During these unprecedented times with the coronavirus pandemic, many of our everyday practices and routines have drastically changed as we know them. With many pieces of information frequently presented on media platforms left and right, we hope that this post can clarify the new guidelines surrounding co-parenting during these times of uncertainty. While many things […] The post Co-Parenting During the Coronavirus Pandemic appeared first on Law Office of Jennifer L. King, PC.

When you’re wrestling the emotional turmoil of divorce, a chaotic legal process is the last thing you need. After all, divorce is ultimately meant to resolve the situation, not worsen it. In an effort to reduce stress, this post outlines the basics of getting a divorce in California in six steps. Please note that this […] The post What are the steps in a divorce? appeared first on Law Office of Jennifer L. King, PC.

Litigation is costly and time-consuming. Especially in family cases, the fight may be harder than you expect. Not only is the financial reality burdensome, but the personal nature of these matters is exhausting. Pendente lite (Latin for “pending litigation”) orders exist in order to maintain the status quo—particularly when minors are involved. As we discussed […] The post While You Wait: Pendente Lite Orders appeared first on Law Office of Jennifer L. King, PC.

How do you know when a marriage has ended? Can you quantify it? If we handed you a calendar and asked you to circle an exact date, could you? As we know from our website’s Divorce and Separation page, California is a “no-fault” divorce state. From the moment you’re married, there’s an assumption of community […] The post Separation and Section 70 appeared first on Law Office of Jennifer L. King, PC.

After the trials of twentieth-century feminist movements, it’s not a leap to suggest that marriage is regarded skeptically today. You need look no further than the U.S. Census Bureau Figure MS-2, which depicts the sharp rise in marital age. Now, when marriage is entered upon, it’s not the kneejerk fix-all or rite of passage it […] The post Cohabitation Does Not Make a Marriage appeared first on Law Office of Jennifer L. King, PC.

Did you notice those restraining orders hiding on the back of your divorce paperwork? If not, I don’t blame you—they’re easy to miss. Automatic Temporary Restraining Orders (ATROs) or Standard Family Law Restraining Orders (as they’re now called) are four mutual orders that automatically come into effect when filing for divorce or legal separation. They […] The post Why You Should Always Read the Small Print appeared first on Law Office of Jennifer L. King, PC.

California is a “no fault” divorce state, which means that a spouse or domestic partner asking for divorce does not have to prove that the other spouse or domestic partner did something wrong. Instead, the individual claims “irreconcilable differences.” In other words, the couple agrees to disagree. No fault divorce entitles both parties to a fair and equal settlement (which includes division of assets and debts, child custody and visitation, and spousal and child support). Addiction is one of the leading contributing factors to divorce. Although it is irrelevant to no fault divorce as a whole, it can carry immense weight in settlement proceedings—especially in regards to child custody and visitation. All decisions regarding a child are made on the basis of the “Best Interest Standard.” This means that a court acts with the child’s best possible health, safety, and welfare in mind. It follows that a judge is less likely to entrust an addicted parent with a child. Often a court will attempt to ensure the child’s safety by ordering the parent complete mandatory drug tests, attend Alcoholics Anonymous or Narcotics Anonymous meetings, and participate in supervised visitation. In the most extreme cases, a court may award full custody to the sober parent. Substance abuse is an issue of national scale. According to the most recent National Survey of Drug Use and Health (2015), “Approximately 21.5 million people aged 12 or older in 2014 had a substance use disorder (SUD) in the past year, including 17.0 million people with an alcohol use disorder, 7.1 million with an illicit drug use disorder, and 2.6 million who had both an alcohol use and an illicit drug use disorder.” Accident—including overdose—is the fourth leading cause of death in the United States. The National Vital Statistics Report (2016) calculates “a total of 49,714 persons died of drug-induced causes…[and] a total of 30,722 persons died of alcohol-induced causes in the United States” in 2014 alone. Addiction is by no means a foregone conclusion, but if it persists untreated, marriage may be one of many relationships to unravel. If you suspect a loved one to be suffering, consider the following warning signs from the National Council on Alcoholism and Drug Dependence: Loss of Control: Drinking or drugging more than a person wants to, for longer than they intended, or despite telling themselves that they wouldn’t do it this time. Neglecting Other Activities: Spending less time on activities that used to be important because of the use of alcohol or drugs. Drop in attendance and performance at work or school. Risk-Taking: More likely to take serious risks in order to obtain one’s drug of choice. Relationship Issues: People struggling with addiction are known to act out against those closest to them, particularly if someone is attempting to address their substance problems. Complaints from co-workers, supervisors, teachers, or classmates. Secrecy: Going out of one’s way to hide the amount of drugs or alcohol consumed or one’s activities when drinking or drugging. Unexplained injuries or accidents. Changing Appearance: Serious changes or deterioration in hygiene or physical appearance – lack of showering, slovenly appearance, unclean clothes. Family History: A family history of addiction can dramatically increase one’s predisposition to substance abuse. Tolerance: Over time, a person’s body adapts to a substance to the point that they need more and more of it in order to have the same reaction. Withdrawal: As the effect of the alcohol or drugs wear off, the person may experience symptoms such as anxiety or jumpiness, shakiness or trembling, sweating, nausea, vomiting, insomnia, depression, irritability, fatigue, loss of appetite, and headaches. Continued Use Despite Negative Consequences: Even though it is causing problems (on the job, in relationships, for one’s health), a person continues drinking and drugging. If you or a loved one is known to be suffering, consider the following treatments: Individual and group counseling Inpatient and residential treatment Intensive outpatient treatment Partial hospital programs Case or care management Medication Recovery support services 12-Step fellowship Peer supports Addiction Resources: Substance Abuse and Mental Health Services Administration (SAMHSA) Alcoholics Anonymous (AA) National Addiction Resources American Academy of Health Care Providers in the Addictive Illnesses Association of Intervention Specialists

Historically, the laborious gathering of detrimental evidence was done through private investigators or subpoenas for credit card statements and phone records. The advent of social media ensures the same damning evidence is effortlessly at the fingertips of opposing counsel. It appears that people share intimate personal details online based on a false expectation that information will remain private. The American Academy of Matrimonial Lawyers says 81 percent of its 1,600 members have used or faced evidence from social networking sites over the last five years. How can social networks sites, like Facebook, adversely impact your divorce case? No-fault divorce has been adopted across the country. As a result, evidence of wrongdoing does not have the direct impact it used to have under the former standard, fault-based divorce. Even so, information available through social networking sites can be costly. Evidence gathered from Facebook can undermine credibility in court. Consider a client who claims he can’t pay a set amount of spousal or child support. If opposing counsel discovers pictures he posted of a lavish vacation or a new luxury car, the client has tarnished his reputation. Such evidence can be used substantively in favor of a support increase. What about custody? Under both Federal and State rules, character evidence is generally impermissible in civil cases. However, in child custody determinations, courts are allowed to consider the “fitness” of each parent. In California, courts must consider the child’s health, safety, and welfare. A parent’s custody or visitation rights can be limited in cases where there is evidence of a parent’s drug, alcohol, or sex abuse; where there is excessive discipline or emotional abuse by a parent or a parent’s significant other; or where the mental and physical health of the parents is questionable. A seemingly innocuous photo of one parent slinging back a few beers at a sports bar or clubbing in a mini-skirt could reflect poorly on one’s fitness as a parent. Even guardians ad litem (court appointed representatives who advocate for a child’s best interest) are scouring social network sites when deciding which parent to recommend. In divorce or custody cases where evidence is particularly inflammatory, many clients choose to settle rather than be exposed as engaging in immoral or illegal behavior. How can you protect yourself if you are currently involved in divorce or custody litigation? The best thing you can do to protect yourself from the latent consequences of social networking is to delete your Facebook page. Choosing to maintain pages on social networking sites could compromise your interests and bargaining power in litigation. If you vehemently insist on keeping your Facebook account, here are some practical tips to help you avoid common pitfalls. Use your privacy settings to screen who can view your wall or photo albums. Don’t discuss anything that is going on in court or disclose communications between you and your lawyer. Disclosure can act as a waiver of the attorney-client privilege or confidentiality. Be careful who your “friends” are. If your privacy isn’t set tightly enough, your page (photos, especially) may be accessible via third-party accounts (“friends of friends”). Don’t contradict assertions in court with photos or posts. Even photos taken by a friend and posted on their page can turn up during litigation. Don’t demean your ex via Facebook. This is especially true if you are in a custody battle and your children have access to your page. In most cases, courts consider whether each parent is able to facilitate the child’s relationship with the other parent. The last thing you want to face in court is the accusation that you were trash talking your ex to one of your children. The bottom line: Regardless of whether you are presently going through divorce, remember that the Internet is a public forum. Once something has been posted, it can never truly be deleted. Don’t post anything online that you wouldn’t want your mother to see. Originally posted Wednesday, August 15, 2012 7:00 PM.

You may not have experience with courtroom decorum. Fear not. The following is a list of tips to help you avoid common faux pas. Remember that the courtroom is a formal environment: Take care of yourself. Get a good-night’s sleep and eat a full breakfast. Dress appropriately (Read: conservatively). You will have only a short period of time to make a good impression on the judge. Dressing well is a great first start. I always advise my clients to wear a suit. Do not wear jeans. Find a sitter. Do not bring your children to court unless you have been specifically requested to do so by the judge or your attorney. Children can be a distraction, and most of the subject matter covered in hearings is not appropriate for them. Leave the new beau at home. The presence of a new partner or spouse in court during divorce or custody matters will only exacerbate an already acrimonious situation. Bring a well-behaved friend to the hearing if you need emotional support. Be punctual. Allow yourself enough time to park and pass through security. Arrive outside your courtroom at least fifteen minutes before your hearing to cover any last minute details with your attorney. Turn off your phone. A ringing cellphone will only aggravate the judge and embarrass you. Don’t be that guy. Display deference. Enter and exit quietly. Stand when the judge enters or exits. If you are called to address the judge, use the title, “Your Honor.” Remain silent. Do not speak to the judge unless you are offering testimony. Your attorney is your mouthpiece. Do not communicate verbally with your attorney. Have a pad of paper ready to jot down necessary communications with counsel. Originally posted Wednesday, August 15, 2012 7:10 PM.