When you hear the term “prenup” or prenuptial agreement, it may conjure images of extremely wealthy or famous people. However, these legal instruments can also be helpful to people of ordinary means. Therefore, depending on your finances and relationship, having a prenuptial agreement in place before you walk down the aisle may be a good move for you and your future spouse. Here are 5 reasons to get a California Prenup: Continue reading
After divorce, there can be circumstances when a parent has the right to see their kids but fails to do so. If your ex is not involved in your kids’ lives, you may think: My ex doesn’t see my kids. Can I terminate their parental rights? Continue reading
When a couple goes through a divorce, one of the main issues they will face is how to divide their shared property and funds. During this process, you may hear that your marital assets are considered “community property.” Those unfamiliar with this term may be wondering, what is community property? Here is what you need to know about California divorce and community property: Continue reading
Maybe you are considering divorcing your spouse. Maybe you have already decided to end your marriage but don’t know where to go for help. We encourage you to get help, but not just any help. You need the right legal representation, so here are some tips on how to find a divorce attorney who rocks. Continue reading
Simon felt his wife, Terry, was behaving suspiciously. He felt the strong urge to find out what she was up to, but he wasn’t sure what to do. Simon wondered if you can legally snoop on your spouse. Hopefully, he will check with an attorney before doing anything.
Wiretapping, Eavesdropping, and Surveillance – Oh, My!
Some of the ways you might use to snoop on your spouse include:
- Installing hidden cameras,
- Putting a tracking device on their car,
- Adding keylogging software to electronic devices,
- Accessing private email and bank accounts, and
- Hacking into password-protected devices.
All of these are a terrible idea and could violate a number of laws.
For example, in California, you can put up security cameras around and even in your home. However, audio recordings are prohibited unless all parties give their consent.
More importantly, recording devices cannot be installed where your spouse or other parties have the right to expect privacy.
Right to Privacy in a Marriage
You and your spouse share a home, a bed, and probably at least one bank account. However, you each have the right to keep certain information private. Your spouse is bound by the same surveillance or snooping laws that keep your neighbor from wiretapping your phone.
Grounds Not Required – So Why Snoop on Your Spouse?
You might be tempted to legally snoop on your spouse.
What you find might firm up your decision to file for divorce – while causing a lot more heartbreak. However, not only will the information probably be inadmissible in court, but you don’t even need it. California is a no-fault divorce state, which means you do not need grounds for divorce.
Breaking the Law Hurts You
Depending on what you find, your spouse might not be held accountable for his or her actions. However, you could find yourself on the wrong side of the law. When you snoop on your spouse, you could be breaking laws regarding illegal surveillance and the right to privacy.
Anyone else you happen to surveil could be angry enough to press charges if you broke the law. It’s simply better all-around to talk to an experienced California divorce attorney before doing anything. There might be ways to legally investigate your spouse’s activities.
Talk to Us Before Trying to Legally Snoop on Your SpouseThe 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 with divorce matters in San Francisco, Beverly Hills, Marin County, Santa Barbara, Ventura/Oxnard, San Diego, San Jose, Gold River (Sacramento), and surrounding communities.
California LawsEvery state has its own family laws. While some states do not recognize legal separation, California law does allow legal separation of both marriages and registered domestic partnerships. However, the parties will go through a formal court proceeding. To start the process, one spouse files a petition with an appropriate court asking for a legal separation. The other spouse has 30 days to answer the petition for legal separation. After considering issues like child support, custody, property, and spousal support, the court decides whether to allow a legal separation. You may be wondering why a couple would go to the trouble of obtaining a legal separation rather than just getting a divorce.
Marital StatusDuring a legal separation, the parties are still married and so cannot marry anyone else. For some people, this is an advantage.
PropertyAfter a judge approves the legal separation, the “earnings and accumulations of each party are the separate property of the party acquiring the earnings or accumulations.” Separation of earnings may be a compelling reason for some couples to legally separate.
ReligionSome may prefer legal separation to divorce because some religions do not condone divorce. The couple can live apart without breaking religious laws.
ResidencyTo obtain a divorce, either party has to meet California residency requirements:
- At least one spouse must have lived in California for the past six months, AND
- That spouse must have lived in the county where the divorce will be filed for the past three months.
Legal Separation May Be a SolutionOur couple, Brad and Sheila, preferred the legal separation because it gave them time to adjust to the reality of divorce before actually divorcing. At some point, they may choose to convert their legal separation to a divorce or end the separation by reconciling. 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.
Divorce is a highly personal experience. Most people would prefer to keep details about their divorce within their circle of friends and family. In California, though, most court proceedings are maintained as a matter of public record. Divorce is no exception, but there may be things you can do to keep at least some of your divorce records private.
Documents filed under what’s called a ‘sealed cover’ are not accessible to the public. Family law documents that include the following information may be filed under a sealed cover:
- Healthcare records;
- Financial records;
- Identifying information about minors; and
- Information about the identity of a victim of domestic or sexual violence.
If your divorce papers include this type of information, consult with your attorney about ensuring the information is filed under sealed cover.
Motion or Application to Seal
Some documents containing embarrassing or highly personal information are not automatically filed under a sealed cover.
To have these records kept confidential, your attorney may file a motion to seal the record. The motion will be served on all parties. The court then may enter an order granting or denying the request. If granted, not only will the records be hidden from the public, but other parties generally will be prohibited from disclosing information they learn from sealed records.
The term ‘redaction’ means marking out sensitive information in a document. Information may be redacted from documents that are public record. Protected data includes social security numbers and financial account information. So, if you must provide information to the court or opposing counsel that includes your bank account numbers, for example, the account numbers can be redacted.
Learn More About Filing for Divorce
In general, you cannot keep all your divorce records private. However, your attorney may be able to get the court to seal records under certain circumstances.The attorneys at the Law Offices of Judy L. Burger are experienced at all phases of divorce proceedings. Call us at 415-293-8314 to schedule a private appointment or visit our website. We maintain offices in San Francisco, Marin County, Santa Barbara, Ventura/Oxnard, San Jose, Gold River (Sacramento), Roseville, and surrounding communities.
Sometimes only one person in a marriage wants a divorce. The other spouse may threaten to put up roadblocks such as not answering the petition for divorce. Can your spouse really prevent the divorce by failing to respond? Fear not. Your spouse’s lack of participation in the proceedings will not prevent you from getting a divorce.
In California, you begin the process to end your marriage by filing in superior court a petition for divorce (form FL-100) and a summons (form FL-110), along with other documents. After you have filed these documents, you must have a copy of each served on your spouse. This is called service of process, and it is done by having someone personally deliver the documents to a spouse living in California or by mailing the documents certified mail to a spouse residing out-of-state. The person or service that delivered, or served, the documents on your spouse files proof of service in the court.
The summons informs your spouse that he or she has 30 days to respond to the petition for divorce. The 30-day time period begins to run on the day your spouse is served with the petition and summons. Your spouse can respond by agreeing to the requests in your petition or by opposing your requests. But how do you move forward with the divorce if your spouse does not respond at all?
Although your spouse has 30 days to respond to the petition for divorce, you are not automatically divorced once that time period has passed without a response. The earliest your divorce could be final is six months from the date the petition for divorce was served, but you may still move your case forward during the six-month waiting period. After the 30-day response period has run, and if you and your spouse do not have a written agreement, you may ask the court to enter a default judgment called a “true default.”
To obtain a true default judgment, you need to file the original and two copies of the following forms:
- a Request to Enter Default (Form FL-165);
- a Declaration for Default or Uncontested Dissolution or Legal Separation (Form FL-170);
- a Judgment (Form FL-180); and
- a Notice of Entry of Judgment (Form FL-190).
Additional forms may be required as well, such as the additional forms required if you are asking for custody, child support, spousal support, or partner support. Each county may require its own forms also.
Once you have filed these forms, the clerk of court will mail a copy to you and to your spouse. If your spouse does not oppose default or respond to the court in any way, the court will enter a default judgment. In the case of a true default, the court will grant the requests in your petition, but the court does not grant the divorce until at least six months have passed since you served your petition for divorce.
At a later date, your spouse may try to oppose the entry of default judgment by arguing surprise, mistake, or excusable neglect. In such a case, you may be required to appear in court for a hearing. After hearing arguments on both sides, the court will either grant default judgment or deny the same, but at least your case is proceeding.
Obtaining a “true default” defeats an opposing spouse’s attempt to stop or slow down the divorce, but it also has some downsides. In a case with a true default, you must also file a property declaration, which is a public record, and the court must divide property equally between the parties.If your spouse is attempting to thwart your divorce by not responding to the summons, consult a qualified family law options to discuss your best options. The attorneys at the Law Offices of Judy L. Burger are experienced in difficult divorce proceedings and what it takes to sort out complexities when your spouse fails to respond. Call today to see how we can help you: (415) 293-8314.
California’s legal option for domestic partnerships remains intact for eligible partners who wish to “share one another’s lives in an intimate and committed relationship of mutual caring.” Domestic partnerships provide a viable alternative to marriage for those who meet the legal requirements.
A couple who wishes to register their domestic partnership must meet certain requirements under California law:
- Each person must be single, meaning neither married nor in another domestic partnership.
- The two may not be related in a way prohibited by California law.
- Each person must be at least 18 years old.
- Each person must be legally able to consent to enter into a domestic partnership.
In addition, the people must either be of the same sex or at least one of the individuals must be older than 62. If either of the partners is less than 18 years old, either parental or judicial consent is required.
Domestic partnerships are registered with the California Secretary of State. After the necessary paperwork is filed, each partner has the “same rights, protections, and benefits,” as well as “the same responsibilities, obligations, and duties” as do married spouses. California law also provides domestic partners with protection against discrimination by state agencies.
California also offers registration of confidential domestic partnerships. While most domestic partnerships are a matter of public record, a confidential domestic partnership “is a permanent record that is not open to the public.” The members of a confidential domestic partnership may obtain a copy of their filing documents. However, no one else may obtain a copy unless they can produce a certified copy of a court order.
The United States Supreme Court’s opinion that required states to license same-sex marriages did not change California’s domestic partnership law. Couples may still take advantage of domestic partnerships to formalize their relationship if they so choose.
If you need the assistance of an experienced California family lawyer, the attorneys at the Law Offices of Judy L. Burger can help. Make the call today if you have questions about California family law: (415) 293-8314.
It is human nature to not want to disclose financial details with your soon-to-be-ex spouse. However, when you are involved in a legal proceeding for dissolution of marriage, legal separation, or nullity, it is mandatory that you do so. In fact, failing to make full and accurate disclosures can have severe consequences.
Under California law, spouses must act as “fiduciaries” to one another. This is an obligation of the highest order, requiring each spouse to deal with the other in “good faith” and not to take “unfair advantage” of the other. The fiduciary duty continues past the date of separation even while the divorce case is pending. The fiduciary duty also applies when it is time to make mandatory financial disclosures during the legal proceedings.
California law provides for the systematic disclosure of financial information between the spouses. Complete and accurate disclosure is important for several reasons:
- It prevents the parties from dissipating assets before the court officially distributes them.
- It helps to “ensure fair and sufficient child and spousal support awards.”
- It helps the court divide the couple’s assets and liabilities.
- It helps reduce acrimony between the parties.
The first disclosure is considered preliminary and consists of two main documents: the “Schedule of Debts and Assets” and the “income and expense declaration.” These documents are both basic inventories. The first document must list all actual or potential assets and liabilities, regardless of how they are titled or listed on paper. The second document must provide information about each party’s income and expenses. Both parties have an ongoing duty to update these documents immediately if there are any material changes.
The second disclosure is called final. The final disclosures provide much more detail about each party’s financial information. These documents must provide “all material facts and information” about assets, liabilities, community property, community obligations, and party income and expenses.
California laws include specific requirements that must be met in financial disclosures. If these requirements are not met, the court can impose monetary sanctions, including attorney’s fees and costs, and can hold the party in contempt of court. The attorneys at the Law Offices of Judy L. Burger have extensive experience in family law matters, including financial disclosures. Contact us today to learn how our attorneys can help you in your case: (415) 293-8314.