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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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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Avoid These Five Bits of Bad Advice When You Start Thinking About Divorce

Friends and loved ones routinely, though unintentionally, can give you bad or incorrect advice when the subject of divorce rears its ugly head. While those close to you are important to lean on in such a personal, uncertain and transitional time in your life, it is vital to speak with a skilled family law attorney to ensure that whatever path you go down, it is legally and factually correct. Doing so will help you avoid each of the following bits of “advice” that are not correct and can actually cause problems in any divorce proceeding.

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Compelling? Yes. Admissible? No.

One of the more challenging tasks family law practitioners are faced with is balancing their client’s often compelling and moving story against evidentiary rules and practices in court and in pleadings. While the client’s story can be compelling due to how serious and emotional the matter is, often much of their story is not admissible in court due to the rules of evidence.

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Living Separate and Apart: More Than Just Moving Out of the Bedroom

On July 20, 2015, in the seminal case of In re Marriage of Davis, the California Supreme Court ruled that a couple is only living separate and apart when they no longer reside together under the same roof. Thus, while the marriage may be over on an emotional, sexual or even public level, the spouses are not living separate and apart so long as they continue to reside together in the same household.

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The Roles They Play

Spouses, either consciously or unconsciously, take on certain roles in marriages, whether by choice, by default or by virtue of a personality trait.  Common examples are the roles of the breadwinner and caretaker of the children. Another illustration involves the financial dealings for the family: one spouse may handle them all, while the other spouse chooses to not be involved or is kept in the dark. Whichever role a spouse plays in the marriage, that role often continues into a divorce.

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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.”