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.
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.
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.
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.
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.
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.Learn more
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.
Reprinted from the Tuesday, July 14, 2015 Los Angeles Daily Journal, Marlo Van Oorschot’s article titled “How to value a small business when getting a divorce” explores why a small business may have value in a divorce despite the possibility of having no future value if the operating spouse left the business.
Download this article (pdf)Learn more
He’s making a living, working 9 to 5, but now his wife believes he could be making more. He’s a smart man, with a Master’s degree, and 18 years of experience in his field. However, he earns under $75,000 a year, and with the possibility of a spousal support order in the distant future, his wife believes her soon-to-be ex-husband could earn more; in fact, he has earned more in the past. Thus, how can the wife prove to the court that her husband has the ability to earn more money, and thus increase the possibility of a higher spousal support order?Learn more
When a couple gets divorced, one of the first things either person worries about is the cost. While managing the cost is a reasonable concern, the reality is….here is the honest answer….divorce is expensive. Unless there are no children, virtually no assets, each person is self-supporting and there is no issue of domestic violence, divorce is going to be costly. Think about the reason why. Likely no other area of the law, in a single lawsuit, presents the parties and their lawyers with the myriad of different and often unrelated legal and emotional issues which must be handled.Learn more
The receipt of spousal support and a share of the community property in a divorce does not relieve the spouse who is being financially supported from being accountable for his or her financial future. Just when one thinks they are free from scrutiny, they are not.
Supported spouses (in other words, a divorced spouse who receives support payments as part of the divorce settlement) are put under a microscope by both the courts and the spouse supporting them in a proceeding to modify or terminate spousal support. In addition to the analysis of their employment capabilities and receipt of other income, a supported spouse’s investment strategies will be analyzed as a factor to determine whether they have reasonably managed their share of the marital estate and are entitled to an increase or continuation of spousal support.Learn more
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.”