Blog – Law Office of Jennifer L. King, PC

What are the steps in a divorce?

Tue, 28 May 2019 18:24:00 GMT

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 outline is no substitute for speaking with a lawyer. Without adequate legal representation, you could seriously damage your legal rights to custody, support, and an equitable division of property.

1. First Party Files

2. Second Party Notified

3. Respondent Files

4. Initial Financial Disclosures

5. Conversation

6. Judgment

Divorce can be messy. For more support, our Resources page and the California Courts Self-Help website are excellent places to start.

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While You Wait: Pendente Lite Orders

Mon, 30 Jan 2017 18:21:00 GMT

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 in our blog post on Automatic Temporary Restraining Orders , couples undergoing divorce proceedings are bound by four restrictions immediately upon filing. These seek to protect both parties’ interests—whether community property or children. When more immediate relief is necessary, pendente lite orders may be sought.

They primarily concern the following:

Pursuing a pendente lite order in a family law matter does not hinder either party’s ability to make changes after the fact. A case will ultimately only be formally decided in court, in accordance with the circumstances present at the time of hearing or trial. With that said, a pendente lite order does have the practical benefit of establishing a status quo between the parties regarding shared parenting arrangements, which a court may be reluctant to change later. In short, pendente lite orders can set the stage for permanent (or post-dissolution) rulings.

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Separation and Section 70

Sun, 15 Jan 2017 18:28:00 GMT

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 property: everything I make or lose is now everything you make or lose. If that sounds great, remember: debt. When (and if) things go awry, you are not only entitled to half of everything we’ve built together, you’re responsible for half of my mistakes, half of my hardships. Although this approach aims at equity, without proper preparation, it may transform into just the opposite. More to the point of the importance of pre-marital agreements , let’s quickly go over Family Code Section 70, the new rule that could decide the end of your marriage for you.

Consistently over the course of California history, family courts have struggled to determine separation dates. More than a simple marking the end of a relationship, a separation date determines where to draw the legal line through the tangle of community finances. It is crucial for understanding where one spouse’s assets begin and the other’s ends (think income, especially). Prior to Section 70’s enactment this year, California courts had decided to paint a “bright line” by precisely defining what constitutes a separation. Through the case In re Marriage of Davis , courts ruled that spouses must not only have the intent and conviction to end a marriage, but they must also live at separate addresses. 61 Cal. 4th 846 (2015).

While this may sound like a positive step towards clarity, there are countless reasons why a couple may want to lead separate lives under the same roof. As Los Angeles Superior Court Judge Lewis identified, these motives may be economic, familial, religious, or so on. A couple could desire economic circumstances relating to cost of alternate housing, qualification for rent control or government subsidies, or financial hardship causing impaired credit; [there could be] health reasons requiring a specially equipped home or close proximity to required medical care; homeschooling of children; operation of a family business; access to the internet or availability of the family computer; absence during the week but present for weekend care of the couple’s children; restricted transportation availability because of limited number of vehicles, or the need to be close to public transportation or employment; [and one mustn’t underestimate] the social stigma of no longer living together; faith-based convictions and fear of adverse religious reactions…necessary transitional requirements to accommodate needs of a couple’s children; and victims of domestic violence who may feel trapped to remain in an unsafe relationship. Honorable Thomas Trent Lewis, Marriage of Davis, 37 FAMILY LAW NEWS, No. 3 [2], [2015] at 12. Moreover, there are countless exceptions to the rule; and prior to Section 70, a court would not have been able to divide assets if any of them were at play. Unless a couple intended to separate and fulfilled the requirement of separate housing, their property would not be able to reach a judgment in court.

Section 70 was created specifically to reverse the Davis ruling. Now, all that matters is intent to separate and action to support it. As Judge Lewis’s list demonstrates, ambiguity is necessarily part of the divorce process. If a couple does not stipulate how their end date will be decided in a pre-martial agreement, painful personal details may be used as fodder in the public fight for property. Why complicate an already complicated situation?

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Cohabitation Does Not Make a Marriage

Fri, 16 Dec 2016 18:34:00 GMT

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Why You Should Always Read the Small Print

Mon, 12 Dec 2016 18:51:00 GMT

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 can be found on the reverse side of the Summons (FL-110), the form notifying an individual (“respondent”) of his/her partner’s (“petitioner”) desire to separate. The Summons is filed alongside the Petition for Dissolution (FL-100). Together, these forms legally mark the beginning of the end of a relationship.

Simply put, these orders protect children and marital assets. As soon as the petitioner files, the ATROs immediately bind him/her. As soon as the respondent is personally served, the ATROs bind him/her equally.

They last for the duration of dissolution proceedings, in order to prevent the following:

These four small rules pack a strong punch. Although they’re on the reverse side of an already cramped document, do not ignore them! If they aren’t respected, family court can order restitution and lost profits. Sanctions and attorney fees are usually also a part of any enforcement action. In more extreme cases, contempt action may be filed, with the possibility of criminal prosecution to boot.

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Divorce and Substance Abuse

Mon, 05 Dec 2016 21:32:15 GMT

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

The Dreaded Prenup

Mon, 05 Dec 2016 18:52:00 GMT

Premarital agreements have a bad rap. Often, they’re construed as insults to romance–cold, calculated bets against a relationship’s survival. Countless films and T.V. shows uphold this reputation, to name a few: The Good Wife (2009-2016), How I Met Your Mother (2005-2014), The Wolf of Wall Street (2013), Entourage (2004-2011), Sex and the City (1998-2004), Intolerable Cruelty (2003), Seinfeld (1989-1999), and Cheers (1982-1993). Portrayed as the murderers of true love, these agreements inevitably separate rather than unite (and often to comic effect).

But are they really that bad?

In fact, premarital agreements can save a lot of future hurt. According to California Family Code §1610-1617, they can stipulate:

Premarital agreements must be agreed upon by both parties. There must be full disclosure, no coercion, and knowledge of exactly what is being agreed upon.

Essentially, a premarital agreement sets up a financial safety net if things go badly. They save time, money, and sanity in a dizzying situation. Indeed, some couples—young, asset-less duos seeking to build a life together—may not be significantly impacted initially. But the power of a pre-marital agreement transcends the present to protect all future assets. It ensures the protection of property should someone die or divorce. The emotional stress of establishing a premarital agreement is not up for debate; yet in comparison to the toll that years of messy dissolution can take (especially if there are children involved), any awkwardness is negligible.

Surely, premarital agreements regard romance skeptically, however, as author Alain de Botton argues, “Romanticism has been unhelpful to us.” It’s misleading fantasy. “It has made a lot of what we go through in marriage seem exceptional and appalling. We end up lonely and convinced that our union, with its imperfections, is not ‘normal.’” Rather than give credence to unrealistic ideals about perfect pairing, Botton suggests that we should treat our imperfections as apart of life. The ideal soul mate, perfectly suited to our every taste, does not exist; but the person who kindly recognizes and values those differences does. We should “learn to accommodate ourselves to ‘wrongness,’ striving always to adopt a more forgiving, humorous and kindly perspective on its multiple examples in ourselves and in our partners.” If we do, marital mishaps will lose the power to emotionally obliterate us. In this light, premarital agreements positively pierce any illusions that may explode further down the road.

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Facebook Provides a Wealth of Evidence in Divorce and Custody Cases

Wed, 09 Nov 2016 21:28:07 GMT

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.

Court Decorum: What To Expect

Wed, 09 Nov 2016 21:25:46 GMT

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.

Five Ways to Minimize Your Legal Costs

Wed, 09 Nov 2016 21:24:09 GMT

Require a detailed retainer or fee agreement. Make sure that you review and sign an agreement that defines the scope of the work the lawyer will perform. The agreement should also explain exactly how you will be billed (hourly or flat fee) and what specific tasks you will be charged for (drive time, phone calls, and email).
Be organized and responsive. Provide documents in chronological order, grouped by type. When you spend time organizing your file, your attorney won’t have to. When your lawyer is forced to sift through hundreds of pages to find what they are looking for, your bill will increase. When your lawyer requests information, provide it in a timely manner. Every time your attorney calls to remind you to deliver, sign, or return documents your bill will increase.
Use your time wisely. Many lawyers bill in incremental time (usually tenths of an hour or six-minute blocks). Adjust accordingly. Instead of calling or emailing your attorney every time you have a question, wait until you have several and ask them at once. Be prudent regarding subject matter you discuss with your attorney. Stick to the facts. Do not overwhelm your attorney with minutiae. Trust your lawyer to solicit relevant information. Legal matters can be emotionally traumatic. If you are experiencing emotional trauma, take care of yourself. Enlist a therapist for short-term or long-term support. Attorneys are far too expensive to use as sounding boards.
Disclose damaging or embarrassing facts. If you have something to hide, assume somebody will find it. Your attorney can probably minimize damning facts if they are given an opportunity to investigate. There is nothing worse than being blind-sided by detrimental information about a client in court. It will hurt your cause and damage control could be costly. Remember that communications with your attorney are confidential.
Be nice. Take time to select a lawyer you trust and then give them the benefit of the doubt. Not all lawyers are out to get you. I can’t count how many times anecdotal or personal experiences have skewed the perception of clients or potential clients. For some, lawyers are a necessary evil to be constantly questioned or challenged. Select an attorney you have a good rapport with the first time. Hiring a second lawyer to deal with a single matter is costly. The new attorney will have to become familiar with the case. You will pay for their learning curve.

I hope this has been helpful. Excuse me while I slink back to my lair.

Originally posted Wednesday, August 15, 2012 7:12 PM.

Parenting Together After Divorce

Wed, 09 Nov 2016 21:22:43 GMT

The emotional strain of a divorce is never limited to the former spouses involved. Divorce creates a confusing and distressing time for children as well. With the frequency of divorce today, more children grow up juggling households. They have to find balance between two literal and metaphorical houses. Your child may not currently understand the deeper emotional rifts that have led to the divorce, but they will always ultimately feel the absence of a once stronger family bond. If you and your former spouse have decided to continue co-parenting, here are a few tips to ease the transition for your child:

Above all, do not confide in your child about damaging circumstances of divorce and do not demean your former spouse in their presence. Find a good therapist to confide in. The maintenance of a healthy relationship with both parents is vital to your child’s emotional well-being.
Maintain a healthy family relationship. Although your marriage has ended, your family still exists. Remaining an involved parent should always be a priority. Set an example for your children on how to move on from past conflicts. Be as cordial as possible with your former spouse.
Solve disagreements concerning your child privately, peacefully, and efficiently. Your child is never to be used as a bargaining chip. Remember that both parents should be working towards the benefit of the child. Solicitation of input from your child is almost always inappropriate.
Remain as consistent as possible in both households. This ranges from doing your best to maintain similar household rules (such as bedtimes and school work). Children thrive where there are predictable, stable systems in place.
Allow your child to grow at a comfortable pace. Don’t force changing environments on your child. Let them mentally adjust post-divorce. Talk to your child and explain any frustrations they may have. If your child is experiencing uncontrollable emotions or unusual behavior, take them to a therapist who has experience dealing with children of divorce.

Originally posted Monday, July 22, 2013 4:12 PM.

Managing Your Finances Before and During a Divorce

Wed, 09 Nov 2016 21:20:15 GMT

When divorce is imminent, finances may seem like the cherry on top of an awful situation. The level of complexity and thoroughness required is mind boggling. It doesn’t have to be. Here are several tips to help you in approaching your finances:

Look at your credit history.* Don’t have a credit card? Apply for them now, and work towards establishing a good credit history. If your current credit history could be better, make sure to pay creditors now before the divorce begins. Start improving your credit history pronto!
Find out exactly what your spouse earns. This is easy if your spouse gets a regular pay stub. If they’re self-employed, owns their own business, or for whatever reason, gets part of their salary in cash, make sure you keep track of the money coming in for several months.
Know your household budget and expenses. Precise awareness of your average monthly expenditures as well as other monthly expenses will help determine potential spousal support or child support.
Inventory your household and family possessions. A list of your belongings will help you make educated decisions when it comes time to split the property.
Try to determine and tackle family debt before divorce. Allocating marital debt is one of the most difficult items to negotiate. Make sure this remains separate from any debt that was incurred by one spouse alone (“non-marital debt”).
Have a way to access money of your own. Divorce can be expensive. Make sure you have your own money saved up for any and all situations.
Gather all your financial documents. This can be a pretty hefty task.** Organization is key. Not only will having all your ducks in a row help your divorce move more efficiently, it will also inform important decisions and agreements you will have to make down the line. So search for any and all financial documents and make sure to keep them labeled, organized, and easy to find. Here is what you need to gather:

Income tax returns, including W-2, 1099, and K-1 forms from the last five years.
Business financial statements for you and your spouse. Include a net worth statement, as well as income statements.
Include all income information since your last tax return.
Personal property tax returns.
Banking information including monthly bank statements, retirement accounts, savings and loan institutions, credit unions, etc.
Financial statements that had been prepared by you or your spouse at any time in the last five years.
Any loan applications made in the last five years.
Brokering statements.
Stocks, bonds, and mutual funds.
Stock options, including restricted Stock.
Pension, money purchase plans, profit sharing, deferred compensation agreement, and retirement plans that you or your spouse have through a corporation.
Wills and trust agreements executed by you or wherein you have a present or contingent interest in the past five years.
Life insurance or certificate of life insurance policies now in existence.
General insurance.
Outstanding debts owed by you or to you (including those co-signed by you).
Business records or ledgers in your possession.
Real property, including any deeds of property you and your spouse may have an interest in – together or separately, as well as all purchase agreements, mortgages, notes, property tax statements, rental or lease agreements, appraisals, and any expenses associated with all properties.
Sale and option agreements on any real estate owned by you, either alone or via another person or entity, jointly or as a trustee or guardian.
Any personal property. Include any and all documents on any furniture, artwork, fixtures, jewelry, antiques, collections, equipment, etc. that you own, either alone or jointly through another person or entity, i.e. trustee or guardian.
List of personal property owned by you prior to marriage, or any personal property acquired during the marriage via inheritance or as a gift.
Motor vehicles owned by you and your spouse, individually or jointly, in the last five years. Include all financing agreements.
Corporate interests.
Any partnership or joint venture agreements that you have been a party of during the marriage.
Employment records during the term of marriage. Make sure to include any fringe benefits available to you or your spouse from any business entity, be it traveling expenses or the spa.
Employment contracts for which you or your spouse performed services in the last five years, including a list of oral contracts.
Charge account statements
Membership cards or any documentation showing participation in any country clubs, health clubs, spas, private clubs, etc. during the last five years of marriage. Include monthly statements.
Any judgments or pleadings that you’ve been a party to, either as plaintiff or defendant, during the marriage.
Appraisals of any assets owned by you for the past five years.
A list of safe deposit boxes and their contents.
Anything else you think may be an asset.

References

*”10 things to do if Divorce is imminent”, by Rich Stim (www.divorcecent.com)

**Created by the Bedrock Divorce Advisors, LLC, in 2011 and amended 2014 (www.bedrockdivorce.com)

See “Five best financial tips for women divorcing in 2013”, by Jeff Landers (www.forbes.com)

Originally posted by Amy O’Hanlon on Friday, October 17, 2014 9:54 AM.

What’s Mine is Mine: Safeguarding Assets in Anticipation of Divorce

Wed, 09 Nov 2016 19:41:00 GMT

The preceding suggestions are no substitute for legal advice. The best thing you can do to protect your assets when you are facing the prospect of divorce is to consult a licensed attorney.

Originally posted Wednesday, August 15, 2012 7:02 PM.

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Talking With Your Children About Divorce

Wed, 09 Nov 2016 19:36:00 GMT

Originally posted Wednesday, August 15, 2012 7:04 PM.

The post Talking With Your Children About Divorce appeared first on Law Office of Jennifer L. King, PC .