Get the Best Result by Working With Your Divorce Lawyer
California Divorce

Get the Best Result by Working With Your Divorce Lawyer

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Divorce proceedings can sometimes take a while to reach a conclusion. This period of time can sometimes feel lonely as your world and relationships are reshaped.  One person with whom you do not have to reshape a relationship is your divorce attorney. Typically, you did not know this person before you needed legal representation. It is important to remember that working with your attorney can be one positive relationship during a difficult time.

The key to a positive relationship with your attorney is communication. Sometimes, clients are reluctant to tell their attorneys the whole story about their marital relationships and what led to the breakup. This is understandable. Many details are intensely private, maybe even embarrassing. Consequently, some may choose to leave out ugly details, and some may trick themselves into thinking some things are not really relevant.

It is important to recognize that a divorce attorney is the best person to determine whether information is relevant. An experienced attorney has “heard it all.” She is not likely to be shocked or surprised by anything you reveal. In this regard, telling the whole story can actually have a therapeutic effect. Knowing that others have had the same or worse issues can help you breathe a sigh of relief and open up about relevant details. And remember, your lawyer is there to help you. When the two of you communicate about your case, those communications are private.

Another aspect of communication is to keep your attorney apprised of any developments while the action is pending. Actions taken by you or your spouse with regard to marital property, harassment, or child issues could have an effect on the proceedings. Even if you have done something you should not have, tell your lawyer. The worst thing you can have happen is for your attorney to be surprised in a hearing before the judge with information about inadvisable conduct on your part. Likewise, if your spouse has acted inappropriately, your attorney will know whether and how to use that information to benefit you and your children.

A third aspect of communication is your documentation of income, expenses, marital assets, and private assets. You can’t rely on memory for this type of information; records are essential. Make sure you provide all necessary records and, again, do not assume something is not relevant or needed on your own. In a court of law, a fact is not true unless backed up by proof. Written documents are often necessary to establish proof.

If you work well with your attorney, you have the best chance of achieving the best possible result in your divorce. What’s more, working well with your attorney provides you with a positive influence and maybe even strength during a trying time.

For compassionate legal counsel during this difficult time, contact the experienced family attorneys at the Law Offices of Judy L. Burger. We will provide legal support tailored to your specific situation. Make the call today to learn how our attorneys can help: (415) 293-8314.

California Divorce

How a “Typical” Divorce Case Proceeds

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How a Typical Divorce Case ProceedsBeing a party to a divorce proceeding is no walk in the park. The emotional toll of ending a relationship is enough for it to qualify as one of life’s least desirable experiences. Actually navigating the divorce process through the court system can also take its toll, but the state does provide a framework that allows for amicable or adversarial proceedings, depending on the desires of the parties.

Naturally, a divorce case begins with a decision by one or both parties to a marriage that the union should end. At this, and any other point in the process, the parties are free to mutually agree to terms of the divorce, including allocation of property, child support and custody, and spousal support. In this best of circumstances, the parties can file the appropriate documents with the court and seek a divorce order reflecting their mutual agreements. 

Whether or not mutual agreement is reached, the divorce must be initiated by the party seeking the divorce (called the petitioner) filing a petition with the appropriate court. The petitioner must also have a copy of the petition independently served on her spouse. The responding party then may file a response with the court within 30 days of having been served with the petition. Just as with the petition, the response must be independently served on the petitioner. 

After the proper filing of the petition and response, the parties will exchange financial documents that show their assets, such as money and property, as well as their earnings. Assets attained during the marriage are normally considered to be marital property—that is—owned by both parties and subject to equitable distribution. Assets owned by a party prior to the marriage or attained after separation are usually considered the separate assets of that spouse. 

If the parties have not reached a mutual agreement for the terms of their divorce, the court will hold a hearing to allow both sides to present their views of how the assets should be divided, whether spousal support should be paid, custody plans, and child support for minor children. The court will ultimately issue a decree officially ending the marriage and spelling out the terms of the divorce. 

The process is pretty straightforward, but it can become very convoluted. Bitterness and anger often prompt excessive legal wrangling. In addition, complex financial issues, such as business and other asset valuation, can complicate the proceedings. 

If you need assistance in a family law proceeding, you should consult with an experienced California lawyer. The attorneys at the Law Offices of Judy L. Burger will provide authoritative legal support tailored to your specific situation. Make the call today to learn how our attorneys can help: (415) 293-8314.

 

How to Help Your Kids during Your California Divorce
California Divorce

How to Help Your Kids during Your California Divorce

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Looking for expert advice about how to help your children cope during your divorce is a solid first step. When children learn that their parents are divorcing, it can feel like their world is spinning out of control. Fortunately, as parents, you have a great degree of influence and can help your children adjust to this new chapter in their lives.

The single most important thing that parents can do to help their children cope with divorce is to keep the kids out of the conflict. Research has shown time and again that it is not divorce itself that leads to so many of the negative consequences for kids; instead, it is how the parents handle the divorce that is the best predictor of how kids fare.

Here are some ideas to help you avoid drawing your kids into parental conflict:

  • Don’t tell your children the details of why you are divorcing or place blame on the other parent.
  • Store important documents and communications, such as letters and emails, in a place where your kids won’t see them.
  • If it is safe to do so and abuse is not an issue, encourage your kids to stay in contact with the other parent and his or her extended family through phone calls.
  • Don’t vent about or discuss adult issues when your kids are around, and counsel your friends and family not to do so.
  • Don’t ask your kids to choose with whom to spend time; follow your custody and visitation schedule.
  • Don’t ask your children to spy on the other parent or to deliver messages or payments on your behalf.

In addition to keeping your kids out of your conflict, it’s important to spend time with your children, to listen to them, to reassure them of your love for them, and to validate their feelings.

For compassionate legal counsel during this difficult time, contact the experienced family attorneys at the Law Offices of Judy L. Burger. We will provide legal support tailored to your specific situation. Make the call today to learn how our attorneys can help: (415) 293-8314.

What Happens When Bankruptcy and Divorce Occur Together?
California Divorce

What Happens When Bankruptcy and Divorce Occur Together?

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Divorce is a stressful, life-changing event precipitated by many different causes, including financial difficulties. Indeed, the mere process of separating into two households can create irreparable financial fractures in a family’s budget. Unfortunately, separation and divorce sometimes lead one or both parties to consider filing for bankruptcy while their divorce case is pending.

Divorce proceedings are held in family court, which is a California state court. Family court judges preside over the proceedings, including matters involving spousal support, child support, and property and debt division.

Bankruptcy cases, on the other hand, are filed and heard in the federal court system. In fact, bankruptcy courts are specialized federal courts set up to deal with these issues.

If one or both spouses file for bankruptcy while their divorce proceeding is pending, it is wise to get legal advice right away. These dual proceedings present special issues and can impact the outcome of the divorce, including the property rights of both parties. Here are some examples of issues that experienced counsel can help you understand and protect:

  • whether it is best to file for bankruptcy separately or together, assuming both spouses wish to file;
  • whether it is better to file for bankruptcy before or after a final divorce decree is granted;
  • the effect of the discharge of a community debt on a spouse who does not file for bankruptcy; and
  • the effect of a final divorce decree on a spouse’s ability to discharge a debt in bankruptcy.

At a minimum, if a bankruptcy case is pending, that court will have to approve any proposed division of community property in the divorce case. Additionally, it is important to note that neither spousal support nor child support may be discharged in any type of bankruptcy.

In some cases, when only one spouse files for bankruptcy, it is in the other spouse’s best interest to file a special type of complaint in the bankruptcy case.

If you need assistance in a family law proceeding, you should consult with an experienced California lawyer, especially if bankruptcy is or may become an issue for you or your spouse. The attorneys at the Law Offices of Judy L. Burger will provide authoritative legal support tailored to your specific situation. Make the call today to learn how our attorneys can help: (415) 293-8314.

Does How Property Is Titled Matter When You Get a Divorce?
California Divorce

Does How Property Is Titled Matter When You Get a Divorce?

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Married couples may not always think about how their property is titled until the time comes to divorce. Then, questions inevitably arise about who owns what. This is a critical question because each person will want to ensure he or she is able to live comfortably after the proceedings have concluded.

Property division is one of the core functions of divorce proceedings. It is important to learn about how the law will affect your property, debt, and income so that you can meet your needs, and those of your children, after your divorce is final.

California is a community property state. To read more about the basics of property division in California, please see our earlier blog here.

California law has many provisions designed to protect spousal property rights. Two of the most important are (1) the presumption of community property during marriage and (2) requirements for spousal consent for certain ownership and transfer rights of property.

First, there is a presumption in California that property acquired by either spouse during the marriage is community property subject to equitable division in the event of a divorce. This is a powerful presumption. It acts to bring an asset into the marital estate even when one spouse attempts to title it in his or her name alone.

Second, California law often requires the consent of one spouse for the other spouse to own property in certain ways or to transfer certain property interests. California offers many different ways that people can own property, each with different requirements for ownership or transfer of rights. However, married couples are limited in how they may own property acquired during their marriage. For example, a husband may buy a house as his sole and separate property, but only if the wife consents for him to do so. This consent often takes the form of a quitclaim deed.

If you want to learn more about property ownership in California and how state law affects your marital assets, contact the attorneys at the Law Offices of Judy L. Burger can help. Call us today to make an appointment: (415) 293-8314.

Study: Working Together as Parents Can Prevent Mental Health Issues in Kids of Divorce
California Divorce

Study: Working Together as Parents Can Prevent Mental Health Issues in Kids of Divorce

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A recent paper brings positive news for kids of parents whose marriage is on the fritz: Parents can play a meaningful role in preventing their kids from suffering from mental health issues post-divorce. Research has long shown that kids suffer mentally from a divorce, however, the new research review shows that this result may be preventable.

A pair of authors from Portugal reviewed 11 studies published over a 14-year period before drawing their conclusions. They considered only peer-reviewed empirical papers “that aimed to assess the association between coparenting and psychological development or function in children with divorced parents.”

Their findings are not surprising. The authors report that the fact of divorce is not what tends to lead to negative consequences, such as anxiety and depression. Rather, the way joint parenting is approached after a divorce “has a significant impact on children’s mental health.”

Three findings were particularly telling:

  • When children were exposed to conflict in co-parenting, they “were more likely to have issues with problems such as attention deficit.”
  • “Children’s perception of their parents’ coparenting predicted anxiety and depression” in those children.
  • Lower levels of child self-esteem were associated with “coparental hostility and conflict.”

This review suggests that parents can positively impact their children’s mental health reactions to divorce by presenting a positive coparent relationship. In the study review, a positive relationship was associated with better “academic performance and psychosocial wellbeing of children.”

If you want to minimize the effects of your divorce or separation on your kids, it is important to separate the problems in your personal relationship with the other parent from your respective roles as coparents moving forward. From this standpoint, the recent study confirms what many people likely suspected.

The attorneys at the Law Offices of Judy L. Burger have extensive experience in family law matters and can advise you about many of the consequences of divorce. Contact us today to learn how our attorneys can help you in your case: (415) 293-8314.

When Are You Considered by California Courts to Be “Separated”?
California Divorce, Legal Separation

When Are You Considered by California Courts to Be “Separated”?

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One of the most hotly contested issues in many divorce proceedings—the date of separation— drives when the partners to marriage can claim their respective incomes as separate property. This is a vitally important question that can substantially change each person’s financial standing well into the future.

California Family Code § 760 provides that property acquired during a marriage is considered community property that is subject to equitable distribution in a divorce unless another law provides otherwise. One major exception to this conglomeration of community property applies after the spouses are separated. This exception is located in California Family Code § 771.

Last year, the California Supreme Court considered whether a couple could be considered separate even though they were living in the same house. In the case, the couple was married in 1993 and had two kids during the 1990s. They stayed together but at some point started sleeping in separate bedrooms. There were also several other indicators of their separateness, such as the following:

  • driving separately to their children’s activities;
  • the husband washing his own laundry; and
  • the separation of their financial affairs.

Despite these indicators, the two continued to live together. The wife received her mail and telephone calls at the couple’s home, and she did not change the address on her driver’s license.

The wife argued that the two had been functioning as roommates and were separated as of 2006 despite continuing to live together. The husband argued that they did not truly separate until much later, in 2011. The trial court agreed with the wife and found the date of separation to be 2006. The court of appeals affirmed, and the husband filed an appeal.

The California Supreme Court first considered the language of the law regarding the date of separation as it related to a claim of separate property: “[t]he earnings and accumulations of a spouse . . ., while living separate and apart from the other spouse, are the separate property of the spouse.” The court determined that the plain meaning of this language seemed to require the “occupation of separate residences.”

The court also considered the legislative history of the law and later legislative developments. The court ultimately held that a couple was not considered to be living separate and apart unless two conditions were met: (1) they were living in separate residences; and (2) at least one of the partners had a “subjective intent to end the marital relationship” that was “objectively evidenced by words or conduct.”

If you need an experienced California family lawyer to discuss the particulars of your situation, contact the Law Offices of Judy L. Burger. We have decades of experience in family law matters, and we will put our experience to work for you. Call (415) 259-6636 to get started today.
Is There a Season for Divorce?
California Divorce

Is There a Season for Divorce?

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If you suspect that divorce filings might be more likely at certain times of the year, you are right. A recent University of Washington analysis showed that filings spiked not once, but twice, each year, leading some in the media to proclaim that there is a “season” for divorce.

The researchers reviewed 15 years of divorce filings in nearly all counties in Washington state, then compared what they found with filings in four other U.S. states.

The results were consistent across all locations examined: filings jumped in March and August.

The researchers noted that those filing for divorce seemed to avoid three times of year:

  • Valentine’s Day;
  • summer vacations; and
  • the winter holidays.

They speculated a few potential reasons for the timing of the filings:

  • a concern that”[w]inter and summer holidays are culturally sacred times for families,” when it might be “taboo” to announce intentions to divorce;
  • the stress created by winter and summer holidays, which might lead people to “decide their differences are irreconcilable right after a big trip”; and
  • dashed expectations for family time or positive expectations during the holidays.

The authors also thought that the beginning of the school year might press unhappy spouses into action.

Interestingly, the biannual pattern held true even when the researchers controlled for “other seasonal factors such as unemployment and the housing market.”

If you need help in a California family law matter, contact the attorneys at the Law Offices of Judy L. Burger. We will provide the compassionate, competent legal support you need. Make the call today to learn how our attorneys can help: (415) 293-8314.

Family Dispute Resolution: How It Is Used in Custody Disputes?
California Divorce, Child Custody

Family Dispute Resolution: How It Is Used in Custody Disputes?

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Our children are near and dear to our hearts. When marriages break up, many of the most difficult issues pertain to a couple’s children. Most of the time, both parents want what is best for the kids. However, it can be difficult to come to an agreement about how to handle custody and visitation issues because parental judgment may differ. That’s where family dispute resolution comes into play.

In an ideal circumstance, parents have similar ideas about what is best for their kids in terms of where the kids should live, go to school, and so on. Sometimes, however, they do not. In an even worse circumstance, one or both parents does not have the child’s best interest at heart or is not healthy enough to have a proper perspective on what is best for the child.

It is in circumstances like these that family dispute resolution is used by the court system. When the parents cannot come to an agreement, the family dispute resolution program helps by conducting services such as child custody evaluations and mediations.

The goal is to help families craft their own agreement about child custody and visitation issues. Dispute resolution allows parents to play a critical part in creating their own agreement for the approval of a judge. When it is successful, dispute resolution can often help the parties avoid a hearing in front of a judge about controverted issues.

The law sets forth three goals when family dispute resolution is used for custody or visitation matters:

  • mitigating negative relationships between the parents;
  • developing an agreement that serves the child’s best interests in a way that, ideally, continues contact with both parents; and
  • resolving custody and visitation issues in the best interest of the child.

At the end of family dispute resolution, the mediator helps to draft the parties’ agreement.

If you have questions about custody or visitation issues, you should consult with an experienced California lawyer. The attorneys at the Law Offices of Judy L. Burger will provide authoritative legal support tailored to your specific situation. Make the call today to learn how our attorneys can help: (415) 293-8314.

What Is Required to Marry in California?
Marriage

What Is Required to Marry in California?

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Every state has legal requirements that must be met if two people want to get married. One of the main requirements is the issuance of a marriage license. The marriage license must be obtained before the marriage takes place, and it must be filed with the appropriate office within 10 days after the ceremony occurs. This article will discuss the prerequisites for marriage in California.

California recognizes two types of marriage licenses: public and confidential. Public marriage licenses are part of the public record in the county in which the license is purchased. Anyone can obtain a copy of a public marriage license. Confidential marriage licenses are confidential records that are registered in the county where they are purchased. Other than the couple, only people who have a court order may obtain a copy of a confidential marriage license.

Some of the requirements for a marriage license are common to both public and confidential licenses:

  • Both people must be at least 18 years old (with one exception for public licenses noted below).
  • Neither person may be a partner in a current marriage.
  • Both people must appear personally with photo identification and, depending on the county’s requirements, a copy of their birth certificates.
  • The marriage must be solemnized in a ceremony conducted by someone legally authorized to do so.
  • If either person was married before, he or she must know the ending date of the marriage and how the marriage ended, such as through divorce or death.
  • The couple must pay a fee for the issuance of the license.

To obtain a public marriage license, at least one witness must be present and must sign the certificate. Additionally, a person under the age of 18 may marry with permission of both a parent and a superior court judge.

To obtain a confidential marriage license, the parties must be living together at the time they apply for the license. No witnesses are required.

Once issued, a marriage license is valid for 90 days. The marriage must take place within this time. If it does not, the couple will need to obtain a new license.

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.