California Divorce and Family Law

California Divorce - California Seeks IRS Tax Equity for Same-sex Spouses

The California Legislature has passed a resolution asking that same-sex spouses and domestic partners be taxed the same as heterosexual married couples.
The resolution, AJR29, asks the Internal Revenue Service to issue a ruling requiring individuals in a same-sex marriage or domestic partnership to each report half of their community income on federal tax returns.
Currently, California law requires same-sex couples and domestic partners to do so, but the IRS does not.
The Senate-endorsed resolution passed the Assembly on a 52-9 vote Monday.
Democratic Assemblyman Mike Feuer says his resolution supports equality. Republican Assemblyman Chuck DeVore says it supports state sovereignty and allows states to set rules on family Law.
For more information on dissolution of Same Sex Marriage and Dissolution of Domestic Partnership see our pages: (LINK TO VARIOUS PAGES ON THIS TOPIC PLEASE!)

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California Divorce - Fathers and Child Custody

If you’re a father going through a divorce then you know how hard child custody arrangements can be. But don’t worry. This article will give you 10 steps to help you in your child custody arrangements issue. But please remember. Keep your CHILD’S interest in mind first, and not yours.
This should go without saying. However, be active in your child’s life. The judge will look at how much time you spend with your child and that will play a big role in who gets custody.
Try everything in your power to work child custody arrangements out with your wife BEFORE going to court. This could save you some headache in the future. Talk to your ex-wife about making a child custody agreement. Include things like who will see your child on his/her birthday, Easter, Halloween, Christmas, New Years and so on. If you and your ex-wife can agree on at least SOME terms, it’ll save you time and money in court later.
If you cannot agree with your ex, then consider hiring a divorce mediator to help you with this. The whole goal here is to get as much of the child custody arrangements done before you go to court. And trust me, every little bit helps.
Unless your wife is truly an unfit mother, allow her to see the kids on a regular basis. For example, I have full custody of my daughter. My ex-wife was given no visitation rights from the courts. The court papers state that visitation is to be whatever I deem fit. Still, my ex-wife comes and goes. But when she makes an effort, I let her see our daughter for short periods of time. It’s just the right thing to do.
If you’ve started dating, it may be a good idea to keep your new partner out of the picture for now. Your wife could get jealous and use this against you in court.
Moving in with your new lover is a bad idea. What your child needs is stability right now, and shacking up with your new mate will only confuse your child.
Whatever child custody plans you and your wife worked out, stick with them. Remember, these arrangements may only be temporary. So stick with it for now. Things may change when you go to court, and you don’t want the judge to see that you’ve already changed the schedule.
Your custody agreement can be changed later on down the road. This is just to set up some normal visitation with your child and the courts could change things drastically, so just do the best you can for now.
Talk to your lawyer and let him/her know exactly what you want out. This sounds silly, but most people just put the child custody case in their lawyer’s hands. Your lawyer may know the law, but he doesn’t know squat about your family. So do the best you can and let your lawyer know exactly what you want. And keep your child’s best interest in mind.
If you’re a father in a child custody dispute, you must learn to recognize (and deal with) blatantly wrong and immoral strategies that will likely be used against you. Be prepared and get all the information you can about winning child custody. Many times fathers lose in custody battles because they were ill-prepared and uninformed. Don’t let this happen to you.
Don’t be bullied in court by your wife. Get all the information you can about Child Custody Arrangements before you go to court.
Read More: Win Child Custody tips and advice.

VIDEO: California Child Custody Attorneys

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California Divorce - Damages Awarded For Divorce Rumors

Brad Pitt and Angelina Jolie won an undisclosed amount of money from a lawsuit that they filed against News of the World. The publication is said to have said that the couple were separating and had a custody arrangement in place. The publication’s article did significant damage to the couple’s reputation, and as such a public apology is said to be underway.
It was also said that the couple met with Sorrell Trope, a well-known divorce attorney for the stars. Trope denied the claims and revealed that he has never met with either Brad nor Angelina. The suit was a claim against the 1998 Data Protection Act, which covers the misuse of private information.
A word to the wise: really do your fact checking before reporting about possible star divorces and other controversial topics!
It’s said that the settlement will be donated to the couple’s charitable foundation, so the money they were awarded will go to a good cause.

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California Divorce Guide Blog

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High Profile Divorce of Pay-Pal Founder Elon Musk Impact on Tesla Motors Inc.

Posted: 06 Aug 2010 01:33 PM PDT

Unfortunately for investors and directors alike, Tesla Motors Inc.’s highly hyped initial public offering (IPO) is competing for attention with media coverage of the bitter divorce of its co-founder, chief executive officer and major shareholder Elon Musk, who also co-founded the hugely successful company PayPal. The June 29th IPO went off without a hitch, resulting in a 41 percent in the company’s stock on the first day (which dropped dramatically, falling below the original price, in the first week). Regardless of what some still consider a relatively successful offering, questions remain about the viability of the country’s first electric car start-up should Musk’s shares — which, after it went public, now stands at 28 percent of the company — be considered marital property subject to division in the divorce proceedings.
Musk’s shares are wisely held in a private trust, and in theory they would be considered separate property, protected from his sarcastically self-proclaimed “gold digging” wife. Even so, Justine Musk is seeking half of his Tesla stock as well as five percent of his stake in SpaceX, one of the few commercial space exploration companies in the world.
How Could Musk Have Protected His Assets?
With proper planning and a few strategic moves, Musk could have kept the millions of dollars in assets from being on the line in his divorce proceeding. Although some people regard them as dooming a marriage or taking the romance of out it, parties who enter a union with significant assets would be wise to have an experienced family law attorney draft a comprehensive premarital agreement (sometimes known as a “marital property agreement”) beforehand. These can be particularly helpful in a second marriage, allowing the parties to designate property that should pass to children or other heirs.

Prenuptial agreements serve other purposes besides estate planning, including:
- Setting the rules for spousal support, such as one party waiving their right to seek alimony or pre-determining an amount that will be paid in the event of a divorce
- Valuation of the other party’s assets (to discover net worth – both parties must disclose their financial situation before a valid and enforceable prenuptial agreement is created)
- Protecting business interests
- Agreeing to commingle otherwise separate property
Should you have questions or concerns about protecting your business or personal assets in a divorce, you should seek the advice of Dishon & Block relating to prenuptial agreements.



VIDEO: Community Property vs Separate Property

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Prop 8 Overturned - California Divorce Guide Blog

California Divorce Guide

California Divorce Guide Blog

Prop 8 Overturned – What are Your Rights?

Posted: 04 Aug 2010 08:46 PM PDT

On August 4, 2010, the Northern District Court of California ruled that Proposition 8, the 2008 state constitutional amendment banning gay marriage, violates the United States Constitution.
In May 2008, the California Supreme Court ruled that an earlier state ban on gay marriage, Proposition 22, violated the California Constitution. In response, conservative religious groups introduced Proposition 8, a constitutional amendment that defined marriage as only between a man and a woman, to the November 2008 ballot. In a highly contested and emotional campaign, California voters narrowly passed Prop. 8, 52% to 47%.
Shortly after Prop. 8 passed, same-sex marriage opponents filed documents in state court arguing that Prop. 8 violated other portions of the California Constitution. On May 25, 2009, the California Supreme Court upheld the legality of Prop. 8 under the California Constitution.
On May 23, 2009, David Boies and Theodore Olson, the opposing attorneys in Bush v. Gore, filed a federal lawsuit on behalf of several parties arguing that Prop. 8 violated the United States Constitution.
The Northern District Court of California ruled that Prop. 8 violated the plaintiffs’ federal constitutional rights. Specifically, the court held that Prop. 8 denied plaintiffs their fundamental rights as guaranteed by the Due Process Clause. In addition, Prop. 8 violated the Equal Protection Clause because it treated heterosexual and homosexual couples differently, without any rational basis for doing so.
What does this mean for California gays and lesbians who want to get married now? Though this is a significant victory for the gay and lesbian movement, defendants will surely file an appeal to the federal circuit court. While an appeal is pending, the Ninth Circuit will probably enjoin gay and lesbian marriages, meaning that California will not recognize those marriages until the case is resolved.
Though official legal enforcement of today’s ruling is likely not imminent, under California Family Code section 297, the state does recognize domestic partnerships between same sex couples. While domestic partners do not have all the legal benefits that married couples do, they do enjoy community property rights, parental and adoption rights, certain tax benefits, access to the partners’ health insurance, etc. (California Family Code section 297.5.)
If you or someone you know wishes to get married or enter into a domestic partnership, you will need an experienced Southern California family law attorney to advise you of your legal rights and responsibilities. At Dishon & Block, we have helped families in need of legal counsel for over 15 years. Call us today at 949-231-1305 at or visit us at our website at www.cadivorce.com – We will be there when you call.

O. C. ‘Happy Index’ is on the rise

Posted: 04 Aug 2010 11:35 AM PDT

There’s a little-known collection of public licensing numbers that insiders at Orange County courts unofficially call our “Happy Index.” And, lately, the numbers have been pushing the Index up.
Perhaps it’s the economy, the Lakers’ second championship in a row, or this summer’s hot song, “California Gurls” by Katy Perry. Whatever the reason, Orange County saw more June brides – and June grooms – this year than the year before. In all, there were 2,034 marriage licenses issued in Orange County last month, a bump of about 3 percent.
“We call this the happiest place on earth,” quipped Renee Ramirez, the deputy commissioner who oversees Orange County licenses and civil marriage ceremonies.
Another number on our Happy Index shows that marriage ceremonies performed at the courthouse are way up. A whopping 752 ceremonies were performed this June, up about 15 percent from June of ‘09.
“They come in limos. They come during lunch. They come in big formal dresses or just jeans or shorts,” Ramirez said. Some, she added, actually do come from The Happiest Place on Earth – Disneyland. She can tell by the Mickey and Minnie hats.
But, if marriage is indeed happiness – and, really, is there a husband reading this who won’t raise his hand and say ‘Yes, dear, it is!’ — the real question is this: What’s the trick to keeping the marriage going?
For that, I talked to people with marriages totaling hundreds of years. The strange thing – and I’ll admit here that our Happy Index may not be the most scientific gauge – the rest of the nation isn’t following our lead. Heck, not even the rest of California seems to agree with singer Perry that “once you party with us, you’ll be falling in love.”
California, overall, falls in the bottom 10 states when it comes to marriage. According to 2008 numbers from the Census Bureau, 49 percent of men and 46 percent of women in the Golden State are married. That’s solidly below national stats, which indicate 52 percent of men and 48 percent of women have entered difficult-to-revoke, lifetime commitments of sexual and emotional fidelity and mutual financial support.
Of course, if the courts throw out Proposition 8’s ban on gay marriage, our numbers should improve. In fact, the Centers for Disease Control (and I am not kidding about the agency) reports a national downward trend in marriage. In 2000, 8.2 out of every 1,000 Americans got married. By 2007, the last year for which statistics are available, the marriage rate was down to 7.3 per 1,000 – a decline of nearly 11 percent in less than a decade.
If you think that’s bad news, here’s some bright news: the CDC also reported the divorce rate dropped from 4 out of 1,000 people in 2000 to 3.6 in 2007 – the lowest rate in nearly four decades. (Divorce, by the way, has fallen nearly 25 percent from the peak, in 1981.)
And the brighter news is that California no longer leads the nation in divorces. In fact we’re tied with Illinois as having the country’s second lowest divorce rate. Both states trail Utah. Of course, if fewer people are getting married it stands to reason that fewer people are getting divorced. The real test is to look at people who have been married for a long time and are still together. There’s not a statistic for that, per se, but there are examples.
My wife and I are doing our best to help with this. Last month, we celebrated our 28th wedding anniversary. With luck – and work – we’ll stay in the still-married majority. Ramirez is doing her part too. Not only does she oversee civil marriages, she is celebrating her 17th year of marriage. With four kids, ages 3, 9, 11 and 16, what’s her secret?
“It’s all about being on the same team,” Ramirez told me.
I pressed her for more because marriage is no simple accomplishment. Just ask Tipper and Al Gore. “There’s a learning curve. It’s maturity,” Ramirez wisely explained. “It’s accepting people’s faults and realizing nobody’s perfect.”
Reposted from the Orange County Resister

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California Divorce - Is Spousal Support Required

California Divorce Guide

California Divorce Guide Blog

Will Spousal Support be paid in my Divorce Case?

Posted: 02 Aug 2010 01:14 PM PDT

Is Spousal Support Required?
Spousal support is not always required. When spousal support is required, it is determined by a number of factors. Ultimately, spousal support is at the court’s discretion as required by the dictates of justice and equity; however, generally spousal support seeks to maintain the standard of living established during the marriage until that spouse is self-supporting. Generally support is granted for a reasonable period of time, which is defined as one-half of the length of the marriage with an exception for marriages of especially long duration. Marriages of long duration are ten years long and may require support indefinitely. If the court finds that the former spouse is not taking steps to become self-supporting, the court may end the support payments.
Despite the goal of support only maintaining the standard of living until the supported spouse is self-supporting, several other considerations also affect the court’s judgment of what is appropriate. One important factor is the skills of the spouse requesting support and the job market for those skills as well as the training or education needed to make those skills marketable. The affect of working on his or her children is also considered. Likewise, the supported spouses’ unemployment and reduced earnings expectations due to domestic work, sometimes called “the Mommy Track” is considered.
If the party seeking support helped the other spouse to get an education, training, or a license this is also factored in. The financial ability of the paying spouse is another important factor and all income, assets, and standard of living are considered. Debts, assets, obligations, and separate property of both spouses are considered as is the duration of the marriage and the health and age of both spouses. Documented domestic violence is also a factor in determining support as are criminal convictions for domestic violence. Tax consequences also play a role. Questions of support are complex and require an experienced, knowledgeable spousal support attorney that will guide you through the process.



VIDEO: California Spousal Support

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California Divorce - How a Divorce Attorney Will Assist You

California Divorce Guide

California Divorce Guide Blog

How a Divorce Attorney Will Assist You in Completing Your Case

Posted: 01 Aug 2010 05:00 PM PDT

by Arron Dishon, Irvine, California Divorce Lawyer and Managing Partner at Dishon & Block
Divorce is defined as the dissolution of a marriage in the presence of a court. If the California divorce is not certified by the court then it is not considered a legal divorce. Once a couple completes a divorce they are free to marry anyone else of their choosing. Divorce not only affects the man and woman involved in the case but also the extended family and the children from the marriage if there were any. A divorce lawyer can help anyone going through a divorce get through the proceedings without ripping their hair out and becoming increasingly frustrated with the other person involved.
Divorce can be a mentally frustrating process and hiring a lawyer to help get through the process is the best thing to do. Why? A lawyer will help with the filing of forms, requesting property when the division of property takes place, figuring out who gets custody of the children, determining visitation rights, figuring out child support and spousal support, and how the debt of the couple should be divided. A divorce lawyer for a divorce case can make the proceedings much easier to deal with than representing oneself.
The majority of states in the United States require that a spouse be a citizen of that state for at least six months before filing for divorce in that state and proof of residence for that time frame must be presented to the court before filing for divorce. The proof can be a written or oral declaration by someone with knowledge of that person’s residence in the specified state. Sometimes the spouse of another will decide to file for divorce in another state and if this is so the other spouse should file for divorce in their own state immediately in order to avoid travel as much as possible.
During a California divorce there are a plethora of things to decide upon for the two parties involved. A divorce case will not take only one appearance in court to settle the differences between a husband and wife. More than likely a divorce case, if the two parties cannot agree on anything, can take anywhere from two months to a year to complete. A divorce lawyer will help any divorce proceedings progress at a quicker pace and will help their client get the most property and assets from the split as possible.
Discover More Answers at the Complete Guide to California Divorce
Some of the things that need to be decided on in a divorce case are child custody, child support, spousal support, property division, debt division, child visitation rights and much more. If the spouses involved in a divorce case can come to an agreement on everything involved in the split then they can obtain an uncontested divorce. An uncontested divorce is when the couple is not on separate pages when it comes to dividing the property, assets, child support, and child custody. If a couple reaches an uncontested divorce then the proceedings will be extremely quick to complete. As with a regular divorce, a divorce lawyer can help a couple obtain an uncontested divorce rather quickly.


VIDEO: Irvine California Family Law Attorney

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California Divorce Blog - Courts Have the Power to Restrict Parents Speech

AN ORDER RESTRAINING A PARENT FROM “INTERFERING” WITH THE OTHER PARENT’S PARENTING TIME IS NEITHER AMBIGUOUS NOR UNCONSTITUTIONALLY OVERBROAD.
In family law cases, courts have the power to restrict speech to promote the welfare of the children.
Irmo Hartmann (2010) ___ Cal.App.4th ___(CA 2/6 – Opinion filed June 23, 2010)
In a recent divorce and child custody case the Husband asked the court to issue a restraining order preventing Wife from interfering with his custodial time. Husband complained that Wife told the children every detail of the trial, told them that he lied to the court and told them they do not have to follow the court’s orders. She also told the children their father lied to reduce his child support obligation. In October 2007, after an evidentiary hearing, the trial court found Wife treated the court orders as if they were a “work in progress.”
The trial court also found Wife was attempting to alienate the children by her actions, words and demeanor and issued an order restraining her from interfering with Husband’s custodial time. Undaunted, Wife carried on the campaign. She appealed this order and the appellate court decided that In family law cases, courts have the power to restrict speech to promote the welfare of the children.
Thus courts routinely order the parties not to make disparaging comments about the other parent to their children or in their childrens presence. (See In re Marriage of Candiotti (1995) 34 Cal.App.4th 718, 725.) If a court is unable to order the parties not to interfere with a custody.

VIDEO: Child Custody Attorneys Orange County California

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California Divorce - Will California Outlaw Divorce

Thanks to the law permitting public initiatives in California, gay and lesbian people may soon be able to vote on the marriages of heterosexual people. It was, of course, the initiative process that brought us Proposition 8, that put gay marriage up for a popular vote and overturned the judicial legalization of such unions.

Now, a measure that would outlaw divorce among those heterosexually married folks could be headed for the 2012 ballot in California. Mercury News reports that “the 2012 California Marriage Protection Act has cleared a major legal milestone: Last week, the secretary of state’s office gave [John] Marcotte permission to start gathering signatures. To make the June 2012 ballot, he’ll need nearly 700,000 approved signatures by the spring of that year.”

The 38-year-old Marcotte has said such a measure is necessary to preserve marriage, as the anti-gay marriage folks say they want to do. Marcotte has complained “among other things that divorced teachers shouldn’t be allowed to teach his kids. He said there’s a reason people like his anti-divorce arguments so much: ‘I stole them from the Yes on 8 site.’ And he’s counting on support from groups who bankrolled the anti-gay-marriage initiative.”  Read More...

New Mate Income CAN NOT BE CONSIDERED in setting Child Support.

Knowles clarifies and reiterates the law that if you re-marry your new spouse’s income and even their assets may not be considered for purposes of establishing child support. In this case the Husband had joint assets with his wife and his ex-wife tried to get at these assets for child support. The appeals court clarified that the ex-wife could only get one-half of the income from these assets as only one-half was husband’s share of the community property assets. This case clearly sets forth a bright line standard— if you re-marry your new spouse’s income is off limits for purposes of establishing support. 

Furthermore, the Court also went on to state that Capital Gains should not be considered as income when the husband presented evidence as to a reasonable rate of return to his investments. This is an important holding as in many cases there is a supported spouse who has considerable investment income but that investment income is invested in stock or other non-income producing assets. In such cases it is appropriate to argue that the assets could be re-invested and generate a reasonable rate of return, thus lessening the payor-spouse’s liability for support. Child Support Calculator