Newport Family Law & Mediation Group

How does palimony work in California?: Anyone who cohabits with a partner in California should know the basics of palimony laws. Palimony has been recognized in California since the mid-1970s. In essence, palimony payments are support payments for a former partner who was not married to you. There are some important differences between palimony and spousal support. Palimony actions Divorces are handled in family law courts in California, but palimony claims are different. The...y are filed in civil courts. Usually, they're treated like a breach of contract or implied partnership. Palimony claims may depend on a number of factors. The length of time the couple was together may be taken into account. Promises of financial support, even oral agreements, might come into play. Witnesses to the claims can help bolster them if the claims are not in writing. The education and work history of the partner asking for support might also be considered. If they are unlikely to be able to support themselves while single, that may influence the court. One reason that California recognizes palimony claims is that the state does not have common-law marriage. Common-law marriages from other states may be recognized by the courts, but no relationship originating in California will be recognized as a common-law marriage. Cohabitation agreement Anyone who finds themselves on either side of a California palimony claim should seek legal advice. An experienced attorney may be able to help you understand how palimony works in the state. Additionally, couples who live together may want to consider a cohabitation agreement. This document can spell out how much money each partner will contribute to household expenses and what kind of support will be paid should the relationship dissolve. https://bit.ly/3cq9W1K

What's palimony?: Everyone is familiar with the concept of alimony, which is paid in certain states like California when married couples divorce and one party is required to pay the other for an imbalance of financial stability following a divorce. Alimony is ordered in a variety of situations, but traditionally it has always been associated with couples who have been legally married. In contemporary society, "palimony" is also allowed in some states such as California wher...e community property laws are recognized by state courts. Understanding palimony Palimony was first introduced as a family law concept in the late 1800s, but the phenomena of palimony lawsuits was reinvigorated in California during the 1960s. The lawsuits are based on the traditional concept of the nuclear family where the husband goes to work as the primary breadwinner for the family while the wife stays at home and does the domestic work necessary to run a home. Many women sacrificed careers for this to happen, most often with no written agreement in addition to the absence of a marriage license. Today this extends to same-sex couples. Impact on modern society The days of traditional marriage have long since gone, but the palimony issue still has yet to be codified. Instead in contemporary society where so many couples live together for years without being married, the palimony lawsuit filings have become a more common family law occurrence. This is especially true when partners have provably lived together for an extended period of time. The real problem with this legal matter is there is no actual recognition of common law marriage in California. This means each case is decided based on detailed information regarding the living arrangement and the amount of financial sacrifice one partner has made during the cohabitation term. It can take aggressive legal representation for a successful outcome. https://bit.ly/3ufpATO

Will your family benefit from 50/50 child custody?: If you're going through a divorce in the state of California, your biggest concern is likely the custody of your children. While it can be scary to think about the fact that your children may not be living with you most of the time, you need to keep the best interest of your children in mind. While most parents want to obtain a 50/50 child custody arrangement, that's not always in the best interest of the children. What is 5...0/50 custody? 50/50 child custody, also referred to join or split custody, refers to a custody schedule where a child spends an equal amount of time with both parents. Most courts utilize the number of nights that the child stays with each parent as an indicator of the amount of custody that they have. Parents who have 50/50 child custody share within the major decisions of their child's life, like what school attend and what religion they participate in. Factors to consider While you might be used to splitting everything right down the middle when it comes to your marital assets, splitting your children may not be in their best interest. In most cases, 50/50 child custody works best for parents who live within a close geographical region to one another and have children that are not young. If you and your spouse don't live close to one another, it's going to be logistically difficult to move your kids back and forth between your homes on a regular basis. In addition, younger children are less likely to adapt to a constantly changing home environment when dealing with 50/50 child custody. While at first glance, 50/50 child custody may seem like the perfect solution for you and your spouse, it may not be. It's important to stop and think about the logistical factors as well as the emotional well-being of your children to determine whether or not this type of custody arrangement is right for your family. https://bit.ly/3eofVpj

Is signing a prenuptial agreement something that will benefit me and my soon-to-be spouse?

What to consider before signing a prenuptial agreement: California courts will generally uphold the terms of a valid prenuptial agreement. Furthermore, the courts will typically uphold valid contracts that are executed after a wedding takes place. However, there are many issues to consider before deciding if you want to create a custom marriage agreement with your spouse. The pros of a prenuptial agreement A prenuptial agreement can be used to stipulate that a business, home ...or other property remains in your possession if your marriage ends. Furthermore, it can be used to determine if you're entitled to alimony payments in the event of a divorce. Finally, you can think of this type of deal as akin to negotiating the terms of a divorce before it happens. This can save a significant amount of time and money if the relationship fails. The potential drawbacks of a prenuptial agreement One of the primary drawbacks of a prenuptial agreement is that it may create a level of mistrust between partners. This may be particularly true if one person has a significant amount of assets while the other has little more than debt. It's also important to note that such an agreement may be thrown out in court if there is reason to believe that it wasn't structured in accordance with state law. Important information about postnuptial agreements Postnuptial agreements are, essentially, prenuptial agreements that didn't become official until after you married your spouse. It isn't uncommon for couples who are having marriage issues to execute these types of documents in an effort to preserve their relationships. Regardless of why you're seeking a custom marriage contract, it's generally in your best interest to have an attorney review a deal before it goes into effect. A lawyer may provide more insight into the potential benefits of signing a prenuptial or postnuptial agreement. If you already have such an agreement with your partner, legal counsel may be able to review its terms to determine if they will likely be upheld in court. https://bit.ly/32Xvspn

Stock options and restricted stock award assets in a divorce: California citizens that go through a divorce know that it can be extremely complex and time-consuming. Once more money is involved, it can get even more complicated because you'll have to deal with specific aspects, like restricted stock awards and stock options, that aren't involved in a typical marriage. It's vital to understand what these assets are so that you can properly ensure you're getting your fair share.... Understanding stock options When you go through a divorce, you'll have to split up all your marital assets. Pinning down all these marital assets can be a bit difficult when you're dealing with a lot of wealth. One asset you'll need to look for is stock options. In a nutshell, employers provide stock options as a way for employees to purchase a stock at a set price instead of the current price. The catch is that an employee may not purchase the stock option for a period of typically one to five years. Essentially, your former spouse may have stock options from his or her employer that you may not have been aware of since he or she cannot touch them for a set period of time. However, it's important that you address these stock options in your divorce decree because they can allow you to cash in on a good bit of money when it's time to buy the stock. Restricted stock awards Somewhat similar to stock options, restricted stock awards are presented to employees early on in their employment. Just like with stock options, with restricted stock awards, individuals have to wait a specific period of time before they can do anything with the stocks. This is referred to as the vesting period. Do yourself a favor, and see if your former spouse has any restricted stock awards because you're entitled to them as well. Going through divorce as a wealthy couple has many different aspects that do not pertain to the average divorce. Two very important assets that you need to be on the lookout for include restricted stock awards and stock options. You will want to consult your divorce lawyer about determining whether your former spouse has these and how much you're entitled to. https://bit.ly/3aqikNV

Which types of protection orders are legal in California?: A protection order, also referred to as a restraining order, is a legally binding order that is meant to protect someone from being abused, harassed, threatened or stalked. The person who requests the restraining order is referred to as the protected person, and the individual whom the order is against is the restrained person. If you're a California resident and you need a restraining order as part of your family law... ruling, here are a few things you should know. What do restraining orders do? If you file a restraining order to protect yourself against domestic violence or elder abuse, the restrained person is not allowed to contact, stalk or have any physical contact with you. This document is designed to keep people from assaulting or threatening you or from damaging any of your property. A stay-away order mandates that the restrained person must always stay a certain distance from the protected person at all times. The restrained person is not permitted to show up at the protected person's home, their place of work or the school where the protected person's children attend. Move-out protection orders In some family law proceedings, the protected person must file a kick-out or move-out order, which requires the restrained person to leave the home that the protected and restrained person share. The restrained person must stay away from the home until the court hearing. Failure to adhere to the order could limit the restrained person's ability to see their children. The restrained individual is also not permitted to own a gun. Failure to abide by the rules of the restraining order could result in fines or jail time. A person going through divorce or child custody proceedings may fear for their safety. They may want to contact a qualified family law attorney about filing a restraining order. https://bit.ly/2QqfHnW

Divorce does not mean the end of your small business: Some California couples who decide to proceed with a divorce might have to negotiate what happens to their small business during the division of property. There are different options about how business owners can approach this, each depending on a variety of factors and considerations. Who was responsible for the business before the divorce? One of the first things to consider is who ran the business before the couple deci...ded to end the marriage. If only one spouse was involved, then the likelihood is that that same spouse will continue to run it. However, if both spouses were involved, additional factors should be considered. If the spouses can get along and continue running it together, they need to specify each person's legal responsibility and their duties related to the business. If the spouses cannot run the business together, the factors to consider include: Laying out a clear system to report the finances of the business to the other spouse Considering if one spouse can do both spouses' jobs Bringing in another person as a manager or partner to take over the other spouse's responsibilities The value of the business versus the cost of keeping it Another big consideration when deciding whether to keep running the business together, buy out your spouse in the business or letting your spouse buy you out is the value of the business. Getting an accurate valuation of the business before filing for divorce will help both spouses make an informed decision. Fighting in court for the business, for example, might end up costing as much, if not more, than what the business is worth. In those cases, the fight might not be financially worth it. Divorce is a complicated process and when a business is involved, it becomes even more complex. Consulting in advance with a family law attorney about the options that are available might be beneficial. https://bit.ly/3dvapj3

What are your rights to business assets if you're unmarried?: These days, fewer couples are getting married, but many are still purchasing property and going into business together. This can make breakups more complicated than ever before. According to California's Family Code and case law, property that is shared between a married couple is known as community property. But what happens when unmarried couples want to dissolve financial or property agreements once they are no ...longer in a relationship or one partner passes away? Marvin vs Marvin Unmarried couples who are committed to each other often make plans to go into business together, build financial security together and take care of one another. In the Marvin vs Marvin case tried in California Supreme Court, commercial principles associated with non-intimate business partners also apply to business partners who are not married but in a romantic relationship. This treats the division of money and property as a business law issue instead of a family law issue since business partners should not have to give up their commercial rights due to the personal nature of their relationship. Evaluating cases using the Marvin theory Since asset division for unmarried couples doesn't technically fall under family law, it can be challenging for a financial advisor or attorney to prove the validity of either party's claims. Lawyers should not be dismissive about certain claims based on the personal nature of the defendant and plaintiffs. Instead, these attorneys must refer to regulations for suitable business practices. Gifts, goods and services are assessed to determine whether these things were given as part of a business deal, as gifts or in exchange for other favors. If you're a California resident and you need legal advice about dividing a business or assets between yourself and a former romantic partner, contact an experienced lawyer to find out how to receive the business assets you're entitled to. A lawyer may help you understand your rights and options. https://bit.ly/2P4up3O

How to deal with retirement and investment assets in a divorce: When a California couple begins the process of divorce, they will negotiate how to divide their assets. A big portion of the negotiations will relate to the investment and retirement accounts that are part of their assets. With the stable financial future of each spouse at stake, there is a lot to keep in mind. Tax and penalty fees can significantly change the value of an account As spouses prepare to negotiate o...ver assets during the divorce, they should consider the impact that taxes and penalty fees can have if an asset is not divided properly or if funds are withdrawn from the asset too early. For example, 401(k) and 403(b) plans require a Qualified Domestic Relations Order, also known as a QDRO, before they can be divided between the spouses without penalty. For some plans, the spouse withdrawing the money must roll it over into an IRA to avoid penalties. IRAs, however, do not allow early withdrawal, so if a person withdraws funds before he or she is 59.5 years old, the amount withdrawn will be taxed, and a penalty will occur as well. Records, information, and beneficiaries The ending of a marriage will result in many changes and many of these will involve the couple's finances. To prepare for that process, it is important to have records for all investment and retirement accounts, including: Account numbers Value of the account Access information Beneficiary information When it comes to beneficiaries, it is also important to remember to contact the managers of all your accounts to delete the former spouse as a beneficiary and to add one or more beneficiaries to the account. This small action can prevent a lot of headaches later on. The division of property can be a complex process even in the most amicable of splits. Finding an attorney who can support you during this process might help you navigate the different issues that may provide challenges. https://bit.ly/3tj3obt

How can Orange County parents prepare for a child custody case?

Key points about how child custody is determined in California: Many family law issues can be in dispute during a California divorce. Frequently, one of the most emotionally challenging and contentious ones is child custody. The circumstances dictate how agreeable or acrimonious the case might be. In some instances, the parents can negotiate an agreement on their own. In others, it is more complex. Before letting the situation escalate, it is wise to have a grasp of child cus...tody, the factors involved and the way it will impact the future. The importance of serving a child's best interests There are several aspects of how a court will view a child custody case and make its decision. Of paramount importance is the child's best interests. That will include ensuring that the child will be put into an advantageous and nurturing environment with the parents showing the ability to cooperate. The child's health, age, if there is an emotional bond with the parents, if there were problems in the home, schooling and extracurricular activities are all considered as the case is analyzed. Often, there is a perception that the custody decision is tilted toward one parent or the other. It is not. Gender is also irrelevant in court. The child's best interests take precedence. Still, if there were incidents of domestic violence in the home, that will be treated seriously and will undoubtedly play a major role in the decision. With child custody, it is wise to keep the child's needs in mind and to understand that the longer it takes to resolve a case, the more emotionally taxing and financially costly it will likely be. Professional guidance may be beneficial with child custody cases It is easy to let emotions hinder attempts to forge a reasonable agreement and prolong the child custody decision. Of course, if there are safety concerns, parents should do whatever they can to protect their children. Other areas of disagreement may be easier to manage. Having experienced legal guidance from the start may be essential to reach a reasonable resolution. https://bit.ly/30xt0oE

What are postnuptial agreements?: A postnuptial agreement is the same as a prenuptial agreement except that it gets put together during a marriage instead of before the wedding. The purpose of this agreement is to determine how your financial assets will get split up in the event that a divorce takes place. A postnuptial agreement can protect you, your partner and your assets, so there are a multitude of reasons to consider drafting one in California. Children from previous m...arriage If you have children from a previous marriage, a postnuptial agreement can ensure that those children will get protected in the case of your untimely death. If you were to pass away, there is a chance that your assets might go to your spouse's children instead of your own. This is why putting together a postnuptial agreement can ensure that all of your children will get taken care of. Protecting your business If you own a business, a postnuptial agreement will ensure that you retain ownership of the business in case of a divorce. Without an agreement prior to a divorce, it is possible that your partner can acquire a percentage of your company and receive payments based on the company's profits. This is also the case if you come into a large inheritance; your ex-spouse could potentially claim a portion of that inheritance for themselves even though it is specifically for you. Benefits to a marriage By laying out how things will get divided in the case of a divorce, this could potentially improve your marriage because both parties will understand what they are losing if the marriage does not work out. It gives you the opportunity to communicate and be clear about your finances. Postnuptial agreements benefit both parties in many ways and can ensure that assets get divided equally if you decide to end the marriage. An experienced family law attorney may help analyze the assets of both parties and put together an agreement that would result in a fair divorce settlement. https://bit.ly/2O78kAC

Partners looking for a strong foundation should know when to sign on the line.

Finding an alternative to prenuptial agreements: Divorce can lead to a lack of sleep, immense stress and family problems between you and your children. In many cases, this stress is due to the financial splits that are necessary after a divorce. This division of assets can be particularly messy if there are no arrangements made beforehand. The most popular arrangement to make before marriage is a prenuptial agreement, but there are other options available to help you in case ...of a divorce in California. Prenuptial agreements Before discussing alternate methods to a prenuptial agreement, it is important that you understand exactly what this is. You and your spouse make this agreement before you marry in order to avoid negative outcomes in case of divorce. It covers what happens to each of your assets during a divorce. These agreements can cover your property and even what child custody will look like. Why would you not want a prenup? Some individuals do not want to disclose all the assets that they have prior to marriage. In order for a prenuptial agreement to appear valid by the state, however, you have to disclose every asset that you own. There is a solution to this problem though: A lawyer can help you with creating an irrevocable trust. Irrevocable trusts The way to get around the laws of a prenuptial agreement is to form an irrevocable trust. This trust holds your assets for your children and other beneficiaries so that they technically do not belong to you. This means that if you decide to sign a prenuptial agreement in case of a future divorce, you do not have to disclose the assets that are in this irrevocable trust. Considerations A divorce can happen to anyone, and it is important to have preparations made so that you can protect yourself in case a divorce occurs. Consider creating an irrevocable trust to place your assets in so that they are protected from property division during a divorce. A lawyer who is knowledgeable in the options available to you can assist you in establishing this trust and creating a prenuptial agreement. https://bit.ly/2XeVulo See more

Before marriage, protection of assets can set clear expectations for both future spouses.

Common myths about prenuptial agreements: California residents may assume that they have to be wealthy or famous in order to need a prenuptial agreement. However, prenuptial agreements are an option for everyone, regardless of their net worth. There are several myths about prenuptial agreements, and it is important that you educate yourself about how they really work. Prenuptial agreements are a sign of a weak marriage When you pull out of your garage, you put your seatbelt o...n. You don't do that because you assume you're going to be in an accident; you do that because you know that vehicle accidents are a real possibility. Putting prenuptials in place doesn't mean you think your marriage is going to fail; it simply means that you know that divorce is a possibility. Prenuptial agreements are only for the wealthy Since celebrity divorces garner more news, many people believe that prenuptial agreements are only a tool for the super-rich. However, prenuptial agreements are a tool that is available to everyone, regardless of personal net worth. There is no minimum amount requirement for an estate to be involved in a prenuptial agreement. Postnuptial agreements are another option There is no law that says that you must have an agreement in place before the wedding. Many couples don't put a prenuptial agreement in place but decide that they need one after the fact. You can put together a postnuptial agreement that is just as legally binding as a prenup. Couples who decide to put a plan in place regarding their assets should work with an attorney who is familiar with family law in their state. This attorney can review their clients' assets and help them put a plan in place that works for everyone in the event that the marriage does not work out. https://bit.ly/2Xelmh9

Avoiding common tax-related divorce mistakes: Going through a divorce could come with an enormous amount of stress. Spouses seeking to dissolve their marriages may want to "just get things over with," but such an attitude might prove regrettable. Divorces come with financial concerns and considerations, so spouses need to avoid making mistakes that harm them financially. One area to be mindful of is tax implications. What are the implications of married filing jointly? When s...pouses file a "married filing jointly" tax return, both parties become responsible for the debt. The IRS could seek payment for debts owed from a spouse who earned less money, if any, during the years that the married couple filed the return. Things could become troubling for a spouse who earned very little money and who finds himself or herself dealing with the tax obligations from an ex-spouse who earned far more. There are possible solutions under certain circumstances. The law provides for "innocent spouse" and "injured spouse" claims. Regardless, the parties could discuss tax debts and obligations during divorce proceedings. The path forward with tax obligations A spouse who submitted married joint returns for 30 years may now find himself or herself filing "single" status. A spouse who never dealt with accountants or tax attorneys before might feel overwhelmed by the process. Taking steps to educate oneself about tax filing requirements and seeking to establish new professional relationships might prove helpful. Learning about divorce-related tax issues A divorce attorney could speak with a client about a variety of different concerns. Asking an attorney for guidance and insights about present and future tax obligations might help a client understand tax duties and implications. Discussions about how to address tax debt during the divorce proceeding may occur, as well. Spouses involved in divorce proceedings need to understand how tax responsibilities factor into the process. Otherwise, added difficulties and responsibilities may arise. https://bit.ly/3r9cGX0

Details that make a sound prenuptial agreement: Even though a couple might not want to think about getting a divorce in California, it's important to have some type of protection before entering a marriage. One way that each party can be protected is by signing a prenuptial agreement. However, there are some things that can't be included in the agreement just as there are details that are commonly included. Details you can add When a prenuptial agreement is made, each party c...an include separate property and marital property. These details will make it easier to divide assets and to ensure that each person gets the proper items in the event of a divorce or if one spouse dies before the other. Each party can be protected from the other person's debt with a prenuptial agreement. Children can inherit assets from the parent if the details are included in the agreement. Family heirlooms and belongings that should stay in one family can be added so that they are not given to the other party. Details not to include No illegal activity can be entered in the prenuptial agreement. In addition, the agreement can't include details about child support or custody arrangements. One detail that is commonly assumed to be possible but can't be added to a prenuptial agreement is a waiver of alimony rights in the event that the marriage ends in divorce. Personal details, such as who performs duties in the home, can't be included in the agreement. When a couple decides to get married, they might want to ensure that each person receives the proper assets if the marriage dissolves. A family law attorney may offer assistance by looking at all of the assets that each person has in order to draw up the best agreement possible. An attorney may also help distinguish how the assets are divided if the marriage does end so that there are no questions by either party. https://bit.ly/39dzG0E