Articles Posted in Divorce and Remarriage

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Understanding the Differences Between Writs and Appeals

Understanding the Differences Between Writs and Appeals

Navigating the court system can be exceedingly difficult for those new to the experience. In particular, many individuals are unfamiliar with the often-prevalent legal jargon—especially when it comes to the complex processes and legal documents this jargon can describe. Fortunately, the average person is not expected to understand each detail of our complex legal system or the nuances within the law. Skilled attorneys exist to demystify the legal system and guide their clients through their court proceedings successfully.

However, it is important to be aware of the most common legal terms, especially those that pertain to your case. To that end, one of the most asked questions our attorneys receive is regarding writs and appeals. These two legal petitions can dramatically affect how a case proceeds and the differences between them can make a major difference in the timeline of a case. Further, some legal proceedings require a writ, while others require appeals.

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What Are Grounds for Annulment in California?

What Are Grounds for Annulment in California?

In California, divorces and annulments serve the same general purpose—to legally terminate a marriage between two parties. However, the two tools function in vastly different ways. While an annulment is a legal declaration that a marriage never existed, it is different from a divorce. Divorcing spouses recognize that they were once legally married but choose to terminate the marriage relationship and keep a legal record of the life event. By contrast, annulments allow the spouses to proceed with no record of the marriage because the marriage was not legal in the first place. This specific illegitimate aspect is known as “grounds” for the annulment.

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What Happens When a Parent Violates a Custody Agreement in California?

What Happens When a Parent Violates a Custody Agreement in California?

When divorced or unmarried parents have a child custody agreement in California, both of them need to abide by the terms of the agreement to the letter. While life is unpredictable, and a parent may have an emergency or other unforeseen issue that interrupts their regular custody or visitation schedule, these one-off events are typically easy to manage between the parents. However, if a parent repeatedly violates the terms of a custody agreement or violates the terms to an extreme degree, the other parent must know how to address the situation and prevent similar issues in the future.

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When Is it Appropriate to File Contempt Proceedings in California Family Court?

When Is it Appropriate to File Contempt Proceedings in California Family Court?

If you recently completed divorce proceedings in California, or if you and your co-parent have recently completed a child custody determination, reaching these milestones does not necessarily mean that your time in the family court system is entirely complete. You may need to revisit your family court order for many reasons. For example, some individuals need to file petitions for modifications to their family court orders due to recent major life events. It is also possible that you may need to return to court to file contempt proceedings against your ex-spouse or co-parent due to their behavior.

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What Happens If Divorce Mediation Doesn’t Work?

What Happens If Divorce Mediation Doesn’t Work

Divorce mediation has become the preferred method of handling the divorce process in California and throughout the United States. Unlike litigation, which is very formal, daunting, and stressful, mediation provides a divorcing couple the opportunity to privately negotiate the terms of their divorce in a comfortable, low-pressure atmosphere under the guidance of a neutral mediator. This process is proven effective and allows divorcing spouses to save significant amounts of time and money on their divorce proceedings. However, the success of the mediation process hinges on the divorcing spouses’ willingness to negotiate.

It’s possible for divorcing spouses to initially agree to mediation only to later decide that they cannot reach mutually agreeable terms through this process. It’s also possible for one spouse to allow their emotions to overcome them, spurring them to demand a trial instead of taking advantage of the benefits of mediation. If you are preparing for divorce mediation or have already started the process, it is natural to worry about what might happen if mediation doesn’t work for your situation. However, several practical options can help you overcome this situation, and it’s possible to take advantage of mediation to an extent before moving to litigation to settle the rest of your divorce.

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Legal Separation as a Precursor to Divorce in California

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Many people mistakenly believe that legal separation is essentially the same as divorce, but this is inaccurate. Legal separation is an alternative to divorce that can potentially serve as a springboard to a formal divorce in the future, but it is not as final as a divorce. Legal separation can functionally allow married spouses to hold themselves out as unmarried and live separately while they continue taking advantage of the legal benefits that marriage offers.

If you are thinking about ending your marriage in California, it’s essential to think about your reasons behind this consideration and the effects your divorce could potentially have on your life. It’s important to note that a legal separation does not simply mean one of you moving out of your marital home and living separately. Legal separation requires a formal family court agreement that includes specific terms and conditions.

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Can You Sell Your House During a Divorce?

Can-You-Sell-Your-House-During-a-Divorce

When a couple decides to divorce in California, their house is often the most important asset to distribute in the settlement. Spouses often wonder if they can stay in the house, whether they can retain ownership, or if they should sell. It is crucial to develop an understanding of your options when you are in this situation, and a trusted divorce attorney is the best tool you can use to understand your alternatives and protect your interests.

If you and your spouse bought your home as a married couple, it is considered “community property” in California. In the case of a divorce, this means that the home’s value will be divided 50/50 between the spouses. Your options for keeping or selling the home are dependent upon your ability to reach an agreement that satisfies both you and your spouse. This could mean selling the house and splitting any profit evenly, but many couples reach an agreement in which one party purchases the other’s share of the home.

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Know What to Do if Your Spouse Is Lying During Your Divorce

Know-What-to-Do-if-Your-Spouse-Is-Lying-During-Your-Divorce-scaled

Experiencing a divorce is one of the most stressful situations many people will face in life. As a result, the divorce process is often a time in which individuals may exhibit behaviors that are not typical for them. The stress each spouse experiences when their relationship ends often brings emotions to a boiling point, and the resulting conflict can bring about situations the former couple never expected.

There are a number of important tasks involved with the divorce process, including determining alimony, deciding who should have custody of the children, identifying who should pay child support, and deciding how to split up debts and assets in a way that is acceptable to both parties. When one spouse begins stretching the truth or blatantly lying to achieve a more beneficial outcome, the divorce process becomes even more complicated. Lying under oath is against the law, and it is crucial to know the consequences of such actions during divorce.

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Making a Change in Divorce Judgements Due to a Change of Circumstances

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Life can change in an instant, and individuals who are divorced are not immune. In fact, divorced people frequently experience changes in their life circumstances that may necessitate changes in terms of their divorce regarding spousal support, child support, or child custody and visitation. If you are in a similar situation that has made the terms of your divorce untenable, it can be difficult to know where to start. However, it is important to know that you are not alone.

The first step toward changing a divorce judgment is to request a hearing. A hearing allows you to prove in court that you have experienced a significant lifestyle change since the time that your divorce was settled. The courts do not provide a specific outline for what constitutes a change of circumstances, but they will consider various factors that may affect the terms of your divorce.

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Important Estate Planning Issues Related to Divorce

Important-Estate-Planning-Issues-Related-to-Divorce

If you are preparing to end your marriage, it is vital to understand that your divorce may be one of the most challenging experiences of your life and affect you for years to come. While you are likely bracing for your new reality as a recently divorced single person, one thing you should not overlook as you begin the next chapter of your life is your estate plan. It is very likely that if you have a will, trust, or other estate planning documents in place, you have your ex-spouse listed as a beneficiary. You may also have them included in beneficiary designations for specific accounts, such as your retirement account or life insurance policy. When you have decided to end your marriage, completing the divorce process is just the first phase of restructuring your life.

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