Challoner Law

Are you over 50 and preparing for divorce? Like many California parents, you no doubt look back on recent decades in a wistful manner, wondering how time could have possibly passed so quickly. One minute you were holding your first newborn baby in your arms; the next, the same child was graduating from high school or college. Through the years, your marriage may have had its ups and downs as well, and you may be one of many people over age 50 who are contemplating divorce. T...Continue reading

Divorce is a complex and emotionally challenging process. You may be dreading the stress and drama that is often associated with ending a marriage, but there may be a way for you to avoid some of this through the process of mediation. This is a way to resolve your disputes in a manner that is respectful, ultimately leading to a final resolution that is mutually beneficial and sustainable for years to come. Mediation is the process of resolving disputes in a neutral setting. W...ith the help of a third-party mediator, you and your spouse can work through issues without the need for stressful and contentious litigation. Before you make any important decisions regarding your future or your final divorce settlement, you will find it beneficial to first explore how mediation can be the right choice for you. The mediation process involves extensive discussions and negotiations between you and your spouse. The mediator will lead discussions, encourage effective conversations, explain the law, identify alternate remedies and more. You and your spouse will have control over what happens and the final terms. The mediator's role is to simply help you move forward and provide guidance in case discussions stall. Some of the benefits of mediation include: It gives you more control over your post-divorce future. It often takes less time than litigation. It often costs less than a traditional divorce. It allows you the ability to address specific needs that may be unique to your family. One of the most significant benefits of a mediated divorce is that it is much more likely that both parties will adhere to the terms and be able to effectively resolve any post-divorce disputes. It may help to remember that any mediated divorce settlement is still subject to review and approval by a family court. Mediation does not necessarily require both parties to get along perfectly in order to work well. It does, however, require that both parties commit to the process. If mediation breaks down or it becomes apparent that this method will not work, you can proceed with the traditional divorce process. If you are unsure if mediation could work for you, it is prudent to seek a case assessment by an experienced legal professional. A California attorney knowledgeable in mediation can help you make choices that will benefit you and your family for years to come.

Is your separate property now community property? You may have entered your marriage with a certain amount of property. Throughout the course of your marriage, you may have believed that, since it was yours prior to the marriage, it would remain that way in the event of a divorce. Now that you face divorce, you may already have a picture in your mind of what you will leave the marriage with, including that property you brought into the marriage. Unfortunately, it may no longe...r be separate property. California is a community property state, which means that the courts will begin with the assumption that you and your spouse own everything together and will split it all 50/50. It is up to you to prove that certain property is not part of the marital estate and is not subject to division. If you took the following steps during your marriage, you may be awarded your separate property: You took steps to keep your separate property apart from your marital property, such as using a separate bank account for liquid assets. You made sure that you did not use marital assets or any other joint effort to improve and/or increase the value of a separate asset, such as improvements to a home you owned prior to your marriage. You kept complete and accurate records that prove the property belongs to you alone. If you purchased any property you wanted to keep separate, you used only non-marital funds to do so. If you use any marital asset or funds to make such a purchase during the marriage, the asset may become marital property. If you received, or continue to receive, funds as part of a personal injury settlement, that asset is yours alone and remains that way as long as you kept it in a separate account. At least a portion of some assets could end up as marital property through a passive increase in value. For instance, if you started your retirement account prior to the marriage and continued to contribute to it during the marriage, the increase that occurred during the marriage could be subject to division. If you kept good records of this account, you can prove that a portion of it should remain separate property. If you are not sure whether an asset converted from separate to marital property, that is just one of the many questions you can ask a family law attorney before embarking on your divorce.

Our office is continuing to work remotely but we are available for phone and video conferencing and are checking phone messages and emails regularly. I hope that everyone is continuing to practice social distancing and wearing masks in public. Take care and stay safe!

I hope that you are all doing well during these difficult times. The Sonoma County courts have announced that they will be closed until April 3, 2020 and our office has decided to implement a work from home protocol commencing tomorrow, March 18, 2020. It is unclear as of this writing whether a shelter in place order will be issued for Sonoma County, but we have chosen to be proactive in our desire to keep everyone as healthy as possible. As part of this protocol we will be available for phone conferences for all of our clients. We continue to support our clients during this time of uncertainty so please feel free to email or call the office. We will be checking our emails and phone messages regularly. Thank you for your understanding.

Courts take these 5 factors into consideration when determining whether they will award alimony.

Divorce day? https://www.independent.co.uk//divorce-day-date-january-8-

Adult child of divorce. Things you might face. https://www.divorcemag.com//things-you-may-face-as-an-adul

Never too old to hurt from parents' divorce. :( https://www.nytimes.com//never-too-old-to-hurt-from-parent

Holidays and Divorce. 7 strategies to help you recapture some of the joy you experienced as a child during the holidays. https://www.divorcemag.com/articles/happier-holidays

Divorce checklist. http://www.challonerlaw.com//from-beginning-to-end-a-divor

My parents split up with I was an adult. It didn't hurt any less. https://www.huffpost.com//my-parents-split-up-when-i-was-a

Are you wondering where to start with co-parenting plans? When drafting a parenting plan, your goal will be to establish a written document that will detail how you and your ex-partner agree to raise your children after the split. With the focus remaining on the best interests of the children, this plan will include the specific times the children will spend with each parent, who will make decisions and how you will handle disputes.