John T. Chamberlin, Attorney at LawPleasanton Family Law Attorney | Livermore CA Divorce Attorney2024-02-06T17:56:24Zhttps://www.johnchamberlinlaw.com/feed/atom/WordPressOn Behalf of John T. Chamberlin, Attorney at Lawhttps://www.johnchamberlinlaw.com/?p=485652024-02-06T17:56:24Z2024-02-06T17:56:24ZCalifornia often limits relocations with children
A relocation or move-away scenario could very likely prompt conflict between co-parents. Both adults could so very strongly about the situation and may worry that a decision not in their favor could negatively affect their relationship with their children. For example, if a parent seeks to relocate but does not get permission to take the children with them, they might have a hard time accessing the children after the move. However, a parent who does not intend to relocate might worry that the other parent moving away with the children could negatively affect their parental rights.
Sometimes, parents can discuss the move and reach a determination that everyone agrees is reasonable. If the parents agree, they can go back to court to modify an existing custody order with few complications. If they disagree about the move, then they may need to litigate. Having both parents spend plenty of time with the children is usually in their best interests, but the courts also consider the secondary needs of the children too, including the need for financial stability and social support. Judges potentially have the authority to grant a relocation request and allow parents to move if there is a good reason for requesting the move.
Before someone begins planning the practical aspects of a move out of California, they first need to make sure that they can legally take their children with them. Understanding how California approaches relocation or move-away requests may benefit parents who worry about maintaining a relationship with their children even as their circumstances change.]]>On Behalf of John T. Chamberlin, Attorney at Lawhttps://www.johnchamberlinlaw.com/?p=485632023-12-05T15:56:01Z2023-12-05T15:56:01ZSupport changes
A higher-paying job can affect the amount someone has to pay in spousal and/or child support. If the person receiving support begins earning more, the paying spouse may conversely be in a position to lower or end their payments.
If your new job pays less than your previous one, you’ll likely have to explain why you took a lower-paying position if you then seek to modify your support agreement(s). If you need more time to provide child care or possibly elder care or because it was either that or unemployment, that would be considered more favorably than if you had no reason beyond your own interests.
If you also seek to modify your child custody order due to your new job, that can affect how much child support you pay or receive. Assuming your new job doesn’t involve a relocation (which is a more complicated circumstance), you may have more or possibly less time to care for your child.
Custody changes
A long-term change to a parent’s job schedule is a potentially valid reason to seek a modification of parenting time and responsibilities. If the new job allows you to work at home, for example, you may be able to obtain a greater share of parenting time. However, if you’re already dividing parenting time roughly 50-50, a judge may not see any reason to disrupt your child’s schedule. Even if don’t have more (or less) time available, a change in your hours or time you have to spend commuting or traveling could affect your co-parenting schedule.
If your former spouse is agreeable to the changes you’re seeking, that will definitely make it easier to get modifications. If they aren’t, you’ll need to be prepared to present your case. Even if they are agreeable, it’s crucial to codify the changes. If you don’t, you won’t be abiding by court orders, which can get you in legal jeopardy down the road. Therefore, seeking experienced legal guidance as you pursue these changes is critical.]]>On Behalf of John T. Chamberlin, Attorney at Lawhttps://www.johnchamberlinlaw.com/?p=485612023-10-06T10:30:55Z2023-10-06T10:30:55ZNot all property is subject to division
One of the first concerns people have about savings and retirement funds in a California divorce is that they will have to divide all of those resources in half. They may have an oversimplified idea of what community property statutes mean for their finances.
Some people worry that not only will they reduce their savings by half but they may have penalties as well if they used tax-deferred accounts for their retirement funds. Thankfully, when people divide their resources as part of a divorce in California, they can avoid penalties and taxes and many cases.
A properly executed qualified domestic relations order (QDRO) can split a retirement account without triggering the taxes and penalties someone would need to pay if they made an early withdrawal to pay for a new car or a medical bill.
Alternative dispute resolution gives people control
To many people, simply avoiding penalties isn't sufficient. They hope to retain particular assets for their own financial comfort after the divorce. Obtaining those specific resources may be a viable option for those who can cooperate with their spouses.
Collaborative divorce or even divorce mediation may allow spouses to separate in a manner that gives them control over the property division decree. Equally important is the ability to manage the costs of divorce with a more amicable approach. Spouses may pay a fraction of what they usually would for a contested divorce if they use alternative dispute resolution systems to settle their disagreements about property division and other marital matters. They can preserve more of their savings by cooperating.
Those in unhappy marriages do not need to give up on the idea of divorce just to preserve their retirement savings and financial resources. Setting specific financial goals early in the divorce process may help people preserve more of their most important assets for the future.]]>On Behalf of John T. Chamberlin, Attorney at Lawhttps://www.johnchamberlinlaw.com/?p=485592023-08-02T16:24:53Z2023-08-02T16:24:53Za lot of other priorities. Many want to finish their education, start businesses, establish themselves in careers and pay off their student loans before they even think about starting families. What, however, is causing people to divorce these days?
The answers may surprise you
Gone are the days when the social stigma of divorce was enough to keep people living in relationships that are unhappy or simply unfulfilling. That may be why 75% of couples say that a general lack of commitment to making the relationship work is the reason for their divorce.
Basically, people have high expectations about what a marriage should be like. When that doesn’t happen, they aren’t interested in struggling through years of effort to improve things. One or both halves of a dissatisfying union may simply decide to move on.
Other top causes of divorce today may sound familiar
Infidelity: 60% of divorces involve some kind of infidelity on one or both sides, whether that’s physical relationships with someone aside from their spouse or “emotional affairs” over the internet.
Basic incompatibility: 58% of couples say that they ended their marriage because they were tired of all the conflicts and fighting.
Youthful marriages: 45% of couples say that they simply “married too young,” which likely means that they married before they’d fully developed their personalities or belief systems, and they simply grew in a different direction than their spouses.
Money trouble: 37% of couples break up because of money woes. Financial pressures can occur at every economic level, and they can simply involve a marriage between a “saver” and a “spender.”
Substance abuse: 35% of divorcing couples say that alcohol or drug abuse played a significant role in their splits.
Domestic abuse: 24% of divorcing couples say that some kind of spousal abuse was behind their split. That could be physical, mental, emotional or financial mistreatment.
Ultimately, every marriage is different – and so is every divorce. Your own reasons for seeking a divorce may fall into one, many or none of the categories above. Only one thing is certain: Your interests will be better protected if you seek experienced legal guidance proactively once you’ve decided to end your marriage.]]>On Behalf of John T. Chamberlin, Attorney at Lawhttps://www.johnchamberlinlaw.com/?p=482062023-06-08T13:38:18Z2023-06-08T13:38:18ZYou can do this through mediation or negotiation
The good news is that the answer is yes. You and your spouse can come to an agreement on your own. If you do this, the court will generally prefer to use it over anything that a judge would’ve arranged. The court also knows that you understand what your child needs and what will work best for your life. As long as it appears to be legal, the court simply will approve a mutually-agreeable co-parenting arrangement signed off by both parents.
People will often accomplish this aim by using mediation. Mediation allows you to sit down with a third party – who is the mediator, on neither side – and they will help you and your spouse work together with your attorneys to come up with the details of your own divorce settlement. You can decide how to share time with your kids, how to divide assets and things of this nature. This is often faster, less expensive and less contentious than a litigated approach – and it means that you and your spouse will remain in control of what your future is going to look like.
Exploring all of your options
Mediation and other uncontested divorce approaches don’t work for everyone, but you can see how beneficial non-litigated approaches may be if they work for you. Seeking legal guidance is a good way to start exploring how to navigate your divorce most efficiently and effectively.]]>On Behalf of John T. Chamberlin, Attorney at Lawhttps://www.johnchamberlinlaw.com/?p=482042023-04-11T08:44:14Z2023-04-11T08:44:14ZWhen is a modification possible?
Ideally, the parents or judge putting together a parenting plan will think about not just the immediate needs of the children but what the family will require over the next few years. Some plans include provisions for future changes to family circumstances.
Still, situations can change very rapidly in ways that people don't anticipate. Therefore, the California family courts don't impose time restrictions on modifications the way that some other states do. At any point when a parent believes that a parenting plan no longer works for their family, they can potentially file a request for a modification hearing.
Provided that the judge reviewing their paperwork agrees with the claim that there has been a substantial change in circumstances that alters what would be best for the children, a hearing may be possible. Sometimes, parents can cooperate with one another for quick uncontested modifications. Other times, they end up litigating.
In the case of litigation, a judge will potentially update a parenting plan if they agree that the current arrangements are not working for the children or the family. The more significant the changes that affect someone's parenting plan, the more important it becomes to update the official documents approved by the family courts, even if the alterations are mutually agreed upon, as the standing order will remain enforceable until it is formally changed.
In either event, pursuing a custody modification with the assistance of an experienced legal professional can benefit those who are trying to share responsibility for their children if a family’s needs have significantly changed since an original order was made enforceable.]]>On Behalf of John T. Chamberlin, Attorney at Lawhttps://www.johnchamberlinlaw.com/?p=482012023-02-17T16:23:03Z2023-02-17T16:23:03ZStocks will likely need to be divided with all other assets
The short answer is that yes, stocks are considered financial assets, and the money that you made as the value went up during the course of your marriage is going to be treated similarly to any other type of marital income. As long as you and your spouse earned that income while you were married, even if you took a hands-off approach and simply left your money in a diversified account, then it is a marital asset. As a result, the value of such investments has to be split in half in accordance with California’s community property laws.
There are multiple ways to achieve this end. You can sell certain assets so that their proceeds can be divided more evenly. One spouse can also opt to retain certain assets while the other spouse retains others that are valued at the same net rate. In the case of investments, it may even be possible to split a portfolio in ways that allow one spouse to retain certain assets and the other to retain additional assets.
Researching the legal steps that are involved in California community property asset division scenarios will better allow you to understand your rights and options under the law.
]]>On Behalf of John T. Chamberlin, Attorney at Lawhttps://www.johnchamberlinlaw.com/?p=481982022-12-29T16:30:34Z2022-12-29T16:30:34ZAgree to attend divorce mediation
There are several reasons why parents worried about financial circumstances and their children's experiences will want to attend mediation sessions together instead of litigating a divorce.
Perhaps the most important is that the two of you can reach an agreement where you have the same priorities regarding your children's education and enrichment activities. Additionally, you can potentially set your own terms for how much each parent will contribute to the children and how you will participate in their education and extracurricular activities.
Mediation can take a lot of the stress and conflict out of divorce, and it can also help you save money. Although that seems counterintuitive because you have to bring in another professional, it is frequently true. Couples that successfully mediate will need to pay for the services of the mediator and their lawyer's time during their mediation sessions.
However, those early efforts will drastically reduce how much time the couple will spend in family court. The less time you spend in court, the lower your total cost for the divorce will likely be. You can then invest those saved resources in your children's education. There are other ways in which mediation can help protect you financially, including minimizing how much time you miss work to go to court and eliminating some of the reputational damage that divorce litigation can sometimes cause.
Employing a less contentious approach when preparing for divorce can benefit the parents and the children in your family.]]>On Behalf of John T. Chamberlin, Attorney at Lawhttps://www.johnchamberlinlaw.com/?p=481962022-10-10T20:39:09Z2022-10-10T20:39:09ZYour primary residence, rented or not, is marital property
You and your spouse may not own the apartment, townhouse or single-family home where you live, but it’s still considered part of your marital estate or “property.” That means your rental belongs to you both.
If you and your spouse can agree on how to divide the marital property on your own, including who gets to keep the rental, that’s fine. If not, a judge will have to step in and decide what’s appropriate for the situation.
That means that they may award the lease to one party or the other – much in the same way that they can divide up other community property, like your furniture, your electronics, your vehicles and your financial accounts. If you hope to keep the rental after your divorce, it’s usually wise to stay put during the divorce, since judges tend to preserve the “status quo” at the time of any hearings.
However, one of the most important things that you have to keep in mind is that the judge can decide who gets to stay in the rental, but the judge does not have the power to alter your lease. That resides with your landlord.
Both you and your spouse are still legally obligated for the rent and care of the property until the lease either ends or your landlord agrees to change the rental agreement and take one party’s name off the lease entirely. While some landlords may be willing to do that fairly easily (once the divorce is final), others may not be so accommodating.
When you’re trying to protect your financial future and your property rights in a divorce, it definitely pays to have experienced legal guidance as you work through all the details.]]>On Behalf of John T. Chamberlin, Attorney at Lawhttps://www.johnchamberlinlaw.com/?p=481922022-08-13T02:03:56Z2022-08-13T02:03:56ZChildren are often the biggest complicating factor in modern divorces. Couples have to negotiate custody arrangements and support matters, which can take a lot more effort and careful consideration than basic property division matters. They will also remain in close contact for years, if not the rest of their lives.
If you do not have children and find yourself thinking about divorce, you will still have to deal with disputes with your ex. Although the disputes may be less intensely emotional because they primarily deal with property, it may be difficult for you to resolve those disagreements on your own. The two of you may be viable candidates for divorce mediation instead of litigation. Mediation brings in a neutral third party to help you and your spouse resolve your disagreements about the terms for the end of your marriage.
Why is mediation a popular tool for divorce?
Divorce mediation is an effective way to resolve any ongoing disagreements between spouses. Even those who have found themselves at a negotiation impasse can potentially reach a settlement with a little help. Perhaps you understand that you have to let your ex maintain possession of your marital home because they have a high enough income to qualify for a mortgage but you don't. However, the two of you disagree about the appropriate way to divide your home’s equity. A mediator might be the exact sort of help that you need to find a compromise that both of you can live with after your divorce. Mediation gives you and your ex control over the outcome of your divorce. The process is also confidential, unlike litigation. What you say in mediation remains private, not part of the public record. Mediation also helps you keep your total costs lower. While you do have to pay for the service, you will drastically reduce how much time you spend in court if your mediation session is successful – and that can make it very cost-effective.The privacy, reduced costs and improved control over the outcome provided by divorce mediation are all compelling reasons to consider this your solution in your upcoming divorce. Looking into alternative dispute resolution options like mediation can lead to a quicker, less expensive uncontested divorce, especially if you don't have children. ]]>