As state-by-state laws regarding same-sex marriage are changing rapidly, affected couples who currently or will soon live in California should take steps to see where they stand. In addition to basic legal concerns, such as benefits and guardianship, it may be important to look at the implications for divorce that come along with marriage.
]]> One important legal question to consider is how a marriage performed in another state will be recognized if the couple in questions decides to move to California. Although the state constitution currently bars same-sex marriages, the law does provide some recognition to same-sex couples. So, for example, if a couple has a prenuptial agreement in place, they may want to see how it would be enforced in California.Even without legal recognition of marriage, it may be beneficial for same-sex couples to consider some sort of domestic partnership agreement. This way, many of the divorce-related questions can be addressed without having to worry as much about splitting up without a clear legal framework in place.
In June, the U.S. Supreme Court is expected to rule on the fate of California's same-sex marriage law. If the court strikes down the law, same-sex couples married in other states and those previously married in our state will have the protections -- including divorce-- that accompany legally recognized marriage.
Source: The Huffington Post, "Tips on Avoiding Same-Sex Divorce Complications," Alton Abramowitz, May 13, 2013
]]>Since California is a hub for many celebrities, our state is no stranger to complex, widely publicized family law conflicts. Right now, actor Charlie Sheen is in a unique child custody situation involving two of his ex-wives. Denise Richards, Sheen's ex-wife, is currently maintaining custody of the children Sheen had with his other ex-wife Brooke Mueller while she is in rehab.
]]> Even though this is not a typical case, Sheen has said he trusts Richards deeply, which is why he allowed her to assume custody of two children she has no biological connection to. Eventually, the current court-approved custody will likely be modified to include one or both of the kids' biological parents.Another interesting layer of this case is the fact that Richards has declined to take any child support from Sheen, because she has the resources to provide for the children while they are in her care. Meanwhile, reports indicate the Mueller wants her brother to assume custody, which would allow her to collect child support from Sheen.
Readers in the Santa Ana area know that Sheen has also had his share of substance abuse problems, which may be one of the reasons why he entrusted Richards with his kids. He did what he believes is in the best interests of his kids.
Every family's situation is unique, so there's rarely a one-size-fits-all arrangement for every case. This is why it's important for individuals to try to work together in order to develop a child custody arrangement that will truly meet the needs of every family member.
Source: Christian Post, "Denise Richards Refuses Extra Child Support from Charlie Sheen," Sami K. Martin, May 13, 2013
]]>Knowing how strong pet and owner relationships can be, divorcing couples may be confronted with determining who the animal will live with. A growing trend could come to influence divorce cases, which has some observers concerned. There is a movement to allow independent legal advocacy for pets during legal proceedings, and proponents hope that it could become a nationwide policy.
]]> The basis of this legal effort is to provide an advocate for animals in cruelty cases. However, some believe that a "slippery slope" effect could push the issue into family court. Basically, some people believe that during pet custody disputes, an independent party would represent the interests of pets.Of course, this movement has not yet made an impact in California, so pet custody negotiations won't change for the time being. Because pets are essentially treated as family members by many people, it may be best for couples to work together to create a plan that reflects the interests of their furry friends.
If couples fail to reach terms of divorce on their own, then their pets could simply be treated as property in a court decision. In the end, an arrangement made by court order may leave everyone feeling a little hot under the collar.
Source: Associated Press, "Animal rights action in Connecticut gives hope to advocates across USA," April 29, 2013
]]>At this time, a prominent socialite in another state is locked in an intense conflict with her daughter's father based on the accusation that she conspired to hide certain assets in order to receive larger child support payments. Reports say that the woman concealed monetary gifts from her current boyfriend, which likely would have reduced the father's child support liability.
]]> Interestingly enough, the woman and her daughter's father ended their relationship on relatively positive terms before the ongoing dispute arose. The couple never married, but they are now dealing with a very serious family law problem. Just as it's the case with married couples, parents are often required to provide financial support for their children after splitting up.This case is a reminder of how important it is to fully disclose assets when dealing with family law issues. Court orders for child support are usually firm obligations, but can be modified if financial dishonesty on the part of one part is discovered. By being transparent from the beginning, couples can work toward a child support settlement that is fair for all parties involved.
More than anything else, the best interests of the child should be considered in this type of case. Opening the door to a protracted legal dispute could negatively impact the well-being of everyone involved in the case, particularly the children.
Source: The New York Times, “Millionaires Clash Over Socialite’s Child Support Claims,” Peter Lattman, April 26, 2013
]]>Despite the challenges associated with property division, dealing with a house and its associated mortgage is something that should be done with care. Removing emotion from such a major decision can be hard, but failing to make a rational decision can create a whole host of problems in the future.
]]> Under California's community property laws, any income or debt incurred during a marriage is split between spouses. As such, couples going through divorce may divide the balance of their mortgage if their divorce settlement doesn't account for the property in a different way. Alternatively, one spouse may retain the house while the other assumes responsibility for the mortgage, one person may take charge of both items or the house can simply be sold off and the equity will be divided.If a couple doesn't sell their home during the divorce process, they should be mindful of what happens to the mortgage. Divorce alone will not remove one spouse's name from the mortgage, even if they no longer have any responsibility for the property. As such, a divorce settlement can call for a refinance to make sure the appropriate person is listed on the mortgage.
A trustworthy family law attorney can help divorcing couples understand their options when they are determining how to handle their home. This way, both parties can feel like they are well-prepared for the next stage of life.
Source: Summit Daily, "Financial Facts: How divorce affects your mortgage," Bob Kieber, April 13, 2013
To learn more about community property laws in California, please visit our Orange County divorce page.
Specifically, the case is over a custody dispute between a young girl's biological father and her adoptive parents. When she was first born three years ago, the girl was given up for adoption by her mother, partially because the biological was not supportive and showed little interest in the child. However, shortly after the adoption went through, the father had a change of heart and claimed custody based on the Indian Child Welfare Act.
]]> Passed in the late 1970s, the Indian Child Welfare Act sought to curb the long-standing trend of taking Native American children off reservations through adoption. In order to preserve culture, the federal law granted tribes and relatives of the children to have a greater say in adoption and custody issues. As such, the biological father claimed custody of the girl in accord with this law.Soon, the custody move was appealed by the adoptive parents, who had taken care of the girl for several months. The court will take a look at the federal law and see how it applies to this case. The father removed himself from the life of the child's mother, so that could be a major part of the argument against his custody claim.
Whatever the Supreme Court decides, it's important to understand that all child custody disputes are emotional and complex. Thankfully, however, parents can work together and with their attorneys to reach an arrangement that best provides for their children.
Source: Associated Press, "Supreme Court wrestles with father's rights, child's best interests in adoption of Indian girl," April 16, 2013
Our firm has experience handling a variety of complex family law disputes. To find out more, please see our Orange County child custody page.
Divorce is an emotional process for everyone involved, which is why many grandparents may have difficulty figuring out exactly how they fit into the equation during and after divorce. Just like it's usually not beneficial for children if their parents say bad things about their soon-to-be ex-spouse, grandparents should try to respect the relationship their grandchildren have with both parents and their other grandparents.
]]> At the same time, there may be situations in which a custodial parent doesn't want their child to spend time with one set of grandparents. If this type of situation is not in the kids' best interests, then the grandparents may be able to get court-ordered visitation time. Some kids are very close to their grandparents, so losing time with them could be detrimental to their emotional and mental well-being.More than anything, grandparents can help their grandchildren through the ongoing divorce. Of course, it may not be best to constantly bring up the divorce with grandchildren, but simply being there and trying to keep a sense of stability can go a long way in helping children understand their parents' divorce.
Family law disputes can be very complicated. A trustworthy attorney can help California residents sort through the many facets of divorce and help find solutions that suit the needs and interests of everyone affected by the split.
Source: Huffington Post, "Helping Grandkids Survive Divorce," March 29, 2013
Our firm can help California grandparents understand their rights. To find out more, please see our Orange County family law page.
When police arrived at this man's doorstep, he didn't answer. Before the man receives the $152 million payment, the warrant for unpaid child support will have to be satisfied. Local officials say that lottery officials will likely remove the child support payments from the jackpot payout.
]]> Reports don't indicate whether the father has responded to the allegation that he owes thousands in child support.In this case, it seems as though the father may not be the only lucky person; rather, his five children are likely to benefit tremendously from receiving the money they are owed. When parents have a child support debt, it's common practice for California agencies to withhold various payments, such as public benefits and tax refunds. Of course, it would be best for parents to make monthly payments according to the court order, but receiving the payments in this fashion is still an improvement.
Child support payments are calculated based on the specific needs of the children and the paying parent's financial means. Now that the lottery winner likely has a much larger pool of assets to draw from, the children's mother may consider requesting a modification to the child support order. This could provide the financial assistance necessary to help the man's five children live more comfortably.
Source: KSTP-TV News, "NJ's Powerball Winner Owes $29K in Child Support," Cassie Hart, March 28, 2013
]]>Shortly after the couple settled their divorce, which divided nearly $300 million in assets, Frank McCourt sold his baseball team for over $2 billion. This move caused his wife to question whether or not the team was accurately valued during divorce negotiations. Most recently, Jamie McCourt submitted a legal request to receive information from her ex-husband's business advisors.
]]> Although Mr. McCourt has contested it, one of the people requested to submit a statement to the court indicated that the $2.15 billion price tag on the Dodgers met expectations prior to the divorce. If this is true, it may mean that McCourt misrepresented the market value of one of his biggest assets.Certainly, most couples in California aren't dealing with assets and financial transactions as large as those being discussed in the McCourt divorce. However, this case shows how important it is to accurately assess and represent the value of all assets and property when negotiating a divorce settlement. Not only is it illegal to provide inaccurate financial information during property division, but it provides grounds to re-open a divorce case.
When facing divorce and beginning proceedings, it's likely that both spouses want to close the case as soon as possible. Although the sentiment is understandable, it shouldn't provide reason to withhold certain assets or be dishonest for the sake of convenience. In reality, attempting to withhold critical information for the sake of convenience will likely create more headaches down the road.
Source: Bloomberg, "Blackstone's Cohen Must Answer Queries in McCourt Divorce," Chris Dolmetsch, March 27, 2013
As California's "Proposition 8" case moves to the U.S. Supreme Court, the American Academy of Pediatrics has joined the call to make same-sex marriage legal. They made the decision to announce their support after reviewing the literature regarding the effects of same-sex parents and marriage on children. They believe that legalization will support children, which is their primary concern with the issue.
]]> By recognizing a marriage, the state also provides a well-established legal framework for married couples to formally end their relationship. Although divorce is probably not the first thing that comes to mind during the national discussion of same-sex marriage, it is certainly an important legal aspect of the issue.The medical organization specifically pointed out that marriage provides an opportunity for same-sex parents to make arrangements for child custody and support if need be. Custody laws are designed to minimize the impact of a divorce on children by providing the most stable and comfortable parenting agreement.
Until there is further movement on the issue, many same-sex couples may run into family law questions. In the event that a couple doesn't have a legally recognized marriage, they still have options to resolve child custody -- in addition to other family law issues -- in a fair way. The process may be assisted by the advice of a trustworthy legal professional and a willingness to cooperate.
Source: The New York Times, "Pediatrics Group Backs Gay Marriage, Saying It Helps Children," Catherine Saint Louis, March 21, 2013
Although spousal support isn't a part of every divorce settlement, there are some cases in which a person is prohibited from seeking alimony altogether. As one California woman found out, a history of domestic violence has prevented her from obtaining spousal support payments from her soon-to-be ex-husband.
]]> The woman was twice convicted of domestic abuse, both minor altercations charged as misdemeanors. When domestic abuse is involved in divorce, felony charges automatically prevent the abuser from seeking alimony, but the situation is not so clear cut when misdemeanor charges are involved. This is why the woman is contesting the ruling against her request for alimony. She claims that since she pled no contest, rather than guilty, she should still receive alimony from her husband. The woman said her husband was also abusive, but she never reported it.Recently, however, an appeals court ruled that the law regarding alimony is intended to prevent rewarding illegal behavior. Despite the exemptions embedded in the law for misdemeanor charges, the court upheld the earlier ruling against granting the woman additional support.
Anyone who has been through the divorce process understands how complicated it can be, particularly if it involves domestic abuse. This case is no exception. In especially complex cases, having trustworthy legal counsel can go a long way to ensure that you and your family receives the most favorable settlement allowed within the guidelines established by state family law.
Source: San Francisco Gate, "No alimony for spousal abuser," Bob Egelko, March 13, 2013
One NBA legend, and long-time rival of California's professional teams, was recently hit with a surprise paternity suit claiming that he was in fact the father of a 16-year-old Georgia boy and thus owes the boy's mother compensation for child support, medical expenses, and a multitude of other child-rearing costs. What's more, the woman had also requested that a new birth certificate be drafted for her son-with Jordan's name on it.
]]> 14-time NBA All Star Michael Jordan asserted earlier this month that the Georgia woman's paternity suit was not only invalid, but a "shameless, bad faith attempt to abuse the legal system." Jordan's legal team noted that in spite of the woman's demand for a paternity test, a 2003 divorce settlement between the woman and her ex-husband noted that the boy in question was a product of the couple's union, and was approved and signed by the woman herself.According to the woman's publicist, she and Jordan met in Chicago in the late 1980s, but Jordan is resilient in his dismissal of her allegations. In response, the former Bulls star has filed a counterclaim seeking sanctions and restitution for the woman's attempted legal falsehood.
Not only is a fraudulent paternity suit a serious defamation of the defendant, but it can also infringe on the already established rights of a child's actual mother or father. Still, for cases in which a child's paternity truly is in question, there may be no other option but to sue a likely parent in order for the truth to be obtained. All such situations can become legally complicated at a surprisingly fast pace, and the help of an experienced attorney is invaluable throughout the entire process.
Source: ABC News, "Michael Jordan Wants Paternity Lawsuit Dismissed," Kate Brumback and Steve Reed, Mar. 4, 2013
]]>One situation that serves as a microcosm of this trend-and affects so many marriages both here in California and across the nation-is the difficulty and danger that alcohol abuse can loose upon a couple's relationship.
]]> Confirming both the suspicions and personal experiences of many couples from all walks of life, research that will appear in a forthcoming issue of the journal Alcoholism: Clinical & Experimental Research notes that marriages in which one or both spouses drinks heavily are markedly more likely to end in divorce.The increased likelihood of divorce is at its highest when only one partner in the marriage has a drinking problem, which could include full-blown alcoholism and necessitate treatment. Unions in which both people struggle with drinking too much are more likely to lead to divorce than married couples that drink less heavily and/or frequently, but the risk of separation is less pronounced than the more one-sided situations.
The journal's study drew upon data from more than 20,000 marriages and is a further chronicling of alcoholism's incredibly destructive (and often dangerous) role in the public health of America. It should also be noted that problem drinking in a relationship can quickly lead to both verbal and physical abuse. In many such situations, what was once a happy and loving relationship may become shattered beyond repair.
Although every person about to walk down the aisle does their best to know their soon-to-be spouse inside and out, sometimes serious problems, even ones as serious as alcoholism, are impossible to discover until months, years, or decades of living together. In these moments, the safety and long-term health of the entire household should be kept in mind. Divorce is almost never planned for, but could become absolutely necessary; those in need of counsel and legal insight should quickly contact a family law attorney.
Source: Fox News, "Heavy drinking raises risk of divorce," Stephanie Pappas, Feb. 6, 2013
In a dishearteningly high number of cases, child support payments are either refused or ignored by the parents who owe them. This means that children who are already going without the care and support of both parents are set at a terrible disadvantage. However, one California county has recently installed a program designed to break down the economic boundaries to those parents who owe and better the chances of timely, consistent payments.
]]> Stanislaus County recently adopted a federally-funded program designed to provide owing, formerly deadbeat parents (of whom 90 percent are fathers) with the chance to obtain job skills and work connections that may lead to their improved work placement and income.Founded on the basic idea that child support payments are impossible to receive from a parent who has no income, the Stanislaus County Department of Child Support Services is working with Alliance Worknet on what will become a five-year, $2.32 million test program. 750 non-custodial parents will be given training and networking help intended to place them in a job that enables them to once again, or in some cases for the first time, pay the child support they owe.
In addition to job skills and job market advice, the program will also focus on providing fatherhood training, parent counseling, drug abuse and domestic violence therapy, and other services that may counteract the barriers to steady employment and parenthood that may be a factor in some participants' lives.
Although Stanislaus County upped its child support collection rate from 59 to 63 percent in the last year, it still remains in the bottom half of California counties when it comes to keeping non-custodial parents compliant with their court-ordered payments.
Child support can be, and frequently is, an absolutely essential means of maintaining a safe, nurturing, and happy growing environment for a separated couple's children. The news that some counties are updating their methods of enforcing these payments is encouraging, but also emblematic of the persistent need for improvement. For those who may need help establishing or reemphasizing a child support payment plan, the help of a family law attorney can be crucial.
Source: The Modesto Bee, "Stanislaus program to help parents find work to pay child support," Ken Carlson
• There are many possible avenues to keeping child support payments on schedule. For more information, please contact our Santa Ana family law page.
]]>For one celebrity couple currently in the middle of a very public California divorce, however, there has been little agreement over just how quickly to separate. Kim Kardashian and her estranged husband, professional basketball player Kris Humphries, have been caught up in a difficult divorce dispute since Kardashian filed for separation on Oct. 31, 2011.
]]> Now it seems that Kardashian has attempted further action that may finally set her status as "single," at least in the eyes of the law. The Hollywood starlet recently announced that she and new boyfriend Kanye West were expecting a child together and, predictably, the couple's fast-approaching due date has upped her motivation to settle her divorce from Humphries.Kim filed in Los Angeles Superior Court for a bifurcation of status from Humphries, which, if granted by a judge, would legally return both parties' status to single, while still leaving the terms of their divorce case on the table to be resolved at a later date. Attorneys will negotiate the request in court on Feb. 15.
The terms of a divorce settlement between Kardashian and Humphries have been hotly contested for over a year. Humphries is seeking an annulment-his attorneys currently claim that his 72-day marriage to Kardashian was a fraud. Kim, on the other hand, has been seeking a settlement that will likely provide her with even more financial gain as a result of their time together.
Until the two can come to a legal conclusion, whatever that may look like, their status as married will remain and Kardashian may have to welcome her new baby into the world while still married to Humphries.
For couples who need to become "single" as quickly as possible but still anticipate an extended divorce process, exploring options such as a bifurcation of status may provide some immediate relief. Working with an experienced family law attorney is the surest way to complete the legal steps involved.
Source: HLN TV, "Can Kim K. really hasten her divorce?!" Graham Winch, Feb. 08, 2013
• Our firm can help California couples through any and all steps in the separation process. For more information, contact our Santa Ana family law page.
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