premarital contract is valid.  Thankfully, that is not always the case. The common perception is the wealthy use premarital agreements to protect themselves in the event their fiancé is marrying them for the wrong reasons.  The truth is, many people could benefit from the peace of mind that comes with a prenuptial agreement.  Some factors to consider addressing in a premarital agreement include:
  1. Wages
  2. Division of assets
  3. Distribution of death benefits
  4. Trusts and Inheritances
  5. Division of debt
  6. Spousal Support/Alimony
If you are a business owner or have assets from a prior marriage or inheritance that you want to protect for existing children or other reasons, a premarital agreement may be right for you.  Contact the Law Offices of Judy L. Burger to discuss your situation and determine which options to pursue. 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 considering entering into a premarital agreement, 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.  
California Divorce

How Will a Pension Be Divided in a California Divorce?

Splitting a pension
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.
Annulment, California Divorce, Legal Separation

Facing a Divorce, Separation, or Annulment in California

Breaking up in California
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.
California Divorce, Child Support

How to Change Child Support in California

Changing Child Support in California
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.
California Divorce, Child Custody, Visitation

Protecting Children from an Unfit Parent in California

Supervised Visitation in California
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.