Articles/Blawg

I’ve presented these articles which I have written because I feel they offer good information for my clients. Reading them at your leisure will help you better understand your situation. If you have any questions regarding what you’ve read here, especially how it may relate to your own family law issue, please feel free to contact my office. We will be happy to arrange a consultation to discuss all your questions.

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Your Spouse Just Told You He/She Wants a Divorce: 3 Things to Do Now

You are in shock.  You finished dinner, put the kids to bed and just as you are falling asleep, your spouse comes to the bedroom and says, “I am not happy; I want a divorce.”  You spend hours talking about this pronouncement– trying to figure out what went wrong and if your marriage can be fixed – only to realize, it’s over.  Now what?  Here are three things to do now (besides seeking legal advice immediately):

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Three Questions a Business Owner Should Ask Before Hiring a Divorce Lawyer

There are many questions that one should ask a divorce lawyer, but a business owner (or his or her spouse) has an issue that is not present in every divorce:  the business itself.  While both spouses have a financial interest in the business, it is not uncommon for one spouse to operate the business. It is the operating spouse who is earning his or her living from the business; who has invested his or her heart and soul into the business; and worries (likely on a daily basis) about the success or failure of the business – the feeling that it is all on his or her shoulders.

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What’s Yours is Mine and What’s Mine is Yours

Those involved in the divorce process often painstakingly comb through financial documents to map out the source of funds used to purchase property in an effort to develop and prepare the necessary evidence to characterize property as either community or separate property. Thus, the focus tends to be on property that has been acquired during the marriage; i.e. property that has been brought into the marriage. But, what about community property that has been gifted or disposed of, during the marriage, i.e. community property that’s been given away during the marriage?

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The Divorce Tightrope: Settlement vs. Trial

An often heard plea from my clients is, “But I am offering a reasonable settlement that is not being accepted; and now we have to prepare for trial?”  My response is, “Yes, because we are on that tightrope where if settlement of each and every detail is not agreed upon, we fall off the tightrope and fall through space with quicker and quicker speed toward trial.  We need to be prepared.”

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Young Divorcées

You’re in your late 20s or early 30s, and you’re hit with a milestone you never wanted to achieve: you’re getting divorced. Whether you made a mistake in marrying your soon-to-be ex-spouse, or realized marriage is just not a right fit for you, you are now embarking on a slight detour in the road you once thought led to “happily ever after.”

A young, soon-to-be divorcée may encounter some of the following experiences during their divorce:

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Social Security Benefits are Not Community Property

“My Social Security retirement is mine; but your pension is ours.”  Essentially, what’s mine is mine; what’s yours is ours.  This is true when it comes to Social Security retirement and a private pension plan upon divorce.

Federal Versus State

It is a common understanding, as well as a legal presumption in family law, that all property, real or personal, acquired during the marriage is community property and subject to an equal division during a divorce.  While the definition of community property encompasses all property acquired during the marriage, one particular piece of property is excluded: Social Security benefits. This is because federal law mandates that Social Security benefits earned during the marriage are, and remain, the separate property of the spouse who earned them while employed.

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Five New Year’s Resolutions to Consider during Divorce

When you’re in the midst of a divorce, the New Year becomes an even greater symbol of a new beginning and of starting over. Perhaps, the New Year’s Eve song “Auld Lang Syne” means even more to you now during your divorce when you sing the lyrics, “should old acquaintance be forgot, and never brought to mind?”

Though you can’t totally forget your ex-spouse during a divorce, you can resolve to become a stronger advocate for yourself, as you partner with your divorce attorney to bring both your marriage, and the accompanying litigation, to an end. The following are five New Year’s Resolutions that anyone soon-to-be divorced should follow to make the New Year, and the divorce, a more streamlined and, hopefully, an easier process:

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Incapacitated and Unable to Work: Making the Case for Adult Child Support

In the majority of family law cases, child support will terminate upon the earliest of specific triggering events, such as the child’s completing high school, reaching age 19, or achieving other certain milestones. However, in some cases, children may receive child support into their adulthood.

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A Shift in the Economic Balance of the Family: Husbands Seeking Spousal Support From Wives

As women continue to make significant strides in the workforce, the stereotypical role of the “breadwinner” in the family is changing. No longer is the breadwinner always the man in the family. More than ever, increasingly more women are bringing home the bacon. 

According to the United States Department of Labor, Bureau of Labor Statistics, in 2013, 29.3 percent of wives earned more than their husbands in families where both the wives and husbands have earnings. Further, as stated in a report from the White House Council of Economic Advisors, women are increasingly becoming more educated and make up a larger portion of the country’s workforce.

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Planning Ahead: Divorce and Advanced Health Care Directives

As former NBA star Lamar Odom continues to make progress following his recent hospitalization after being found unresponsive in a Nevada brothel, the headlines swirl regarding the involvement of his soon-to-be ex-wife, Khloe Kardashian, in his medical care.

Multiple news outlets report that Mr. Odom and Ms. Kardashian signed their divorce judgment in or around July, 2015, but their Judgment of Dissolution — the final decree of divorce terminating their marital status — has not yet been entered by the court.

Therefore, Mr. Odom and Ms. Kardashian are still legally husband and wife. As a result, without Mr. Odom having an Advance Health Care Directive appointing someone other than his wife to make medical decisions on his behalf, Ms. Kardashian has been made responsible for this great task. 

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Marlo says...
“A great way to help alleviate your concerns is to learn more about the process. Reviewing this information could also help you develop questions you hadn’t thought of before.”