Divorce
v.
Legal Separation
and other FAQ's
by Certified Family Law Specialist Kelly Chang Rickert
Showing posts with label legal separation. Show all posts
Showing posts with label legal separation. Show all posts
Thursday, August 19, 2010
Sunday, August 1, 2010
The Un-Divorced
The Un-Divorced
By PAMELA PAUL
Published: July 30, 2010
Published: July 30, 2010
JOHN FROST and his wife had been unhappily married for much of their 25 years together when his company relocated him in 2000. So when he moved from Virginia to Knoxville, Tenn., he left her behind.
At first, it wasn’t clear what would happen next. Would she follow him? Or would they end up divorced?
The answer: neither. “After a few months,” Mr. Frost said, “we both realized we liked it this way.”
Technically, the two are married. They file joint tax returns; she’s covered by his insurance. But they see each other just several times a year. “Since separating we get along better than we ever have,” he said. “It’s kind of nice.”
And at 58, he sees no reason to divorce. Their children have grown and left home. He asked himself: Why bring in a bunch of lawyers? Why create rancor when there’s nowhere to go but down?
“To tie a bow around it would only make it uglier,” Mr. Frost said. “When people ask about my relationship status, I usually just say: ‘It’s complicated. I like my wife, I just can’t live with her.’ ”
The term “trial separation” conjures a swift purgatory, something ducked into regretfully and escaped from with due speed, even if into that most conclusive of relationships, divorce. We understand the expeditious voyage from separation to divorce, the desire for a clear-cut ending that makes way for a clear-cut beginning. We hardly look askance at the miserably married or the exes who hurl epithets in divorce court.
But couples who stubbornly remain separated, sometimes for years? That leaves us dumbfounded. “I see it all the time,” said Lynne Gold-Bikin, a divorce lawyer in Norristown, Pa., who is the chairman of the family law department at Weber Gallagher. She can cite a docket of cases of endless separation.
With one couple separated since 1989, the wife’s perspective was, “We still get invited as Mr. and Mrs., we go to functions together, he still sends me cards,” Ms. Gold-Bikin said. As for the husband, “He cared for her, he just didn’t want to live with her.”
But at his girlfriend’s urging, he finally initiated divorce proceedings. Then he became ill and she began taking over his finances — a bit too wifelike for him. “He said, enough of this, there’s no reason to get divorced,” Ms. Gold-Bikin recalled.
Among those who seem to have reached a similar conclusion is Warren Buffett, the wealthy chairman of Berkshire Hathaway. Mr. Buffett separated from his wife, Susan, in 1977 but remained married to her until her death in 2004. All the while, he lived with Astrid Menks; they married in 2006. The threesome remained close, even sending out holiday cards signed, “Warren, Susan and Astrid.”
Also in the ranks of the un-divorced: the artist Willem de Kooning had been separated from his wife for 34 years when she died in 1989. Jann and Jane Wenner separated in 1995 after 28 years but are still married, despite Mr. Wenner’s romantic relationship with a man.
Society is full of whispered scenarios in which spouses live apart, in different homes or in the same mega-apartment in order to silence gossip, avoid ugly divorce battles and maintain the status quo, however uneasy. In certain cases, the world assumes a couple is divorced and never learns otherwise until an obituary puts the record straight.
Separations are usually de facto, rarely pounded out in a contract, and family law is different state to state. But even long-estranged couples are irrefutably bound by contractual links on issues like taxes, pensions, Social Security and health care.
Divorce lawyers and marriage therapists say that for most couples, the motivation to remain married is financial. According to federal law, an ex qualifies for a share of a spouse’s Social Security payment if the marriage lasts a decade. In the case of more amicable divorces, financial advisers and lawyers may urge a couple who have been married eight years to wait until the dependent spouse qualifies.
For others, a separation agreement may be negotiated so that a spouse keeps the other’s insurance until he or she is old enough for Medicare. If one person has an existing condition, obtaining affordable health care coverage is often difficult or impossible. The recession, with its real estate lows and health care expense highs, adds incentives to separate indefinitely.
Four years ago, Peggy Sanchez, 50, a Midwest resident, parted amicably from her husband, who has fibromyalgia.
“He would not get medical treatment if he weren’t on my insurance,” she said, and giving him that is less expensive than paying alimony. “Besides, I care about him and want to make sure he gets the medical help he needs,” she said.
There are still sticky issues: Ms. Sanchez’s boyfriend is unaware that she’s still married. Her daughter from a previous marriage views her husband as a father figure. And he got custody of the family dog. But Ms. Sanchez plans to stay separated.
“I don’t have much desire to remarry so there’s no benefit to me from divorce,” she said. “I guess that sounds pretty jaded, but it’s just not as important as it used to be.”
Sharon O’Neill, a marriage therapist in Mount Kisco, N.Y., has seen four cases in the last two years in which couples separated but stayed in the same home. In a depressed market, couples may not want to sell a house they purchased at the market’s height, or one party can’t maintain the mortgage or the other can’t afford a new home.
“The financial collapse has made people say, ‘Let’s not rush into a divorce, let’s see if we can make something else work,’ ” Ms. O’Neill said.
The added value of marriage is also hard to kick.
“Many people I’ve worked with over time enjoy the benefits of being married: the financial perks, the tax breaks, the health care coverage,” said Toni Coleman, a couples therapist in McLean, Va. “They maintain a friendship, they co-parent their kids, they may do things socially together. Sometimes they’re part of a political couple in Washington or have prominent corporate positions. But they just feel they can’t live together.”
What Ms. Coleman finds surprising is that the primary consideration is practical and financial, not familial. The effect of endless separations on the children rarely seems a priority.
“People split up and have these God-awful joint custody arrangements, so you would think that they stay separated for the kids’ sake, but I’m not seeing that,” she said. “It usually comes down to money.”
Others believe separation is easier on the children than is divorce. A 48-year-old social worker from Brooklyn, separated eight years, traded places with her husband in the same home, so that their children would not have to shuttle from one home to the other. The couple had an apartment where each would live when not at the family home.
“In hindsight, it was probably more confusing for the kids,” she said. “But we did it with their best interests in mind.”
But long-term separation can create big problems. If a couple isn’t divorced, their lives are still legally and financially intertwined. If your estranged husband goes on a spending spree, you’re responsible for the ensuing credit card debt. If you win the lottery, that’s community property. Finances can swing wildly, creating an alimony boon or a bombshell should one partner eventually want a divorce.
“I just had a situation where after 15 years of separation, the wife wanted to remarry,” said Elizabeth Lindsey, an Atlanta divorce lawyer. “But over the years, his assets had completely dissipated.” The wife would have profited from divorcing earlier.
A separation can also go on longer than anyone anticipated, even until death, leaving a mess for survivors. In New York State, for example, a spouse, even if separated, is entitled to a third of the partner’s estate.
There’s also the risk that you could lose track of your erstwhile partner altogether. “We see cases, usually with foreign nationals, where the husband goes back to the Philippines, and the wife wants to marry James but she’s still married to Ted,” said Steve Mindel, a managing partner at the Los Angeles law firm Feinberg Mindel Brandt & Klein. Judges now often require that a professional be hired to locate the spouse, to facilitate the divorce.
BUT more often than not, a delayed divorce simply reflects inertia. Celeste Liversidge, a divorce lawyer in Los Angeles, most frequently sees people who are avoiding an unpleasant task.
“It’s often so ugly,” she said. “People get to a point where they can’t live with each other but going through the divorce process is too painful.” A six-month separation turns into years.
One woman, a 39-year-old mother of two from Brooklyn, who like many interviewed for this article wished to remain anonymous, has stayed separated for nearly two years at the suggestion of five lawyers.
“There’s no advantage to getting divorced,” she said. Both she and her husband are in new relationships. Most people assume they’ve officially split. But given the health insurance issue and the prospect of legal fees, she said, “I feel like we could just drift on like this for years.”
Not being divorced is also an excuse not to remarry.
“In my day, we’d refer to a man as a bon vivant, a gadabout who doesn’t want to worry about marrying anyone else because he’s already married,” said Sheila Riesel, a New York divorce lawyer for more than three decades.
In the end, some people just don’t want to divorce. Perhaps one spouse desires it and the other drags his or her feet. Sometimes, people are just confused; separation can be a wake-up call.
In other cases, initiating divorce ultimately serves that purpose. Last year, a 67-year-old professor in New York filed for divorce from the man she married in 1969 and separated from in 1988 after she had an affair with a woman.
“I had images of Vita Sackville-West, but it was very messy and the children suffered a lot,” she recalled. “My husband had been more attached to me than I thought.”
And she considered him a pal; they even took vacations together. “I think I liked that we were still married in some way,” she admitted. “But last year I met someone who minds that I’m still married to someone else.”
And thus, time to divorce. Call it an old-fashioned romance.
A version of this article appeared in print on August 1, 2010, on page ST1 of the New York edition.
At first, it wasn’t clear what would happen next. Would she follow him? Or would they end up divorced?
The answer: neither. “After a few months,” Mr. Frost said, “we both realized we liked it this way.”
Technically, the two are married. They file joint tax returns; she’s covered by his insurance. But they see each other just several times a year. “Since separating we get along better than we ever have,” he said. “It’s kind of nice.”
And at 58, he sees no reason to divorce. Their children have grown and left home. He asked himself: Why bring in a bunch of lawyers? Why create rancor when there’s nowhere to go but down?
“To tie a bow around it would only make it uglier,” Mr. Frost said. “When people ask about my relationship status, I usually just say: ‘It’s complicated. I like my wife, I just can’t live with her.’ ”
The term “trial separation” conjures a swift purgatory, something ducked into regretfully and escaped from with due speed, even if into that most conclusive of relationships, divorce. We understand the expeditious voyage from separation to divorce, the desire for a clear-cut ending that makes way for a clear-cut beginning. We hardly look askance at the miserably married or the exes who hurl epithets in divorce court.
But couples who stubbornly remain separated, sometimes for years? That leaves us dumbfounded. “I see it all the time,” said Lynne Gold-Bikin, a divorce lawyer in Norristown, Pa., who is the chairman of the family law department at Weber Gallagher. She can cite a docket of cases of endless separation.
With one couple separated since 1989, the wife’s perspective was, “We still get invited as Mr. and Mrs., we go to functions together, he still sends me cards,” Ms. Gold-Bikin said. As for the husband, “He cared for her, he just didn’t want to live with her.”
But at his girlfriend’s urging, he finally initiated divorce proceedings. Then he became ill and she began taking over his finances — a bit too wifelike for him. “He said, enough of this, there’s no reason to get divorced,” Ms. Gold-Bikin recalled.
Among those who seem to have reached a similar conclusion is Warren Buffett, the wealthy chairman of Berkshire Hathaway. Mr. Buffett separated from his wife, Susan, in 1977 but remained married to her until her death in 2004. All the while, he lived with Astrid Menks; they married in 2006. The threesome remained close, even sending out holiday cards signed, “Warren, Susan and Astrid.”
Also in the ranks of the un-divorced: the artist Willem de Kooning had been separated from his wife for 34 years when she died in 1989. Jann and Jane Wenner separated in 1995 after 28 years but are still married, despite Mr. Wenner’s romantic relationship with a man.
Society is full of whispered scenarios in which spouses live apart, in different homes or in the same mega-apartment in order to silence gossip, avoid ugly divorce battles and maintain the status quo, however uneasy. In certain cases, the world assumes a couple is divorced and never learns otherwise until an obituary puts the record straight.
Separations are usually de facto, rarely pounded out in a contract, and family law is different state to state. But even long-estranged couples are irrefutably bound by contractual links on issues like taxes, pensions, Social Security and health care.
Divorce lawyers and marriage therapists say that for most couples, the motivation to remain married is financial. According to federal law, an ex qualifies for a share of a spouse’s Social Security payment if the marriage lasts a decade. In the case of more amicable divorces, financial advisers and lawyers may urge a couple who have been married eight years to wait until the dependent spouse qualifies.
For others, a separation agreement may be negotiated so that a spouse keeps the other’s insurance until he or she is old enough for Medicare. If one person has an existing condition, obtaining affordable health care coverage is often difficult or impossible. The recession, with its real estate lows and health care expense highs, adds incentives to separate indefinitely.
Four years ago, Peggy Sanchez, 50, a Midwest resident, parted amicably from her husband, who has fibromyalgia.
“He would not get medical treatment if he weren’t on my insurance,” she said, and giving him that is less expensive than paying alimony. “Besides, I care about him and want to make sure he gets the medical help he needs,” she said.
There are still sticky issues: Ms. Sanchez’s boyfriend is unaware that she’s still married. Her daughter from a previous marriage views her husband as a father figure. And he got custody of the family dog. But Ms. Sanchez plans to stay separated.
“I don’t have much desire to remarry so there’s no benefit to me from divorce,” she said. “I guess that sounds pretty jaded, but it’s just not as important as it used to be.”
Sharon O’Neill, a marriage therapist in Mount Kisco, N.Y., has seen four cases in the last two years in which couples separated but stayed in the same home. In a depressed market, couples may not want to sell a house they purchased at the market’s height, or one party can’t maintain the mortgage or the other can’t afford a new home.
“The financial collapse has made people say, ‘Let’s not rush into a divorce, let’s see if we can make something else work,’ ” Ms. O’Neill said.
The added value of marriage is also hard to kick.
“Many people I’ve worked with over time enjoy the benefits of being married: the financial perks, the tax breaks, the health care coverage,” said Toni Coleman, a couples therapist in McLean, Va. “They maintain a friendship, they co-parent their kids, they may do things socially together. Sometimes they’re part of a political couple in Washington or have prominent corporate positions. But they just feel they can’t live together.”
What Ms. Coleman finds surprising is that the primary consideration is practical and financial, not familial. The effect of endless separations on the children rarely seems a priority.
“People split up and have these God-awful joint custody arrangements, so you would think that they stay separated for the kids’ sake, but I’m not seeing that,” she said. “It usually comes down to money.”
Others believe separation is easier on the children than is divorce. A 48-year-old social worker from Brooklyn, separated eight years, traded places with her husband in the same home, so that their children would not have to shuttle from one home to the other. The couple had an apartment where each would live when not at the family home.
“In hindsight, it was probably more confusing for the kids,” she said. “But we did it with their best interests in mind.”
But long-term separation can create big problems. If a couple isn’t divorced, their lives are still legally and financially intertwined. If your estranged husband goes on a spending spree, you’re responsible for the ensuing credit card debt. If you win the lottery, that’s community property. Finances can swing wildly, creating an alimony boon or a bombshell should one partner eventually want a divorce.
“I just had a situation where after 15 years of separation, the wife wanted to remarry,” said Elizabeth Lindsey, an Atlanta divorce lawyer. “But over the years, his assets had completely dissipated.” The wife would have profited from divorcing earlier.
A separation can also go on longer than anyone anticipated, even until death, leaving a mess for survivors. In New York State, for example, a spouse, even if separated, is entitled to a third of the partner’s estate.
There’s also the risk that you could lose track of your erstwhile partner altogether. “We see cases, usually with foreign nationals, where the husband goes back to the Philippines, and the wife wants to marry James but she’s still married to Ted,” said Steve Mindel, a managing partner at the Los Angeles law firm Feinberg Mindel Brandt & Klein. Judges now often require that a professional be hired to locate the spouse, to facilitate the divorce.
BUT more often than not, a delayed divorce simply reflects inertia. Celeste Liversidge, a divorce lawyer in Los Angeles, most frequently sees people who are avoiding an unpleasant task.
“It’s often so ugly,” she said. “People get to a point where they can’t live with each other but going through the divorce process is too painful.” A six-month separation turns into years.
One woman, a 39-year-old mother of two from Brooklyn, who like many interviewed for this article wished to remain anonymous, has stayed separated for nearly two years at the suggestion of five lawyers.
“There’s no advantage to getting divorced,” she said. Both she and her husband are in new relationships. Most people assume they’ve officially split. But given the health insurance issue and the prospect of legal fees, she said, “I feel like we could just drift on like this for years.”
Not being divorced is also an excuse not to remarry.
“In my day, we’d refer to a man as a bon vivant, a gadabout who doesn’t want to worry about marrying anyone else because he’s already married,” said Sheila Riesel, a New York divorce lawyer for more than three decades.
In the end, some people just don’t want to divorce. Perhaps one spouse desires it and the other drags his or her feet. Sometimes, people are just confused; separation can be a wake-up call.
In other cases, initiating divorce ultimately serves that purpose. Last year, a 67-year-old professor in New York filed for divorce from the man she married in 1969 and separated from in 1988 after she had an affair with a woman.
“I had images of Vita Sackville-West, but it was very messy and the children suffered a lot,” she recalled. “My husband had been more attached to me than I thought.”
And she considered him a pal; they even took vacations together. “I think I liked that we were still married in some way,” she admitted. “But last year I met someone who minds that I’m still married to someone else.”
And thus, time to divorce. Call it an old-fashioned romance.
A version of this article appeared in print on August 1, 2010, on page ST1 of the New York edition.
Thursday, January 28, 2010
John and Elizabeth Edwards Legally Separate
John and Elizabeth Edwards separate after love child
BBC
BBC
US politician John Edwards and his wife, Elizabeth, have separated, days after he admitted fathering an illegitimate child.
Mrs. Edwards, who has inoperable cancer, had until now stood by her husband of three decades, who ran for the 2008 Democratic White House nomination.
He admitted the affair with film-maker Rielle Hunter in 2008 but had denied her child was his, until last week.
Mr. Edwards called the split with his wife "an extraordinarily sad moment".
"I love my children more than anything and still care deeply about Elizabeth," he said in a statement to the Associated Press (AP) news agency.
Mrs Edwards, 60, has not made a public comment on the separation.
Her sister, Nancy Anania, told AP: "She's doing as well as you could expect.
"I'm really proud of her that, somehow, she's got strength that you rarely see in a person."
Publisher Random House, which released Mrs Edwards's book, Resilience, last year, said in a statement she was "moving on with her life and wants to put this difficult chapter behind her".
When Mr Edwards, 56, admitted the affair with Ms Hunter in August 2008, after a press report, he said it had ended in 2006 and denied paternity.
When he finally came clean in early 2010, the Democrats' former rising star told US media he had been wrong to insist Frances Quinn Hunter, now nearly two years old, was not his daughter.
Mrs. Edwards, who has breast cancer, said then that the whole family was relieved he had owned up.
The child was born on 27 February, 2008, suggesting she was conceived in mid-2007, several months after Ms. Hunter stopped being employed by the Edwards campaign, and in the early stages of the battle for the Democratic presidential nomination.
The story was further complicated by the fact a former aide to Mr. Edwards, Andrew Young, had himself at one time claimed paternity.
Mr. Young is due to release a tell-all book detailing Mr. Edwards's affair, called The Politician, in the next few days.
Mr. Edwards, who also ran for vice-president alongside Senator John Kerry in 2004 and once served as a senator for North Carolina, stepped out of the race for the Democratic ticket in January 2008 after failing to win a single primary.
The nomination was finally won by Barack Obama, who went on to be elected US president.
The Edwards's eldest son, Wade, was killed in a car crash at the age of 16. They have three other children.
Her sister, Nancy Anania, told AP: "She's doing as well as you could expect.
"I'm really proud of her that, somehow, she's got strength that you rarely see in a person."
Publisher Random House, which released Mrs Edwards's book, Resilience, last year, said in a statement she was "moving on with her life and wants to put this difficult chapter behind her".
When Mr Edwards, 56, admitted the affair with Ms Hunter in August 2008, after a press report, he said it had ended in 2006 and denied paternity.
When he finally came clean in early 2010, the Democrats' former rising star told US media he had been wrong to insist Frances Quinn Hunter, now nearly two years old, was not his daughter.
Mrs. Edwards, who has breast cancer, said then that the whole family was relieved he had owned up.
The child was born on 27 February, 2008, suggesting she was conceived in mid-2007, several months after Ms. Hunter stopped being employed by the Edwards campaign, and in the early stages of the battle for the Democratic presidential nomination.
The story was further complicated by the fact a former aide to Mr. Edwards, Andrew Young, had himself at one time claimed paternity.
Mr. Young is due to release a tell-all book detailing Mr. Edwards's affair, called The Politician, in the next few days.
Mr. Edwards, who also ran for vice-president alongside Senator John Kerry in 2004 and once served as a senator for North Carolina, stepped out of the race for the Democratic ticket in January 2008 after failing to win a single primary.
The nomination was finally won by Barack Obama, who went on to be elected US president.
The Edwards's eldest son, Wade, was killed in a car crash at the age of 16. They have three other children.
Monday, November 17, 2008
DIVORCE/ LEGAL SEPARATION/ DISSOLUTION OF DOMESTIC PARTNERSHIPS/ ANNULMENTS:
DISSOLUTION OF MARRIAGE (DIVORCE OR MARITAL DISSOLUTION)
A dissolution of marriage, which is more commonly known as divorce, terminates the marriage of the spouses and resolves issues between them, including child custody, visitation, child support, spousal support, asset and debt distribution, former name restoration, and even restraining orders.
California is a NO-FAULT jurisdiction. Another words, the actual reasons for the marital breakdown is irrelevant. It is irrelevant whether one spouse or the other was at fault, or whether one spouse committed adultery. Also California does NOT have ABANDONMENT laws, and thus one spouse or the other may leave the home, and not be charged with abandonment.
LEGAL SEPARATION
Our Firm typically suggests a dissolution of marriage over a legal separation when the parties believe that their marriage has irreparably broken down. However, if this is not the case, Legal Separation is an alternative to the dissolution of marriage.
A Legal Separation resolves issues between the spouses, such as spousal support, child support, custody/ visitation, and the division of the community estate; however, Legal Separation does NOT terminate the marriage of the spouses so the spouses may NOT remarry. Also, if one files for Legal Separation, one does NOT have to meet the residency requirement in California, which is six months prior to filing for divorce. Often, people who seek legal separation do so for religious or personal reasons. One common reason to seek a Legal Separation instead of a dissolution (divorce) is that the parties retain eligibility for medical insurance that would otherwise be lost by a termination of the marriage. Interestingly, after a judgment of legal separation, the spouses do not acquire further community property and they do NOT owe each other any spousal duties of care and support except as ordered by the court pursuant to the judgment.
DISSOLUTION OF REGISTERED DOMESTIC PARTNERSHIPS:
Our Firm has handled Registered Domestic Partnerships, and has assisted in their dissolution. In many ways, the process is identical to that of a dissolution of marriage (divorce) Domestic partners are "two adults who have chosen to share one another's lives in an intimate and committed relationship of mutual caring." Persons of opposite sexes may not constitute a domestic partnership unless one or both of the persons are over the age of 62. Currently, the new Supreme Court case condones marriage between persons of the same sex.
ANNULMENTS (NULLITY)
An Annulment of marriage is also known as a Nullity and is often difficult to prove, unless there is substantial evidence that one of the following grounds is met: incest, bigamy, underage without parental consent, prior existing marriage, unsound mind, fraud, force, and/or incapacity. You may consult our Firm to see if you are eligible for an annulment. If you are granted an annulment, it is as if the marriage never happened.
ISSUES RELATED TO THE FAMILY:
PATERNITY
Our Firm strongly suggests that unmarried parents bring a Paternity Action to establish their biological ties to a child. Typically, if our Client has not been married, or is uncertain of whether or not their child or children are biologically theirs, we begin by opening a Paternity Action. In the State of California, if one does not pursue a Paternity Action within the first few years of the Child’s life, then a person loses the ability later in the child’s life to bring this action. Thus it is essential to bring this action early on.
A Paternity Action is held when the parties do not know who the actual father of the Child is. In California, you may establish the parentage of a child through any one of these avenues: Sign a Voluntary Declaration of Paternity, or ask the Court to establish Parentage. Usually, unmarried people file a Complaint to Establish Parental Relations. This is a legal action in California Superior Court that determines parenthood rights, child support, and establishes the future rights and privileges of parenting, i.e. a parenting plan, custody, visitation, and time-sharing arrangements.
RESTRAINING ORDERS (PROTECTIVE ORDERS)
Our firm is committed to obtaining justice for all of our Clients! Whether you are the victim, or the person wrongfully accused, we can help! We expeditiously & successfully prepare and defend restraining orders on a case by case basis. We understand the emotional and tragic consequences that occur if a restraining order is denied to a victim, or wrongfully placed on someone. We aggressively and carefully fight to preserve the integrity and rights of our Clients!
A person seeking a Family Law Restraining Order is considered a “protected person” and usually falls into one of the following categories: He or she is a spouse, cohabitant, is dating or engaged to the aggressor, is a coparent, child, or blood relative to the aggressor.
A “protected person” may obtain a restraining order if he or she has been abused.
The California Family Code Section 6203 defines abuse as the following: intentionally or recklessly causing or attempting to cause bodily injury, sexual assault, placing a person in "reasonable apprehension" of imminent serious bodily injury to that person or another or engaging in any behavior that has been or could be enjoined pursuant to California Family Code § 6320.
IF one is granted a temporary restraining order one may obtain temporary custody, child abduction prevention orders, protective orders where child sexual abuse is alleged, assaultive conduct & Property destruction orders, an order excluding a party from "the family dwelling, firearms restraining order, wiretap order, restitution orders, orders to attend a batterer’s program, harassment/ stalking orders, an order determining the temporary care and control of any minor child of the endangered person and the person against whom the order is sought (Ca Fam § 6252(b))
CHILD CUSTODY
We take extreme caution with Child Custody and Visitation rights, and devote our efforts to looking for what is in the best interest of the children. We help both mothers and fathers maintain and/or create a significant bond with their child. We handle child custody matters expeditiously. Our mother and father clients alike appreciate our consideration, but objectiveness in pursuing custody and/or visitation.
It is important to recognize that California Courts only have jurisdiction over natural born or adopted children. They do NOT have jurisdiction to hear the custody request of a stepparent. Thus a stepparent does NOT have any custody and or visitation rights over their stepchild.
Two forms of custody or Legal and Physical Custody. These terms are often confused and misused; however, if you would like to see what best suits you, you may contact our Firm for more information of the type of custody you would like to seek.
CHILD VISITATION
We can help you decide what is in the best interest of the child as far as visitation with the factors at hand. You will never be alone. You will always have someone to guide you!
Visitation is often awarded to the non-custodial parent, or the parent who does not have primary custody. Typically, child visitation is alternate weekends, which include midweek visits. However, there are many options to the parenting schedule that a parent may pursue. Our Firm will help you in coming up with a parenting plan that best fits your needs, and more importantly, the needs of your children.
CHILD SUPPORT
In California, both parents have a legal duty to provide financial support for their children. Child support is a formula, and is essentially based on two factors 1) the income of the parents, and 2) the time that each parent spends with their child. The court may order either or both parents to make ongoing payments to cover a child’s living and medical expenses. If there is no current court ordered custody or visitation, our Firm encourages and advised that parents seek to obtain one. Without a custody/ visitation order, then the timeshare of each parent will be an estimate, and may not be accurately calculated. Our Firm will help ensure that all factors are including in the formula, including but not limited to hardships, mandatory retirement payments, health care premiums, spousal support and child support from another marriage, and property taxes.
Wednesday, August 6, 2008
Divorce, Legal Separation & Annulment in california
by wda International law firm
Divorce, Legal Separation & Annulment in california in California, from January 1, 2005, couples must also provide for the dissolution, annulment or legal separation to end their relationship.
What is the difference between a divorce, a legal separation and an annulment? A divorce (also called "dissolution of marriage" or "dissolution of the partnership") ending their marriage or partner. After you get divorced, he was single and could marry or become a national partner again.
If you get a divorce, you can ask the court orders such as child support, alimony, support from your partner, custody and visitation, domestic violence restraining orders, the division of property, and other orders. For married people to get a divorce, you must meet California residence requirement.
A legal separation does not end a marriage or partner. You can not marry or enter into a partnership with another person if it is legally separate (and not divorced). One is the legal separation for couples who do not want to secede, but want to live apart and decide on money, property, and child-rearing. Couples prefer separation sometimes for religious reasons.
There is no need to deal with the California residence requirement for a legal separation. If you file a legal separation, may later be able to file an amended petition to ask the court for a divorce after meeting the residency requirements.
In one case the legal separation, you can ask the court orders such as child support, alimony, support from your partner, custody and visitation, domestic violence restraining orders, or any other order can be obtained with a case of divorce. In cases of quick divorces these agreements are ratified by the judge in his judgement, which in turn is valid in Florida. moor informations in http://www.wdalaw.com/cities/california-uncontested-divorce.php
A withdrawal (or "nullity of marriage" or "invalid unmarried partner") is when a court said her marriage or partner is not legally valid. A marriage or domestic partnership that is incestuous or bigamous is never valid. Other marriages and partnerships can be declared "invalid" because:
* Of the force, fraud or physical or mental disability; * One of the spouses or partners was too young to legally marry or enter into a national association, or * One of the spouses or companions already married or registered in a national association.
Annulment are very rare. If you ask your partner or marriage annulment, which will go to the hearing with a judge.
Note: If you have children in common with the other party, you must ask the court to establish parentage of that person. Consult a lawyer about how to do this.
About the Author
born Santo Domingo, August 1973; admitted, 1998, Dominican Republic.
Divorce, Legal Separation & Annulment in california in California, from January 1, 2005, couples must also provide for the dissolution, annulment or legal separation to end their relationship.
What is the difference between a divorce, a legal separation and an annulment? A divorce (also called "dissolution of marriage" or "dissolution of the partnership") ending their marriage or partner. After you get divorced, he was single and could marry or become a national partner again.
If you get a divorce, you can ask the court orders such as child support, alimony, support from your partner, custody and visitation, domestic violence restraining orders, the division of property, and other orders. For married people to get a divorce, you must meet California residence requirement.
A legal separation does not end a marriage or partner. You can not marry or enter into a partnership with another person if it is legally separate (and not divorced). One is the legal separation for couples who do not want to secede, but want to live apart and decide on money, property, and child-rearing. Couples prefer separation sometimes for religious reasons.
There is no need to deal with the California residence requirement for a legal separation. If you file a legal separation, may later be able to file an amended petition to ask the court for a divorce after meeting the residency requirements.
In one case the legal separation, you can ask the court orders such as child support, alimony, support from your partner, custody and visitation, domestic violence restraining orders, or any other order can be obtained with a case of divorce. In cases of quick divorces these agreements are ratified by the judge in his judgement, which in turn is valid in Florida. moor informations in http://www.wdalaw.com/cities/california-uncontested-divorce.php
A withdrawal (or "nullity of marriage" or "invalid unmarried partner") is when a court said her marriage or partner is not legally valid. A marriage or domestic partnership that is incestuous or bigamous is never valid. Other marriages and partnerships can be declared "invalid" because:
* Of the force, fraud or physical or mental disability; * One of the spouses or partners was too young to legally marry or enter into a national association, or * One of the spouses or companions already married or registered in a national association.
Annulment are very rare. If you ask your partner or marriage annulment, which will go to the hearing with a judge.
Note: If you have children in common with the other party, you must ask the court to establish parentage of that person. Consult a lawyer about how to do this.
About the Author
born Santo Domingo, August 1973; admitted, 1998, Dominican Republic.
Tuesday, May 20, 2008
Love and Marriage, Love and Marriage
With the advent of more marriages happening in the near future, I thought I would take some time now to research the divorce statistics. Interestingly enough, the Maldives (touted as paradise on earth) tops the charts as the "Divorce Capital of the World". Allegedly, all you need to accomplish a divorce in this Muslim nation is for the husband to say to the wife, "I divorce you" three times. See Article.
The divorce rate per every 1000 people is a whopping 10.97% in the Maldives! Here are the rest of the Top 10, followed by Belarus (4.65%); USA (4.19%); Panama (3.82%); Russia (3.66%); Estonia (3.65%); Puerto Rico (3.61%); Ukraine (3.59%); Costa Rica (3.58%); and Cuba (3.54%). See Statistics .
Here are some other noteworthy statistics, all derived from the Americans for Divorce Reform website .
* 43% of first marriages end within 15 years.
* Red states have a divorce rate 27% higher than blue states.
* 75% of all divorced people re-marry, half of them within three years.
* 65% of new marriages fail.
* Roughly 1 in 5 adults has ever divorced; First marriages that end in divorce last about 8 years, on average.
* Marriages are most susceptible to divorce in the early years of marriage. After 5 years, approximately 10% of marriages are expected to end in divorce - another 10% (or 20 % cumulatively) are divorced by about the 10th year after marriage. However, the 30% level is not reached until about the 18th year after marriage while the 40% level is only approached by the 50th year after marriage.
* Seven-year itch? Try TWO! According to research, they are far more likely to separate after about two years of marriage. One in 12 couples is heading for the divorce courts after 24 months - more than double the figure for seven years.
* Divorced men and women suffer to a much greater degree than married persons early death from cancer, cardiovascular disease, strokes, pneumonia, hypertension, and suicide. According to researchers at the National Institute of Mental Health, "The single most powerful predictor of stress-related physical, as well as emotional, illness is marital disruption."'
* Children of divorce are twice as likely to drop out of school as those from intact homes, three times as apt to have a baby out of wedlock, five-fold more likely to be in poverty and 12 times more apt to be incarcerated. Judith Wallerstein followed 100 children of divorce for 25 years after parental divorce. Only 60 of the 100, now aged 27-43, had ever married vs. 84 percent of those from intact families. And 25 of the 60 had already divorced, leaving only a third who built lasting marriages.
* Living in sin? Suffer the consequences. Unmarried cohabitations overall are extremely unstable. The probability of a first marriage ending in separation or divorce within 5 years is 20%, but the probability of a premarital cohabitation breaking up within 5 years is 49%. After10 years, the probability of a first marriage ending is 33%,compared a whopping 62%! for cohabitations.
* On the same note, there is a higher risk, 40% to 85%, of divorce between couples cohabiting before marriage than couples waiting until after marriage to share a home together.
So I guess it's true ... why buy the milk when you can get the cow for free?
Wednesday, January 31, 2007
Divorce Lawsuit: Divorce and Legal Separation
by Steven C.
In the United States, there are statistics that indicate that half of all marriages will end up in a divorce or legal separation. Often people do not differentiate between divorce and legal separation.
Both divorce and legal separation refer to the situation when a couple decides not to live together anymore. But being separated is much different than being divorced. What does legal separation mean? Legal separation generally refers to a court order which acknowledges that a couple is no longer living together and that all the issues regarding the marriage have been resolved. A legal separation generally means that both parties reached an agreement concerning child custody, child visitation, child support, spousal support or alimony, distribution of property, attorney fees, and personal conduct.
However, in a legal separation both parties remain married to each other. Indeed spouses who are just legally separated are not allowed to marry another person. Divorce, also known as a decree of dissolution of marriage, is also a court order but it is for the purpose to dissolve or terminate a marriage. Both parties are allowed to marry another person following a divorce since they have returned to an unmarried status.
An annulment differs from a divorce on the ground that this process is meant at simply canceling a marriage. What are the benefits of a legal separation? Legal separation often takes place when both parties prefer to stay married for religious reasons. That's why legal separation is often coined catholic legal separation since it preserves the religious marriage. Legal separation is not only pursued for religious reasons, but also for tax reasons.
Unlike a divorce, the non-custodial parent may be able to deduct from his/her income taxes spousal support payments. Some also prefer not to wait for the state statutory waiting period for termination of marital status. That's one of the reasons why a legal separation is often pursued to set the parameters for dealing with one another while living separate and apart while keeping the married status, and leaving an opportunity for a reunion or resumption of marriage. However being legally separated is not a requirement before filing a divorce.
In other words, a legal separation is not a prerequisite of the dissolution of a marriage or divorce. If you are considering a legal separation, divorce, or dissolution of marriage you would be wise to consult an attorney who can inform you legally about your particular divorce or legal separation matter.
© 2006 Child Custody Coach
About the Author
Child Custody Coach provides child custody information and help. "How to Win Child Custody" is a custody strategy guide. Custody Match help you find a divorce lawyer, family law attorney, or child custody attorney.
In the United States, there are statistics that indicate that half of all marriages will end up in a divorce or legal separation. Often people do not differentiate between divorce and legal separation.
Both divorce and legal separation refer to the situation when a couple decides not to live together anymore. But being separated is much different than being divorced. What does legal separation mean? Legal separation generally refers to a court order which acknowledges that a couple is no longer living together and that all the issues regarding the marriage have been resolved. A legal separation generally means that both parties reached an agreement concerning child custody, child visitation, child support, spousal support or alimony, distribution of property, attorney fees, and personal conduct.
However, in a legal separation both parties remain married to each other. Indeed spouses who are just legally separated are not allowed to marry another person. Divorce, also known as a decree of dissolution of marriage, is also a court order but it is for the purpose to dissolve or terminate a marriage. Both parties are allowed to marry another person following a divorce since they have returned to an unmarried status.
An annulment differs from a divorce on the ground that this process is meant at simply canceling a marriage. What are the benefits of a legal separation? Legal separation often takes place when both parties prefer to stay married for religious reasons. That's why legal separation is often coined catholic legal separation since it preserves the religious marriage. Legal separation is not only pursued for religious reasons, but also for tax reasons.
Unlike a divorce, the non-custodial parent may be able to deduct from his/her income taxes spousal support payments. Some also prefer not to wait for the state statutory waiting period for termination of marital status. That's one of the reasons why a legal separation is often pursued to set the parameters for dealing with one another while living separate and apart while keeping the married status, and leaving an opportunity for a reunion or resumption of marriage. However being legally separated is not a requirement before filing a divorce.
In other words, a legal separation is not a prerequisite of the dissolution of a marriage or divorce. If you are considering a legal separation, divorce, or dissolution of marriage you would be wise to consult an attorney who can inform you legally about your particular divorce or legal separation matter.
© 2006 Child Custody Coach
About the Author
Child Custody Coach provides child custody information and help. "How to Win Child Custody" is a custody strategy guide. Custody Match help you find a divorce lawyer, family law attorney, or child custody attorney.
Sunday, January 21, 2007
Legal Separation - What You Need To Know
by Morgan Hamilton
A divorce is one of the worst things that can happen to a family. It can tear families apart, and leave everyone feeling miserable. Most couples try as hard as they can to save their marriage before deciding to make divorce their final step. Legal separation is an option that married couples can turn to when they have major problems in their relationships. It is the act of living separate lives without divorcing. It is an opportunity that gives each partner time to decide what they really want, to work though issues, and to try to patch up their problems.
Legal separation can sometimes fix relationships, and it may also reinforce the need for divorce. A lot of issues may come into play with a legal separation. You may be able to pay your taxes separately, which can be an asset, and you may have to worry about child custody issues as well. You may also have to worry about who will make the house payment, who will drive what car, and who will care for any family pets. It is a good idea to get the advice and assistance of a good lawyer if you decide to enter into legal separation.
This will help you in figuring out what you need to do, and what your rights are. You may try to handle this option on your own, but beware of making mistakes. Any mistake you make during legal separation can affect the outcome of your divorce, and have an impact on child custody issues. You can find many websites and articles on the Internet that offer information about legal separation if you want to have some information before going to see a lawyer. Since laws will vary from one state to another, you should be careful when you are going through this information.
You should also keep in mind that not all information you find online will be accurate. If you try this option as a last resort to save your marriage, don't feel bad about it. There is nothing wrong with doing what you think is best for your family and for yourself. Legal separation can save your marriage, or at the very least, make you more comfortable with your decision to end your marriage.
About the AuthorMorgan Hamilton offers expert advice and great tips regarding all aspects concerning Legal Separation. Visit our site for more helpful information about Legal Separation and other similar topics.
A divorce is one of the worst things that can happen to a family. It can tear families apart, and leave everyone feeling miserable. Most couples try as hard as they can to save their marriage before deciding to make divorce their final step. Legal separation is an option that married couples can turn to when they have major problems in their relationships. It is the act of living separate lives without divorcing. It is an opportunity that gives each partner time to decide what they really want, to work though issues, and to try to patch up their problems.
Legal separation can sometimes fix relationships, and it may also reinforce the need for divorce. A lot of issues may come into play with a legal separation. You may be able to pay your taxes separately, which can be an asset, and you may have to worry about child custody issues as well. You may also have to worry about who will make the house payment, who will drive what car, and who will care for any family pets. It is a good idea to get the advice and assistance of a good lawyer if you decide to enter into legal separation.
This will help you in figuring out what you need to do, and what your rights are. You may try to handle this option on your own, but beware of making mistakes. Any mistake you make during legal separation can affect the outcome of your divorce, and have an impact on child custody issues. You can find many websites and articles on the Internet that offer information about legal separation if you want to have some information before going to see a lawyer. Since laws will vary from one state to another, you should be careful when you are going through this information.
You should also keep in mind that not all information you find online will be accurate. If you try this option as a last resort to save your marriage, don't feel bad about it. There is nothing wrong with doing what you think is best for your family and for yourself. Legal separation can save your marriage, or at the very least, make you more comfortable with your decision to end your marriage.
About the AuthorMorgan Hamilton offers expert advice and great tips regarding all aspects concerning Legal Separation. Visit our site for more helpful information about Legal Separation and other similar topics.
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