Our legal team at Divorce Lawyers Los Angeles has experience representing clients in a wide variety of divorce and family law cases and can provide you with honest and upfront legal advice about any number of issues related to your divorce, including child custody, child support and alimony, to name a few. Our attorneys understand that a divorce can be difficult and painful for parents and their children alike and we will work tirelessly to help your family reach a solution that best suits your needs and your legal rights under California law.
Since divorcing last year, Channing Tatum and Jenna Dewan have not followed a "consistent or formal" co-parenting schedule or custody arrangement. Channing, in prioritizing his relationship with their daughter Everly, has hopes that having an official custody arrangement will help the five-year-old "thrive even more." An Unusual Celebrity Co-Parenting Schedule According to court documents, The post An Unusual Celebrity Co-Parenting Schedule appeared first on...
Since divorcing last year, Channing Tatum and Jenna Dewan have not followed a “consistent or formal” co-parenting schedule or custody arrangement. Channing, in prioritizing his relationship with their daughter Everly, has hopes that having an official custody arrangement will help the five-year-old “thrive even more.”
According to court documents, Channing hopes to have a custody and co-parenting arrangement that is “equal, mutual and self-executing.”
Tatum also requested custody on Mondays and Tuesdays, while Jenna will be responsible for her care on Wednesday and Thursday. The parents will alternate visitation on the weekends and “equally divide and alternate” custody during the holidays.
The only holiday that the parents will try to spend together is Halloween, during which they “shall try to work together to try to spend Halloween together, trick or treating with Everly from 5:00 p.m. to 7:00 p.m.”
Despite the fact that visitation has seemingly been inconsistent, Channing says, “Since our separation and on the occasions that we have been together, Everly appears very happy and comfortable when she is with [Jenna] and me.”
He adds, “In my opinion and experience, Everly has appeared to adjust to our separation and living in two homes exceptionally well.”
Divorce is hard on all fronts. If you’re going through divorce, have gone through divorce, or are about to file, you need to do things that will allow you to move on. These things very well might feel impossible on most days. Take each day at a time. Give yourself some grace. And take a look at our tips for keeping your head up.
Divorce will change your life in more ways than one. Regardless of how strong you are, divorce is challenging – in ways you never even expected. As you face a range of emotions – from anger to relief, to confusion and humiliation, depression, and fear, you need to remember one thing: you WILL get through this.
Going through a divorce can be one of the most difficult, stressful and emotionally draining experiences in a person’s life, and hiring an attorney early in the process can help avoid the mistakes that inevitably occur when parties seeking divorce represent themselves in court. The legal system can be confusing for anyone without an extensive legal background and family law cases, in particular, can become complicated and messy when not dealt with properly. Our attorneys at Divorce Lawyers Los Angeles have the experience and resources necessary to handle high-asset divorces in L.A. and the surrounding areas, and the competence to resolve critical disputes, including those that involve marital property division and child custody and co-parenting arrangements. Whether your California divorce case requires aggressive negotiation, mediation or representation at trial, hiring a knowledgeable attorney to represent your case can help ease any concerns you may have about the outcome of your case and may even help resolve your case more quickly.
California is a no-fault divorce state, which means that either party in a marriage has the right to file for divorce for no other reason than “irreconcilable differences,” and property settlements in CA divorce cases are not influenced by the behavior of either spouse, although child custody and visitation rights can be. Under California Family Code § 2320, in order for a judge to grant a divorce in California, one of the spouses must have been a resident of the state for six months, and in most cases, the individual seeking divorce must file in his or her county of residence, where he or she must have lived for at least three months. Once the divorce papers have been filed, California law dictates that the filing party must wait at least six months from the date the other spouse received the paperwork before the divorce can be finalized.
The steps you need to take to file your divorce will depend on the particulars of your situation and circumstances. A divorce where the parties have been married for a relatively short period of time, have no children, and little property or debts is typically less involved than a divorce where the parties have been married for a long period of time, where there are minor children, or where there is significant property or debt to divide.
The divorce process is also made simpler in cases where both parties want to and agree to divorce. In cases where one party wants a divorce and the other does not, the opposing party might choose to prolong the process as much as possible.
If both parties are able to agree to the terms of the divorce, the process will be smoother as opposed to one where both parties are constantly disagreeing and fighting over the terms.
The first step in the divorce process is filing a petition. Even when both parties agree to divorce, one of them will need to file a petition that states the grounds for the divorce. The grounds for divorce vary depending on the jurisdiction. All jurisdictions allow for some type of no-fault grounds such as “irreconcilable differences”, but only a few states still consider fault grounds for divorce, such as adultery or abandonment. California is a no-fault state so the grounds will be “irreconcilable differences.”
Next, temporary orders will need to be put in place. These orders are for spousal and/or child support and custody. A temporary order is usually granted within a few days and remains in effect until a full court hearing.
The party that files the divorce also needs to file proof of service of process. This is a document that shows a copy of the divorce petition was given to the other party. If you are working with an attorney, he or she will be able to arrange this.
The party who receives service of process then needs to file a response to the petition. The responding party may choose to assert a defense to the grounds. If there is disagreement as to property division, support, custody, or any other issue, this should be set out in the response.
If the parties don’t agree on all the issues such as child custody, co-parenting schedules, or spousal support, they will need to try to negotiate their differences. A court may schedule settlement conferences in an attempt to have the parties resolve their issues. If the parties disagree on child custody and visitation, the court may also choose to order mediation, evaluation of the children and parents by a social worker or other court employee and that a lawyer or guardian ad litem be appointed to represent the children. Other issues that may need to be negotiated are the property division and any spousal support.
Any issues the parties cannot resolve between themselves will be decided at a trial. However, going to trial takes longer, costs more money, and may have less predictable results.
The order of dissolution ends the marriage and spells out how property and debts are to be divided, child custody, support and any other issues. When the parties negotiate their own resolution to all of the issues, they draft the order of dissolution and submit it to the court. If the order of dissolution complies with legal requirements and both parties entered into it knowingly and willingly, then a judge approves it. Otherwise the court will issue an Order of Dissolution at the end of the trial.
Not all divorce cases in California go to court. In some cases, couples can resolve their divorce disputes through negotiation or mediation, during which an attorney can make sure your best interests are being represented. Too often, couples filing for divorce believe they can handle the proceedings on their own and end up making a bigger mess of their situation than they started with. While we do encourage spouses filing for divorce to reach an agreement outside of court and try to avoid divorce litigation altogether, especially when children are involved, our experienced Los Angeles divorce attorneys can assist with every aspect of the divorce process and will aggressively represent your case before a judge if it comes to that. Whatever the circumstances surrounding your case, we still stand by your side and ensure that your legal rights are protected throughout the process.
Divorce proceedings are not always simple and straightforward, especially when children are involved. In many cases, the consequences of a divorce can affect a person for the rest of his or her life, possibly resulting in a significant loss of financial support or reduced child visitation rights. A qualified divorce attorney however, can help you navigate the complex intricacies of family law and can negotiate the best settlement on your behalf. For more information about California divorce law and the divorce process, contact Divorce Lawyers Los Angeles for a risk-free initial consultation. Our main goal as divorce attorneys is to help you evaluate your options under California law and make informed decisions that protect your interests and legal rights. Don’t wait to get help, call our Los Angeles legal team today at (213) 550-4600.
Divorce Lawyers Los Angeles
5455 Wilshire Blvd
Los Angeles, CA 90036
Phone: (213) 550-4600
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After Jeff Bezos announced his divorce in January, investors paused to see which route Amazon was going to take. If you follow the stock market, it's clear that Amazon stock was hit hard in 2018. Various reasons contributed, but stockholders couldn't help but ask, " was Bezos distracted with his divorce when Amazon was The post Did Jeff Bezos’ Divorce Impact Amazon? appeared first on...
After Jeff Bezos announced his divorce in January, investors paused to see which route Amazon was going to take. If you follow the stock market, it’s clear that Amazon stock was hit hard in 2018. Various reasons contributed, but stockholders couldn’t help but ask, ” was Bezos distracted with his divorce when Amazon was having issues?” Bezos’ divorce and Amazon’s hectic just reaffirms that when business and divorce mix, it is never easy. A successful business and a successful marriage. Can you have both?
For those who are facing divorce while at the same time celebrating a successful business, it might seem like you cannot. The truth is, growing a business and growing a marriage can seem at odds with one another. Time is so limited and it can be hard to juggle both.
For business owners facing divorce, the threat of losing the business as part of the divorce can be an all too real threat. In cases before, businesses have been lost to divorce agreements – either because of property laws or as the result of a sale in order to raise cash.
It’s an all-too-typical scenario: You get married young with no prenuptial agreement. At the time, you have a burgeoning business with funds of about $100,000. A few years later that business is worth $5 million, your spouse has stake in the business, and now you’re having marital issues.
If you’re a business owner who is having marital issues, there are a few strategies that can help preserve your business. You’ll want to take every precaution to do so.
Here are seven strategies to consider if your company is considered a joint asset.
An important note: It’s rare for a business to be sold off to satisfy a divorce settlement because it would deprive the business owner of the future income needed to pay support payments.
Filing for divorce can be a complicated process for anyone seeking to fairly divide their community property while safeguarding their financial well-being, but when business ownership and complex property division comes into play, the stakes are significantly higher. Business owners in Los Angeles have much to consider when filing for divorce, especially if they want to protect the integrity and financial security of a business they owned or acquired before marriage, or ensure a shared business venture is valued appropriately and divided fairly by the courts.
Property division laws vary state by state, and in California, any property acquired by the couple in marriage is considered “community property” to be divided equally in divorce, which may not seem fair to you if you put more money or work into the business than your spouse did. If you are filing for divorce as a business owner in Los Angeles, or if you have been served divorce papers by your high net worth spouse, it is critical that you consult an experienced divorce attorney to evaluate your options. Our legal team at Divorce Lawyers Los Angeles specializes in family law and has extensive experience in business division and valuation in divorce. We can provide you with valuable legal guidance throughout the divorce process and help you determine what property and assets you are entitled to under California’s community property laws. Our attorneys will always try to help divorcing couples who own a business work out the issue of complex property division outside of court, using dispute resolution methods, but we are also prepared to aggressively represent our clients in court, should a trial become necessary.
Under California’s community property division laws, in absence of an agreement saying otherwise, all assets (and debts) a couple acquires in marriage belong to both spouses equally and must therefore be divided 50-50 in divorce. Business ownership is treated as an asset in divorce, and there are a variety of ways to divide a Los Angeles business depending on whether it is considered marital or separate property, or both. If one spouse owned or inherited the business before marriage, it is likely the asset will be considered a mixture of marital and separate property, which is where things can get complicated. In cases where a business owner or high net worth individual enters into a marriage already owning significant separate property and assets, including one or more businesses, a prenuptial or postnuptial agreement may be drafted to protect the individual’s property in the event of a divorce or death, in which case the agreement will dictate how the property should be divided.
Before you find yourself in a spot where you might lose your business, consider these preventative options.
In most divorces, the division of marital property involves splitting up assets like the family residence, vehicles, bank accounts, debts and retirement accounts. More complex divorce matters in Los Angeles, however, may include the division of other high-value property, including one or more businesses. There are various ways in which the issue of business co-ownership can be handled when doctors, lawyers and other business owners in Los Angeles decide to divorce:
Complex property division is typically a hotly-contested issue among divorcing couples in Los Angeles and complex divorces can take time to resolve, possibly dragging out over a period of months or even years. Full disclosure of the value of the business is imperative in dividing it equally, and business valuation can be a complicated, time-consuming and costly process, especially if it comes down to one spouse being awarded the business and paying the other for his or her community share in the business.
Divorce is rarely a pleasant process, but for the owners of one or more businesses, it can spell disaster. Some married couples who own a business together manage to be successful in both ventures, but in cases where the marriage deteriorates, and the ownership of the business becomes an asset to be divided in divorce, the divorce process can become extremely complicated and expensive, particularly if the case goes to trial. Selling or dividing a business is no easy undertaking, and the divorce process in Los Angeles can be extremely disruptive for business owners, especially when it comes to determining the value of the business and ensuring that it is split up fairly.
There are also situations in which one spouse may wish to challenge a prenuptial agreement in court. If, for instance, you signed away your right to the business before getting married, but then during the marriage played an important role in the operation of the business, you may have grounds to challenge the agreement in court, in which case having a Los Angeles divorce attorney on your side can significantly improve your chances of achieving a favorable outcome. Our attorneys at Divorce Lawyers Los Angeles understand that no two marriages or divorces are the same, especially when business ownership is a factor in the divorce proceedings, and we can offer legal representation as unique as your personal and professional relationship.
Divorce Lawyers Los Angeles
5455 Wilshire Blvd
Los Angeles, CA 90036
Phone: (213) 550-4600
The post Did Jeff Bezos’ Divorce Impact Amazon? appeared first on https://divorcelawyerslosangeles.com/family-law/divorce/.
Doctors are in the practice of saving lives. When they can’t save their marriages, the fact that they’re a doctor can make the divorce even more difficult. Why is that? Because often times the practice will be counted as a asset when it comes to property division. This is why, if you are a The post When Doctors Get Divorced appeared first on...
Doctors are in the practice of saving lives. When they can’t save their marriages, the fact that they’re a doctor can make the divorce even more difficult. Why is that? Because often times the practice will be counted as a asset when it comes to property division. This is why, if you are a doctor and you are going through a divorce, you’ll want to contact a divorce and family law attorney that can advise you on the next steps.
When it comes to property division in divorce, being a doctor can complicate an already complicated situation. According to statistics, one in three married physicians will go through a divorce, which isn’t all that surprising, given the fact that physicians often work long hours and sometimes have to put the needs of their patients before their own or their family’s. there are many factors that contribute to divorce, but among doctors here are some common reasons:
Divorces, in general, are often complicated situations, but in the case of a medical doctor with significant property and assets or high net worth, it can be even more so.
One of the most important things to consider when filing for divorce is that California is a community property state, which means that all assets and debts acquired during the marriage belong to both spouses equally and must, therefore, be equally divided in divorce, which is why many medical doctors in California insist on a prenuptial or postnuptial agreement. If you are a medical doctor in Los Angeles and you opened your practice after getting married, the financial value of the practice or the increase in the practice’s value during the marriage could be subject to a 50-50 split during your divorce. Even if your practice was already established when you were married, but your spouse gave up a potentially promising career to further your own aspirations or worked in the office at a reduced pay or without any pay, your spouse may be entitled to a share of the practice in divorce.
When it comes to property division, the divorcing couple must do three things: determine whether the property or debt is marital or separate, agree on a value for the marital property, and decide how to divide the marital property equally. The division of marital property in California is final, which is why it’s important that you obtain the best possible result from the outset, and this is where having an experienced family law attorney on your side is immensely helpful.
When a physician gets divorced the value of the medical practice as a financial asset must be determined. These days, most doctors belong to a partnership or group practice. A knowledgeable family law attorney like the ones at Divorce Lawyers Los Angeles will ask the following key questions to get the evaluation process started:
What kind of entity is the group practice?
Was it established before or during the marriage?
How was the practice funded?
Was stock issued to any participants?
Is there a buy/sell agreement for the business?
Is there any future vesting of ownership/stock the participant could be entitled to after the divorce is finalized if the participant acquired such a right during the marriage?
You’ll want to make sure you have all this information because it will affect the valuation of the practice. Chances are your lawyer will suggest working with an accountant with experience in assessing the value of medical practices specifically. That accountant will examine tangible and financial assets, accounts receivable, office equipment and furniture, the office lease and the overall value of the practice including profitability.
The valuation may also include what is known as “goodwill.” Goodwill is considered an intangible asset and means the expectation of continued patronage of the practice, or whether the physician will continue to be able to maintain as well as increase the number of patients. To asses this, many things are considered, including the physician’s age, health, skills, knowledge, reputation and earning power. The length of time the practice has been open, the location of the practice, and the existing patients will all be taken into consideration when determining “goodwill.”
Other liabilities to consider include insurance costs, taxes due, contributions to retirement plans and loans.
An accountant will also make sure that the divorcing partner has been receiving his or her fair share of income from the practice and that the amount is equivalent to what the other partners are receiving. You will need to be forthright with your financial information. Any effort to misrepresent your income could be considered fraud. It’s also advised that you notify your partners in practice of the impending divorce. In certain situations the divorce might become their legal problem as well.
In many jurisdictions a non-physician cannot own a medical practice or employ a physician. Legally, a spouse who is not a physician cannot, under any circumstances, take over a share of a medical practice. This is important to remember because that means a spouse that is not a physician cannot become an “owner” of the practice as part of a divorce settlement.
Divorcing spouses will need to arrive at a financial settlement based on the value of the practice. If spouses are unable to decide, it will be left up to the court to decide for both parties.
If you are able to, you should include in practice agreements a stipulation that if the marriage of one of the partners or participants is dissolved, all of that member’s stock in the practice is forfeited. (It may be possible for the doctor in the divorce to buy back into the practice once the divorce is completed.
It’s essential that if you are a doctor and you are facing divorce that you choose an attorney with substantial experience in the process. Some of the most costly legal mistakes doctors make in a divorce include:
Working with a lawyer that is skilled with not only physician involved divorces, but also skilled with high-net-worth divorces is crucial to having the best result in your divorce.
Divorce is often complicated and messy, and even in situations where both spouses agree to dissolve the marriage, a divorce is not always a straightforward resolution, especially for medical doctors. A divorce can have serious consequences on your children, friends and relatives, and if you own your own medical practice, on your employees and on the practice itself. Many physicians in Los Angeles have toiled for years and sacrificed a great deal in other parts of their lives to build successful medical practices. What they don’t realize is that, in the event of a divorce, if their spouse claims the practice as marital property and demands payment of cash or other assets, their practice could be at stake.
There are also the issues of spousal support, or alimony, and child support to consider, both of which you may be ordered to pay if you get a divorce and you are the higher-earning spouse and/or if your children live with your spouse the majority of the time. During divorce proceedings, the court can decide which spouse gets custody of the children (if the couple has children together), what amount of child support or alimony will be paid, and how to divide the marital property. It’s also important to note that California is a no-fault divorce state, which means proof of misconduct has no bearing on the judge’s decision to grant a divorce, though it may be relevant to other decisions, including the calculation of spousal support.
Going through a divorce can be complicated, stressful and exhausting, and many times, couples will disagree on how their property should be divided, which can cause the divorce proceedings to drag on longer than anticipated. Because so many different issues can arise from a divorce filing, it’s important that you have a knowledgeable California family law attorney on your side who has a proven track record in Los Angeles divorce cases. Simply put, an attorney with experience representing medical doctors in Los Angeles divorce proceedings can make the divorce process significantly easier on you and your family. Our attorneys at Divorce Lawyers Los Angeles are committed to protecting your rights under California law and will work tirelessly to minimize the emotional and financial consequences of a divorce and help you obtain a fair settlement in your case.
One of the most contentious legal issues arising from Los Angeles divorce proceedings is the division of property and assets, and this is especially true for medical doctors with a high net worth. The adverse consequences of a divorce can have an effect on the rest of your life, and as in other areas of family law practice, the first step towards success in a medical doctor divorce case is hiring the right attorney to represent your best interests. If you are considering filing for divorce in Los Angeles, or if you have been served divorce papers by your spouse, and one of you is a medical doctor, contact Divorce Lawyers Los Angeles today at (213) 550-4600 for a free initial consultation.
Divorce Lawyers Los Angeles
5455 Wilshire Blvd
Los Angeles, CA 90036
Phone: (213) 550-4600
The post When Doctors Get Divorced appeared first on https://divorcelawyerslosangeles.com/family-law/divorce/.
Divorce is stressful for everyone involved, including and especially for children. You’ll want to do your best to try and ease your kids through the process as best you can. Working with a family law attorney to figure out your child custody arrangement can help create a sense of normalcy which will allow you The post When Parents Divorce – How to Help Kids Cope appeared first on...
Divorce is stressful for everyone involved, including and especially for children. You’ll want to do your best to try and ease your kids through the process as best you can. Working with a family law attorney to figure out your child custody arrangement can help create a sense of normalcy which will allow you to create a safe, comforting “new normal” for your child.
How a child will react to divorce is entirely based on their age, personality, and the circumstances of the separation and divorce process. Numerous studies have been done over the years on children of divorced parents in comparison to children of parents who do not divorce.
Research comparing children of divorced parents to children with married parents shows increased risks for the following:
* Children from divorced homes are more likely to struggle academically when compared to children whose parents stay together. It’s also been shown children of divorced parents experience higher levels of behavioral problems, their grades suffer as a result, and so they are less likely to graduate from high school.
* Kids whose parents divorce are more likely to be incarcerated as juveniles for committing a crime.
* Children in divorced homes are almost five times more likely to live in poverty than are children with married parents. This because the custodial parent’s income typically drops after a divorce. This is why it’s important to really ensure that a child is taken care of via alimony and child support payments.
* Teens from divorced homes are much more likely to engage in drug and alcohol use, as well as sexual intercourse.
* Children from divorced homes experience illness more frequently and recover from sickness more slowly, are more likely to suffer from depression, and tend to suffer more frequently from symptoms of psychological distress.
It goes without saying that divorce is hard for children. What’s familiar to them – what they’ve most likely known since infancy – is their family. All of a sudden that dynamic is thrown off and they are thrust into a new world where they don’t see their parents as often. It can be very confusing for a child who might not fully grasp the full depths of relationships and how those relationships change.
In addition to feelings of sadness, children can also experience anger about their family changing. Children also often have misconceptions and confusion about divorce and can experience guilt or worry related to those misconceptions. Anxiety is often an emotion that children experience with divorce. There are tons of questions about what the family will be like now, where they will live, what happened, etc… Children may feel torn between parents and experience loyalty conflict. There is a myriad of emotions a child of divorce will feel, so it’s crucial that the parents put the child first and address these feelings head-on.
You’ll want to provide a healthy outlet to process what your children are feeling. You’ll need to help them along the way as they gain skills to cope with their new normal.
A “new normal” can be a difficult thing to create, especially if you and you ex-spouse are having issues with determining child custody.
If you are going through a divorce or are involved in a tense child custody battle, you know how ugly and hurtful these types of cases can be for everyone involved, especially children. When it comes to legal matters that have a direct effect on your family, such as marriage dissolution, paternity, child custody and spousal support, it pays to have a lawyer on your side who has experience handling such cases effectively and efficiently. That way you can try to avoid a case that ends up being dragged out over months or even years, which is common with some family law matters.
Determining child custody in a California divorce case is a sensitive, stressful matter that can easily become a point of contention among couples who are unable to agree on a shared plan for co-parenting their children. Our family law attorneys at Divorce Lawyers Los Angeles have experience guiding divorce clients through productive child custody negotiations and can help you and the other parent create a workable, amicable custody agreement that meets the needs of the two of you and your children as well. In some cases, California child custody disputes can be resolved outside of court, through mediation, but in many situations these family law cases end up going to trial. Either way, our Los Angeles child custody lawyers will represent your legal rights to the full extent of the law.
When couples who have children together get a divorce or legally separate, one of their most important considerations should be establishing parental custody and visitation rights. There are two main types of child custody under California law: legal and physical custody.
Legal custody (California Family Code § 3003) can be joint, in which both parents share the right and responsibility to make important decisions about their children’s health, welfare and education, or sole, in which one parent is granted the exclusive responsibility for making these decisions, though the other parent may still have visiting rights. It is the presumption of the court in most divorce proceedings that it is in the best interest of the child to have continuing contact with both parents. However, if the parents are unable to agree on a parenting plan, it is up to the court to decide how they will share time with their children. Parents with legal custody are responsible for making the major decisions or choices about their children’s schooling or child care, residence, religious activities, mental health needs, medical needs, travel and extracurricular activities.
Physical custody (California Family Code § 3004) can also be joint, which means the children live with both parents, or sole, which means the children live with one parent for most of the time and may schedule regular visits with the other parent. California law favors joint legal and physical custody when both parents can agree to it. If they don’t agree, the court will establish a parenting plan that is in the children’s best interests.
Parental custody rights vary from state to state, and in California, the courts typically base their child custody and visitation decisions on what is best for the health, safety and welfare of the children in question, whereas in the past, they would typically automatically give custody to the mother over the father. To set up a child custody or visitation order for your children, you or the other parent must request an order from the court. This can happen in one of two ways. If you already have a family court case in progress, for your divorce for example, you can ask for a court date for custody and visitation issues. During divorce proceedings, either parent can file for legal or physical custody of their children, and in order to do so, the parent must file the proper child custody forms requesting a court order that awards joint or sole custody of the children. If you do not have an open case and need to start one, you can file a Petition for Custody and Support of Minor Children, which allows the court to make custody and visitation arrangements. When making a child custody and visitation decision in California, the court will take into consideration a number of factors, including the following:
Children of divorced parents in California have the right to spend time with both parents, provided both parents are able to keep them safe and can care for them in an appropriate manner. However, when determining what is in the best interest of a child in terms of custody, the court is allowed a great deal of discretion and the judge assigned to your case may consider any number of factors in making his or her decision about where your children should live, and which parent has the right to make the most important decisions about your children’s lives.
Our attorneys at Divorce Lawyers Los Angeles understand that it is often in the best interest of a child for his or her parents to come to an amicable agreement regarding child custody or visitation, as it avoids your family’s future being dictated by a judge who is unfamiliar with your situation and needs, and we can help guide you through this difficult process in a manner that is satisfactory for all parties. However, if you are unable to agree to custody terms with the other parent and your case goes to trial, our attorneys will represent your case with the competence and compassion a sensitive situation like this requires.
Divorce and parental custody rights are extremely important family law matters, and California law requires parents who are unable to reach an amicable custody agreement on their own to attend mediation before going to court, where a judge will determine custody. The main objective of our law firm is to help clients reach fair and fast resolutions to their marriage dissolution and child custody disputes, and we are committed to providing you with the personal attention and qualified representation you deserve, from the moment you enlist our help until the last piece of paperwork is signed. If you are involved in a contentious child custody dispute in California, contact our child custody attorneys at Divorce Lawyers Los Angeles today at (213) 550-4600 for a free initial consultation. Our legal team has extensive experience protecting the rights of California parents filing for divorce, and will provide you with knowledgeable, compassionate representation in all aspects of your child custody matter.
Divorce Lawyers Los Angeles
5455 Wilshire Blvd
Los Angeles, CA 90036
Phone: (213) 550-4600
The post When Parents Divorce – How to Help Kids Cope appeared first on https://divorcelawyerslosangeles.com/family-law/divorce/.
Former NBA star Matt Barnes has accused ex, Gloria Govan, of violating the restraining order he has in place against her. According to him, she's violated the order 59 times and he's looking to place her in jail as a result of those violations. NBA Star's Ex in Violation of Restraining Order The couple The post NBA Star’s Ex in Violation of Restraining Order appeared first on...
Former NBA star Matt Barnes has accused ex, Gloria Govan, of violating the restraining order he has in place against her. According to him, she’s violated the order 59 times and he’s looking to place her in jail as a result of those violations.
The couple starred on the show Basketball Wives and after a contentious custody battle between the two, Barnes won sole custody of his 10-year-old twins that he shares with Govan.
Barnes received a restraining order against Govan after a violent confrontation. According to reports, Govan allegedly used her SUV as a “deadly weapon,” and was accused of endangering their kids when Barnes tried to pull them out of the car. According to Barnes, Govan put the car in reverse and hit the gas, which caused one of her sons, who was exiting the vehicle, to hit his head.
Govan was arrested following the incident but released shortly after.
According to Barnes’ attorney, Larry Bakman, Barnes insists Govan has repeatedly broken the rules of the court’s restraining order because she texted the kids, set up unauthorized FaceTime calls and kept tabs on her kids with tracking software, among other things.
Govan’s attorney responded that most of the allegations do not constitute violations of the order and he intends to file a motion to dismiss on behalf of his client. Both parties are due back in court in February.
Family law and criminal law are two very different areas of law, but when a domestic violence restraining order is introduced into divorce proceedings, these two areas may overlap, and this can make negotiating a divorce settlement a challenging endeavor. Restraining orders in California divorce cases can prevent the restrained individual from owning a gun or going near the victim and his or her children, or they can require the individual to move out of a residence or adhere to child custody and visitation instructions. If you are seeking a divorce in Los Angeles and your spouse has a domestic violence restraining order against him or her, or if you have been falsely accused of domestic violence by your spouse, contact Divorce Lawyers Los Angeles today for a free initial consultation. Our attorneys have extensive experience representing clients in all types of family law cases and can provide you with the legal guidance you need to get the best divorce settlement possible.
Domestic violence is a serious and pervasive issue in California and across the country, and in a dissolution of marriage case complicated by allegations of abuse or a domestic violence conviction, the matter of a restraining order may arise, which can affect the way the divorce proceedings take place. Whether the domestic abuse led to the divorce action, or stemmed from it, there are certain protections available to abused spouses under California family law, and an experienced Los Angeles divorce attorney can ensure that you are fully aware of your legal rights when seeking a divorce in California. At Divorce Lawyers Los Angeles, we understand that no two divorce cases are the same, and we are fully prepared to represent your best interests in court, no matter how complicated the circumstances may be.
California is a no-fault divorce state, which means misconduct on the part of one spouse or the other has no bearing on the judge’s decision to grant the divorce. Even in cases where one spouse has been accused or convicted of domestic violence against the other spouse, the grounds for divorce will be based on “irreconcilable differences.” However, a domestic violence restraining order can still have an impact on other parts of a Los Angeles divorce case, including the divorce process itself and the outcome of the divorce proceedings, particularly if child custody, child support or spousal support are at issue.
For example, in most divorce cases, the divorcing spouses are encouraged to attend mediation to try to reach a workable and amicable agreement with regard to important issues, such as property division, child custody and alimony or spousal support. However, with a domestic violence restraining order in effect, the spouse accused of abuse may not be allowed to go near the alleged victim, and even with attorneys acting as mediators for the couple, a past history of violence can make negotiation impractical or impossible. The terms of a restraining order may even prohibit the alleged abuser from remaining in the family home during the divorce process, even if the home is considered community property.
A domestic violence restraining order may not only affect the way a divorce case proceeds, it can also have an impact on the outcome of divorce proceedings, such as the judge’s decision to award spousal support or on how to split up the couple’s property. For example, under California Family Code Section 4325, if one spouse has been convicted of domestic violence against the other spouse within five years of the divorce action, the convicted spouse may not be entitled to receive alimony payments. When dividing separate and marital property during divorce proceedings, the court may also decide to award a greater percentage of the marital assets to an abused spouse, if that spouse suffered an adverse economic impact resulting from the abuse.
A restraining order is a court order that can protect you and your children from abuse or harassment during a California divorce or legal separation. There are two main types of restraining orders – a domestic violence restraining order and a civil harassment restraining order – and these types of orders can include various protection orders, including stay-away orders, no-contact orders and “move-out” orders.
The court can issue either a temporary restraining order, valid for up to three weeks, to provide you with protection until your hearing, or a permanent restraining order, valid in most cases for up to five years. If your abuser violates the restraining order, he or she may be required to pay and fine and may even be sentenced to serve time in jail.
Under California’s Domestic Violence Prevention Act, a variety of types of abuse may be considered domestic violence, including child endangerment and spousal abuse, and any such charges can result in a domestic violence restraining order. A Los Angeles family law attorney with experience handling divorce cases and domestic violence restraining orders can help you understand what an accusation of abuse, or a conviction on charges of domestic violence can mean for your divorce. If you wish to request a restraining order against an abusive spouse, our attorneys can prepare the necessary forms detailing what type of protection you need and from whom, and file them with the Superior Court of California. We can also help you collect evidence to support your case, including police reports, medical records, photographs and copies of emails, which can significantly improve your chances of a satisfactory outcome in court. If you have been falsely accused of domestic violence, our lawyers can help you defend yourself against these charges.
Even though the standard grounds for divorce in Los Angeles are no-fault grounds, violent behavior perpetrated by one spouse against another can still have an impact on the outcome of a divorce case. Restraining orders in California are granted by the court to protect abused spouses and their children, and the courts in California understand that such restraining orders can save lives. According to statistics from the California Partnership to End Domestic Violence, about 40% of women in California will experience domestic violence in their lifetime, and of those women, 75% will have children under the age of 18 at home. For more information about domestic violence restraining orders and how they can affect divorce cases in Los Angeles, contact our family law lawyers today at (213) 550-4600. Our legal team at Divorce Lawyers Los Angeles is committed to protecting your legal rights under California law and can improve your chances of a favorable outcome in your divorce case, even under the most difficult of circumstances.
Divorce Lawyers Los Angeles
5455 Wilshire Blvd
Los Angeles, CA 90036
Phone: (213) 550-4600
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There's been a seemingly long-standing trend that January is divorce month. Perhaps it's the familial pressure to stay together during the holidays, or it's the stress of the holidays which cause the tensions to finally break. Regardless of what the reasons actually are (and usually that's not just one holiday season) that are making The post Is January Really Divorce Month? appeared first on...
There’s been a seemingly long-standing trend that January is divorce month. Perhaps it’s the familial pressure to stay together during the holidays, or it’s the stress of the holidays which cause the tensions to finally break. Regardless of what the reasons actually are (and usually that’s not just one holiday season) that are making you consider divorce, you’ll want to understand the next steps you need to take.
It’s not uncommon for people to feel they need to change things up at the beginning of the year. It goes with the whole feeling of the season, and also quite literally with the name of the time of year, “The New Year.” With the changing of the calendar, there comes new opportunities, and perhaps even the reminder or realization that home life just isn’t what it used to be or what a person wants it to be. Chances are, this is a long time coming, but the New Year, with all the newness it brings, can often mean the final decision time.
Going through a divorce can be stressful, costly and emotionally challenging, especially when marital property division and child custody and visitation rights come into play. Being aware of how the divorce process works and hiring an experienced attorney to represent your rights can make the whole process easier on you and your family. If you are considering filing for divorce in Los Angeles, or if you have been served divorce papers by your spouse, don’t wait to get help. Contact Divorce Lawyers Los Angeles today at (213) 550-4600 to discuss your legal options with a knowledgeable divorce attorney.
The decision to dissolve a marriage, whether you’ve been married for five years or 50, can be a difficult one, and the legal team at Divorce Lawyers Los Angeles strives to make the divorce process less stressful for you and your family. Our attorneys have the experience and resources necessary to handle all types of divorce cases in Los Angeles and the surrounding areas, and the compassion to help you and your spouse resolve what can end up being life-changing disputes, such as those involving marital property division, spousal support, and child custody and visitation arrangements. Whether your Los Angeles divorce case requires aggressive negotiation, third-party mediation or assertive representation at trial, our lawyers will work tirelessly to protect your legal rights and help you reach a fair and timely resolution to your divorce disputes.
California is a no-fault divorce state, which means neither spouse has to accuse the other of misconduct in order to file for divorce. Simply put, if the marriage has broken down for any reason, either spouse can file for divorce based on “irreconcilable differences,” even if the other spouse wants to remain married. However, while any individual in California can decide to end their marriage for any reason, there are certain residency requirements associated with the actual process of filing for divorce in California. For example, at least one of the spouses must have been a resident of California for at least six months before filing the divorce petition, and the individual filing the petition must have been a resident of the county in which the petition was filed for at least three months. Once the divorce petition is filed and your spouse has been served the papers, you will have to wait at least six months before the divorce is finalized.
If you and your spouse have been married for less than five years and you don’t own real estate, have no children, and have limited assets and debts, you may qualify for a summary dissolution, which typically means you don’t have to appear before a judge. This is a much simpler process that involves you and your spouse coming to an agreement about how your property and debts will be divided and filing the agreement with the court, along with a joint divorce petition and any other necessary paperwork. If a summary dissolution doesn’t apply to your situation, the typical process for getting divorce in California looks like this:
Research shows that close to 50% of all marriages end in divorce. However, filing for divorce rarely involves two people simply agreeing to go their separate ways without any division of property or debts, or any child support or spousal support disputes to consider. Whether a divorce is uncontested or contested – meaning the spouses disagree on one or more key issues – it’s rarely that easy. Because divorces typically end up being more complicated than one might think, there are certain steps you should take at the beginning of the divorce process to protect your rights, your children and your finances, the most important being enlisting the help of an experienced Los Angeles divorce lawyer.
If you are considering filing for divorce in California, or if you have been served papers by your spouse, there are a number of factors that will come into play during the course of the divorce proceedings. It is important to understand, for instance, how your shared and separate property and debts will be divided between yourself and your spouse, who will get custody of your children, and who will pay child and/or spousal support, and how much. California is one of only a handful of states that implement community property laws, which means the assets and debts spouses acquire during the course of a marriage belong equally to both of them and must be divided equally in divorce.
Filing for divorce can be a complicated process, especially if you and your spouse have children together or a significant amount of property or debt, and this process is often accompanied by a great deal of stress, fear, uncertainty and anger. Having a knowledgeable divorce attorney on your side can eliminate these feelings of fear and uncertainty and improve your chances of a favorable outcome in your case. In some situations, couples filing for divorce in California can work together to reach an amicable decision about the terms of their divorce, or can seek help working out their disagreements from a mediator, and avoid going to court altogether. However, even in these situations, it’s often a good idea to speak to a lawyer before you begin the divorce process, to make sure you know what to do and when, especially if your case ends up going to trial.
It’s important to note that if you have been the victim of domestic violence, you should avoid attempting to work out an agreement with your spouse on your own. Under these circumstances in particular, consulting a divorce attorney about your legal rights is your best course of action.
For many people, the process of getting a divorce can be complicated and confusing and the emotional and financial consequences of a divorce can be life-changing, which is why it’s so important to have a family law expert on your side throughout this process. Some spouses filing for divorce in California may feel confident enough in their legal knowledge to consider representing themselves during their divorce proceedings. However, hiring an experienced lawyer to represent your legal rights is a good idea in California divorce cases, especially if there is considerable property and assets, spousal support or child custody rights at stake. For more information about the divorce process in California, or to discuss your legal options with a knowledgeable divorce attorney, contact Divorce Lawyers Los Angeles today at (213) 550-4600.
Divorce Lawyers Los Angeles
5455 Wilshire Blvd
Los Angeles, CA 90036
Phone: (213) 550-4600
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