From the desk of Daniel R. Gold, Esq.

Daniel R. Gold Featured on the Divorce Mortgage Strategies Podcast

Mon, 23 Feb 2026 22:22:16 GMT

TLD Law Family Law Partner Daniel R. Gold was recently featured on the Divorce Mortgage Strategies Podcast , powered by the Divorce Lending Association .

In the episode, titled “ The Divorce Quarterback: Leading the Team That Guides Clients Through Divorce ,” Dan joins host Amy Valdivia, CDLP®, to discuss the importance of coordination and strategy in complex divorce matters. The conversation explores how successful outcomes often require collaboration among family law attorneys, mortgage professionals, and financial experts—particularly in cases involving substantial assets, real property, retirement accounts, and long-term support considerations.

Dan shares insight from decades of experience guiding clients through high-net-worth and gray divorces. He explains why approaching divorce as a team effort—where the attorney serves as a strategic leader coordinating financial, lending, and legal professionals—can help clients make informed, sustainable decisions during one of life’s most significant transitions.

Watch the full interview on YouTube:
https://www.youtube.com/watch?v=Mx7ruqT_IiU

About Daniel R. Gold

Daniel R. Gold is a partner at TLD Law and a California State Bar–certified Family Law Specialist. His practice focuses on complex divorce and family law matters, including high-net-worth divorces, division of business interests and real property, retirement asset division, and long-term support issues. Known for his strategic and detail-oriented approach, Dan works closely with clients to provide clarity and steady guidance through financially and emotionally complex situations.

Learn more about Daniel R. Gold:
https://tldlaw.com/our-people/daniel-gold/

About the Divorce Mortgage Strategies Podcast and the Divorce Lending Association

The Divorce Mortgage Strategies Podcast is produced by the Divorce Lending Association and is designed for family law professionals, financial specialists, and individuals navigating divorce. The podcast focuses on promoting divorce literacy, financial clarity, and cross-professional collaboration to support better outcomes in divorce cases.

Learn more about the podcast:
https://www.divorcelendingassociation.com/reports/divorce-literacy-podcast.cfm

Visit the Divorce Lending Association:
https://www.divorcelendingassociation.com/

Daniel R. Gold Releases Debut Book: The Divorce Quarterback

dgold@tldlaw.com — Tue, 22 Jul 2025 20:31:51 GMT

Daniel R. Gold, Certified Family Law Specialist, is proud to announce the release of his debut book, The Divorce Quarterback: A Lawyer’s Roadmap Through the California Family Law Jungle .

This comprehensive guide offers a strategic and compassionate approach to navigating the complexities of divorce in California.

In The Divorce Quarterback, Dan draws upon his extensive experience to provide readers with a clear, step-by-step roadmap through the California family law system. The book is designed to empower individuals by demystifying the legal process and offering practical guidance on issues such as asset division, retirement funds, pension plans, business sales, and long-term financial stability. A particular highlight is a chapter on “Gray Divorces,” where Dan addresses the unique challenges faced by seasoned couples, including healthcare directives and estate planning considerations.

The Divorce Quarterback is available for purchase on Amazon.

About Daniel R. Gold

With a legal career spanning over three decades, Daniel R. Gold specializes in family law, focusing on high-conflict and high-asset dissolution cases. His expertise encompasses custody disputes, complex asset divisions, domestic violence issues, and post-judgment matters. Dan is certified by the State Bar of California Board of Legal Specialization as a Family Law Specialist, a distinction that recognizes his extensive experience and knowledge in the field.

Throughout his career, Dan has been recognized for his excellence in family law:

Southern California Super Lawyers® , 2016–2025
The Best Lawyers in America® , Family Law, 2021–2025
Martindale-Hubbell AV Preeminent Rating
The National Advocates , Top 100 Lawyers, Matrimonial and Family Law Attorneys Southern California
Press-Telegram/Grunion Gazette Readers Choice Award , “BEST – Family Law,” 2022–2024

Dan is an active member of the Los Angeles and Orange County Bar Associations’ Family Law Sections, as well as the American Bar Association.

Do I Really Have to Fill This Out?

Mon, 03 Mar 2025 16:16:18 GMT

Financial disclosure is a critical component of the divorce process. Both spouses are required to provide complete and accurate information about their financial situation to ensure a fair division of assets, debts, and support arrangements. Understanding the requirements and importance of financial disclosure can help you navigate your divorce smoothly and avoid potential legal consequences.

My homework packet for new divorce clients contains blank disclosure foms and instructions on what is needed for us (always us) to move forward.

Why Is this “Disclosure stuff” Important?

Financial disclosure ensures transparency between divorcing spouses, allowing the court to make fair decisions regarding:

Property Division : Accurate disclosure ensures a fair distribution.
Spousal Support : Determining spousal support requires a clear understanding of each party's income, expenses, and financial needs.
Child Support : Accurate financial information is essential to calculate child support obligations based on California guidelines.

So How Does It Work?

1. Preliminary Declaration of Disclosure (PDD)

Early in the divorce process, both spouses must complete and exchange a Preliminary Declaration of Disclosure. THIS IS MANDATORY AND CANNOT BE WAIVED BY THE PARTIES This includes:

Income and Expense Declaration (Form FL-150) : A detailed report of income, expenses, and financial needs.

Schedule of Assets and Debts (Form FL-142) : A comprehensive list of all assets and liabilities, including community and separate property.

Declaration of Disclosure (Form FL-140) : A formal statement affirming that all required financial documents have been shared.

2. Final Declaration of Disclosure (FDD)

Before the divorce is finalized, both parties must exchange a Final Declaration of Disclosure. Unlike the PDD, the FDD may be mutually waived by the parties. The FDD updates any changes in financial circumstances and confirms the accuracy of earlier disclosures. FDDs should be waived with caution where the parties have complicated assets and financial issues.

3. Supporting Documentation

Financial disclosure forms must be accompanied by supporting documents such as pay stubs, tax returns, bank statements, and investment account summaries. These documents verify the accuracy of the information provided.

Things to Watch Out For

Hidden Assets

A spouse may attempt to hide assets or income to avoid sharing them. Identifying and reporting hidden assets may require assistance from a forensic accountant or legal professional.

Undervaluation of Assets

Misrepresenting the value of property, businesses, or investments can lead to unfair settlements. Proper appraisals and expert evaluations are crucial.

Incomplete Disclosure

F ailing to disclose all assets, debts, or financial obligations can lead to legal penalties and the reopening the matter to address the missing assets or information .

What's the Worse That Can Happen If I Don’t??

Under California law, spouses are legally obligated to provide full and accurate financial disclosures. Failing to do so can result in severe consequences, including:

Sanctions : The court may impose monetary fines or penalties for incomplete or inaccurate disclosures.
Award Adjustments : If hidden assets are discovered after the divorce is finalized, the court may award a greater share of the property to the other spouse.
Criminal Charges : Intentional concealment of assets or fraud can lead to criminal prosecution.

Tips for Accurate Financial Disclosure

Be Honest and Thorough

Disclose all income, assets, debts, and financial obligations, even if you believe they are insignificant or unrelated to the divorce.

Organize Your Records

Gather and organize all financial documents, including tax returns, bank statements, pay stubs, and property appraisals, before completing your forms.

Consult a Professional

Working with an seasoned family law counsel or , at a minimum financial professional who specializes in divorce scenarios can help you navigate the disclosure process and ensure compliance with California law.

Double-Check Your Forms

Review all forms and documentation for accuracy and completeness before submitting them to the court.

Conclusion

Financial disclosure is a vital step in ensuring fairness and transparency during a divorce. Accurate and complete disclosure helps protect your rights and facilitates equitable resolutions for property division, spousal support, and child support. For personalized guidance on financial disclosure and family law matters, contact me for expert assistance.

Contact me for expert guidance on financial disclosure and family law matters.

To learn more about my services, visit my services page .

Call: 949-756-0684

Email: dgold@tldlaw.com

Disclaimer

This information outlines a few of the concepts that surround financial disclosure in the State of California. It is not intended to be, nor should it be construed as legal advice for any particular situation. Please seek advice from TLD Law or your personal attorney in your state or jurisdiction.

Divorce is “taxing” in more ways than one

Mon, 10 Feb 2025 16:45:01 GMT

Divorce brings significant changes to your financial situation, and understanding the tax implications is crucial to avoid unexpected liabilities and maximize your financial health. From filing status to the division of assets, knowing how divorce impacts your taxes can help you plan effectively for your post-divorce life.

Changes in Filing Status

Your marital status as of December 31 determines your tax filing status for that year. After a divorce:

If you are legally divorced by the end of the year, you must file as single or, if you have dependents, as head of household .
If your divorce is not finalized by December 31, you may still file as married filing jointly or married filing separately for that tax year.

The head of household filing status often provides better tax benefits, including a higher standard deduction and lower tax rates, if you meet the eligibility criteria.

Alimony and Taxation

In case you were not aware, u nder the Tax Cuts and Jobs Act (TCJA) of 2017, the tax treatment of alimony (spousal support) changed:

For divorces finalized before January 1, 2019 : Alimony payments are tax-deductible for the payer and considered taxable income for the recipient.
For divorces finalized on or after January 1, 2019 : Alimony payments are no longer tax-deductible for the payer, nor are they considered taxable income for the recipient.

If you are modifying an existing alimony agreement (one intially made prior to 2019), the tax treatment depends on the terms of the modification and whether both parties agree to apply the TCJA rules.

Child Support and Tax Implications

Child support payments are not tax-deductible for the payer and are not considered taxable income for the recipient. There are other tax-related issues related to child support, however, and you should talk to CPA or seasoned family law counsel for more information. These are detailed elsewhere.

Division of Property and Tax Consequences

In California, community property laws dictate that marital assets and debts are divided equally. While the division itself is not taxable, certain transactions may trigger tax implications:

Retirement Accounts

Transferring funds from retirement accounts, such as 401(k)s or IRAs, typically requires a Qualified Domestic Relations Order (QDRO). If handled correctly, these transfers are tax-free. However, early withdrawals without a QDRO may result in penalties and taxes.

Capital Gains Taxes

If you sell jointly-owned property, such as a home or investments, you may owe capital gains taxes. Understanding the tax basis and the gain on the sale is crucial to avoid surprises.

Primary Residence Exclusion

You may exclude up to $250,000 of capital gains from the sale of your primary residence ($500,000 if filing jointly) if you meet ownership and use requirements. Post-divorce, only the spouse living in the home can claim this exclusion.

Tax Deductions for Dependents

As stated above, child support can raise tax-related issues. California’s guideline child support formula generally considers parents net income (after taxes)in determining what the base child support amount will be.

For example, c laiming dependents can significantly affect your tax return. Typically:

Only one parent can claim the child as a dependent per tax year.
The parent with primary physical custody usually claims the child, unless both parents agree otherwise in the divorce settlement.
The non-custodial parent may claim the child if the custodial parent signs IRS Form 8332, releasing their claim.

Claiming dependents may also impact eligibility for tax credits like the Child Tax Credit or the Earned Income Tax Credit (EITC) .

Of course all of these considerations may impact the child support calculation under the California guideline child support formula. Be careful!!

Other Considerations

Health Insurance

If you were covered under your ex-spouse’s employer-sponsored health plan, you might need to seek coverage through COBRA, your employer, or the healthcare marketplace. COBRA coverage allows you to remain on your ex-spouse's plan temporarily but may be costly.

Estate Planning and Taxes

Post-divorce, update your estate plan, including wills, trusts, and beneficiary designations, to reflect your new circumstances. Failing to do so could result in unintended tax liabilities or asset distribution.

Tax Withholding and Payments

Update your IRS Form W-4 with your employer to adjust your tax withholding. Changes in filing status, income, or dependents may affect how much tax is withheld from your paycheck.

Working with Professionals

Navigating the tax implications of divorce can be overwhelming. Consider working with:

Seasoned Family Law Counsel : To ensure your divorce settlement aligns with your financial and tax goals.
A Tax Advisor or CPA : To provide detailed guidance on your post-divorce tax strategy and help with filing.
A Financial Planner : To create a long-term plan for managing your finances and minimizing tax liabilities.

Conclusion

Divorce impacts every aspect of your financial life, including taxes. Understanding these tax considerations and working with professionals can help you avoid costly mistakes and secure your financial future. For personalized advice and assistance with post-divorce tax planning, contact me for expert guidance.

Contact me for expert guidance on tax considerations and family law matters.

To learn more about my services, visit my services page .

Call: 949-756-0684

Email: dgold@tldlaw.com

Disclaimer

This information outlines a few of the concepts that surround tax considerations post-divorce in the State of California. It is not intended to be, nor should it be construed as legal advice for any particular situation. Please seek advice from TLD Law or your personal attorney in your state or jurisdiction.

Is Parental Alienation “Real”?

Mon, 06 Jan 2025 22:47:31 GMT

There is considerable debate surrounding the concept known as “Parental Alienation”. It is important to know what it means and to be very careful about diagnosing any situation as “alienation” without consulting with both legal and mental health experts.

Parental alienation is defined as a scenario when one parent manipulates a child into rejecting or fearing the other parent, often during or after a divorce. This harmful behavior , if it exists, can not only damages the child's relationship with the alienated parent but can also have long-term psychological effects on the child. Properly r ecognizing and addressing parental alienation is essential for safeguarding both the child’s well-being and the rights of the alienated parent.

What is Parental Alienation?

Parental alienation syndrome ( PAS ) is a term introduced by child psychiatrist Richard Gardner in 1985 [ . As he defined it, it involves deliberate efforts by one parent to undermine the relationship between the child and the other parent. These behaviors may , in some cases, include:

Speaking negatively about the other parent in front of the child
Limiting contact between the child and the other parent
Manipulating the child to feel fear, anger, or resentment toward the other parent
False allegations of abuse or neglect

Parental alienation may escalate during contentious custody disputes and may significantly impact the court’s decisions regarding custody and visitation rights.

Signs of Parental Alienation in Children

Children who are victims of parental alienation may exhibit the following behaviors:

Unjustified Rejection : The child suddenly rejects one parent without any valid reason.
Excessive Criticism : The child adopts the alienating parent’s negative opinions of the other parent.
Lack of Ambivalence : The child views one parent as entirely good and the other as entirely bad, without recognizing nuances in their behavior.
Absence of Guilt : The child shows no remorse for treating the alienated parent poorly.
Borrowed Narratives : The child uses language or accusations that seem rehearsed or beyond their level of understanding.

Legal Implications of Parental Alienation

Parental alienation may significantly influence child custody cases. California courts prioritize the best interests of the child, which include maintaining a healthy and meaningful relationship with both parents. Demonstrating evidence of parental alienation can lead to adjustments in custody arrangements, such as:

Awarding more custody time to the alienated parent
Mandating therapy or counseling for the child
Imposing sanctions on the alienating parent

If You Suspect Parental Alienation…..

1. Document Incidents

Keep detailed records of instances of alienation, including text messages, emails, and any observable changes in your child’s behavior. This documentation can serve as evidence in court.

2. Maintain Contact with Your Child

Even if the alienating parent attempts to limit access, make every effort to stay connected with your child. Sending letters, messages, or making regular attempts to visit can demonstrate your commitment to the relationship.

3. Avoid Retaliation

Do not engage in similar alienating behaviors. Courts frown upon any behavior that harms the child’s relationship with either parent. Focus on building a positive and supportive environment for your child.

4. Seek Professional Help

Engage a therapist or counselor experienced in parental alienation to support your child and address the psychological harm caused by alienation.

5. Work with Legal Professionals

Seasoned family law counsel can help can help you navigate the legal system, gather evidence, and advocate for custody or visitation modifications to protect your relationship with your child.

How the Court May Respond to Parental Alienation

When it is found to exist, c ourts take parental alienation seriously . It has been shown in certain situations to harm the child’s emotional well-being. I n those situations , the court may:

Modify custody orders to limit the alienating parent’s influence
Mandate counseling or therapy for the child and parents
Impose supervised visitation for the alienating parent in extreme situations.
Hold the alienating parent in contempt of court if their actions violate custody orders

Conclusion

Parental alienation is a serious issue that can disrupt parent-child relationships and impact a child’s emotional health. Addressing this concern requires a combination of legal action, mental health support (both parent and child) , and a focus on rebuilding trust with your child.

Contact me for expert guidance on parental alienation and family law matters.

To learn more about my services, visit my services page .

Call: 949-756-0684

Email: dgold@tldlaw.com

Disclaimer

This information outlines a few of the concepts that surround parental alienation in the State of California. It is not intended to be, nor should it be construed as legal advice for any particular situation. Please seek advice from TLD Law or your personal attorney in your state or jurisdiction.

So aren't all Divorces “High Conflict”??

Wed, 18 Dec 2024 00:00:00 GMT

The answer is a qualified “no”. When a marriage ends there is always some degree of conflict, but the term “high conflict” divorce seems to be used a lot these days among both the family law bar, and “the bench.”

A high-conflict divorce brings additional emotional, legal, and financial difficulties. In my view, understanding effective strategies can help you navigate a high-conflict divorce while minimizing stress and protecting your rights.

What Is a High-Conflict Divorce?

A high-conflict divorce is characterized by frequent and intense disputes, often fueled by anger, resentment, or unresolved issues between the parties. B oth parties may find themselves unable or unwilling to compromise. These divorces may involve:

Constant arguments or refusals to cooperate
Accusations of abuse or neglect
Complex custody battles
Financial disputes or hidden assets

Strategies for Managing a High-Conflict Divorce

Focus on the Big Picture

It's easy to get caught up in minor disputes during a high-conflict divorce, but focusing on the bigger picture can help you make better decisions. Having a divorce “roadmap” can be an essential to getting ahead of the game.

Prioritize the most important outcomes, such as securing custody arrangements that benefit your children or ensuring a fair division of assets.

Establish Boundaries

Clear boundaries are essential when dealing with a high-conflict ex-partner. Limit communication to necessary topics like child custody schedules or legal matters and use neutral platforms such as email or parenting apps to minimize confrontations. In other articles and posts, I have touched on situations where domestic violence may become an unwelcome result. If you feel harassed or threatened take action.

Document Everything

In high-conflict cases, accurate documentation is crucial. Keep detailed records of:

Communication with your ex-spouse
Incidents involving the children
Financial transactions or disputes
Any instances of harassment or abuse

These records can be invaluable during court proceedings or mediation.

Work with Professional

High conflict divorces often require a team of professionals to ensure your case is handled effectively. Consider working with:

Seasoned Family Law Counsel : A skilled attorney can protect your rights and advocate for your interests in court.
A Mediator : Mediation can help resolve disputes amicably, even in high-conflict situations. NOTE: GET REFERRALS NOT ALL MEDIATORS ARE CREATED
A Therapist or Counselor : Emotional support from a mental health professional can help you cope with the stress of a high-conflict divorce. NOTE: YOUR THERAPIST IS NOT YOUR MEDIATOR

Keep Children’s Best Interests in Mind

Children are often caught in the middle of high-conflict divorces. Shield them from parental disputes and prioritize their emotional well-being. Maintain open communication with your children and consider involving a child psychologist if needed.

Avoid Escalation

Reacting emotionally or engaging in arguments with your ex-spouse can escalate conflicts. Instead, approach disputes calmly and focus on finding solutions. Avoid retaliatory actions, as they may negatively impact your case.

Utilize All Available Legal Options, including litigation, if necessary.

While resolving disputes outside of court is preferable, high conflict divorces sometimes require legal intervention. If mediation fails or the other party refuses to cooperate, filing motions and seeking court orders can provide necessary resolution and protection.

Protect Your Financial Interests

High-conflict divorces often involve financial disputes. Work with your attorney to uncover hidden assets, evaluate the marital property, and ensure that you receive a fair division of assets. Consider hiring a forensic accountant if financial complexities arise.

Custody Challenges in High-Conflict Cases

Custody battles in high-conflict divorces can be particularly challenging. The court’s primary concern is the best interests of the child. To strengthen your case:

Demonstrate a willingness to co-parent, even in difficult circumstances.
Provide evidence of a safe and stable home environment.
Avoid disparaging your ex-spouse in front of the children or the court.

Conclusion

High-conflict divorces require patience, strategy, and professional guidance to navigate successfully. By focusing on the big picture, documenting interactions, and working with experienced professionals, you can protect your rights and achieve the best possible outcome. For personalized advice and assistance with high-conflict divorces, ALWAYS consult seasoned family law counsel.

To learn more about my services, visit my services page .

Call: 949-756-0684

Email: dgold@tldlaw.com

Disclaimer

This information outlines a few of the concepts that surround high-conflict divorce strategies in the State of California. It is not intended to be, nor should it be construed as legal advice for any particular situation. Please seek advice from TLD Law or your personal attorney in your state or jurisdiction.

Can I get an Annulment?

Wed, 13 Nov 2024 18:08:43 GMT

This question comes up in my practice every once in and while; particularly when someone comes in to consult on ending a relatively short marriage. While it is not common, I think it is important to lay out what an annulment is to address some misconceptions that have arisen.

What is an Annulment?

An annulment is a legal decree that a marriage is null and void, as if it never legally existed. Unlike a divorce, which ends a valid marriage, an annulment asserts that the marriage was never legally valid to begin with an . A judgement of “nullity”, however, is only available under specific circumstances and is often harder to obtain than a divorce. Understanding these circumstances can help individuals determine whether an annulment is the right path or whether a person is better suited for a “traditional” divorce .

A “Throwback” to pre-No Fault DIvorce?

I have come to the conclusion that peoples’ fascination with annulments is because it permits someone to think they can have a “do over” and avoid consequences for choices they make in marrying someone who was not a good fit; e.g.“I found out he/she was not the person they professed to be” . How many times have I heard that?? Too many to count. That does not stop people from looking for the “other person” to blame.

Be mindful that there are several specific grounds for annulment. Each has specific requirements and conditions that must be proven to the court by a preponderance of the evidence :

Fraud: If one spouse deceived the other about something essential to the marriage, this could qualify as fraud. Common examples include misrepresenting the desire to have children, concealing significant financial issues, or hiding a prior marriage. This the grounds that people most seek to base their annulment claim on and the one that is probably, in my opinion, the hardest to prove. Fraud must go to the heart of the marriage; otherwise, it may not qualify as grounds for annulment.
Bigamy: A marriage is not legally valid if one spouse was already married to someone else when the union took place. Bigamy is illegal, and the court will grant an annulment if evidence of a prior marriage is provided.
Underage Marriage: California law requires individuals to be at least 18 years old to marry without parental consent. If a marriage took place when one or both parties were underage and did not have parental consent, it may be eligible for annulment.
Incest: Marriages between close blood relatives (such as siblings or parent-child) are prohibited by law. If a couple is closely related, the marriage is automatically void and qualifies for annulment.
Mental Incapacity: If one or both spouses were mentally incapacitated or impaired (for example, under the influence of drugs or alcohol) at the time of the marriage, they may not have had the capacity to consent to the union. Mental incapacity can serve as grounds for annulment.
Force: If one spouse was coerced or forced into the marriage under threat or duress, the marriage is not considered consensual. This can provide grounds for annulment.
Physical Incapacity: If one spouse is physically incapable of consummating the marriage (for instance, due to an undisclosed medical condition) and this incapacity is incurable, the marriage may be annulled. The incapacity must be present at the time of the marriage and must impact the marriage’s validity.

How do I file for an annulment?

File a Petition: The annulment process begins by filing a Petition for Annulment with the family law court. This document outlines the grounds for annulment and requests a court hearing.
Serve the Other Party: Once the petition is filed, the other spouse must be formally served with a copy of the petition. They have the right to respond and contest the annulment if they choose.

Here are the steps:

Attend a Court Hearing: During the court hearing, both parties can present your evidence and arguments. The judge will review the case and determine whether the grounds for annulment are valid.
Receive the Annulment Order: If the court grants the annulment, a formal order will be issued, legally nullifying the marriage. The annulment retroactively erases the marriage, as if it never existed.

Limitations and Timeframes

Unlike divorce, annulments have specific time limitations for certain grounds:

Fraud : Must be filed within four years of discovering the fraud.
Force : Must be filed within four years of the marriage.
Underage Marriage : Must be filed by the underage spouse within four years of reaching legal age.

Other grounds, such as bigamy or incest, may not have time limitations.

Conclusion

Understanding the legal criteria for annulment is essential for those seeking to void their marriage under California law. While a n annulment may provide a “do over” , it requires meeting specific grounds and providing evidence to support the case . A traditional “divorce” may be a more straightforward option even if you think you may have the required grounds.

If you are considering an annulment and need guidance, contact seasoned family law counsel .

Contact me for expert guidance on annulments and family law matters.

To learn more about my services, visit my services page .

Call: 949-756-0684

Email: dgold@tldlaw.com

Disclaimer

This information outlines a few of the concepts that surround annulments in the State of California. It is not intended to be, nor should it be construed as legal advice for any particular situation. Please seek advice from TLD Law or your personal attorney in your state or jurisdiction.

“Put It All On The Table”

Mon, 04 Nov 2024 15:01:19 GMT

Property division is one of the most critical aspects of divorce. In California, property acquired during the marriage is generally presumed to be considered community property with the exceptions noted below. This simply means it’s owned equally by both spouses. Understanding some basic concepts c an help you navigate this process and achieve a fair outcome.

The very first step is to identify all property. Put it “all on the table”. Don’t get caught up whether its community or separate.

Commonly Divided Assets

Here are some of the assets typically subject to division in a California divorce:

Real Estate : Homes, rental properties, and vacation homes purchased during the marriage are generally considered community property.
Vehicles : Any cars, boats, or recreational vehicles acquired during the marriage are divided equally.
Retirement Accounts : Pensions, 401(k) accounts, and IRAs accumulated during the marriage are considered community property.
Investments : Stocks, bonds, and mutual funds bought during the marriage are also divided equally.
Business Interests : If a business was started or developed during the marriage, it may be considered community property, even if one spouse was primarily involved.

The next step is to “characterize” the property as either community property or separate property:

Community Property: Community property includes assets and debts acquired during the marriage, regardless of who earned or purchased them. Examples include salaries, real estate, and even debts like credit card balances if accrued during the marriage. Community property is generally divided equally between spouses in a divorce.
Separate Property: Separate property refers to assets and debts acquired before the marriage or after separation. It also includes gifts and inheritances received by one spouse alone. Separate property is not subject to division in a divorce and remains with the original owner.

Determining Property Value

A critical step to resolving a divorce is to value the property.

To achieve a n equal division, each asset must be accurately valued. In the absence of the parties agreement on values, the c ommon methods for determining the value include appraisals for real estate, market value assessments for vehicles, and financial statements for investment accounts. Proper valuation ensures each party receives their fair share.

Debts and Liabilities

Just as assets are divided, so are debts. This includes credit card balances, mortgages, and loans acquired during the marriage. Each spouse is responsible for half of the community debt, regardless of who originally incurred it. Separate debts, such as those accumulated before the marriage, or after separation remain with the original debtor , with certain exceptions for .

Division Process

Here are the steps to property division (including debts)

Identify and Classify Assets and Debts: First, each asset and debt is identified and categorized as either community or separate property.
Value the Community Property: The next step involves valuing all community property. This step ensures an equal division based on the total value of shared assets and debts.
Divide the Property Equally: Once valued, the community property is divided equally between spouses. If it’s impractical to split an asset physically, such as a house, one spouse may receive the asset while the other receives assets of comparable value or a buyout.
Negotiate a Settlement or Go to Trial: If both parties agree on the division terms, they can settle without going to court. If there is a dispute, a judge will make the final decision based on California’s community property laws.

Factors That Can Affect Property Division

Prenuptial or Postnuptial Agreements: If there is a prenuptial or postnuptial agreement in place, it may specify how property should be divided, potentially overriding community property rules.
Commingling of Assets: When separate and community assets are mixed, such as using separate funds to make mortgage payments on a jointly-owned home, it can complicate the division process. Courts will trace contributions to the payment source to determine what portion is community or separate property.
Business Valuation: If one spouse owns a business, it’s essential to conduct a thorough valuation. This ensures a fair division and accounts for the business’s growth during the marriage.
Hidden Assets: If one spouse is hiding assets, it can impact the division process. Disclosing all assets is legally required, and failure to do so can result in legal consequences.
Tax Consequences: “Immediate and specific” tax consequences to the parties may impact how assets and debts are allocated when all is said and done.

Conclusion

Property division in divorce can be complex, especially in a community property state like California. Do not undertake finalizing any property settlement without seeking advice from seasoned family law counsel

Contact me for expert guidance on property division and family law matters.

To learn more about my services, visit my services page .

Call: 949-756-0684

Email: dgold@tldlaw.com

Disclaimer

This information outlines a few of the concepts that surround property division in divorce in the State of California. It is not intended to be, nor should it be construed as legal advice for any particular situation. Please seek advice from TLD Law or your personal attorney in your state or jurisdiction.

How do you get to go to the “Hague Convention”?

Wed, 23 Oct 2024 17:07:10 GMT

Before I answer this question, I want to state a very general concept. Namely that, i nternational child custody disputes can be particularly complex . They involv e multiple legal systems and international treaties.

If you are dealing with an international child custody case, understanding your rights and the legal process is essential to protecting your child's well-being.

When can these situations arise??

International child custody cases arise when parents live in different countries or when one parent wishes to relocate internationally with the child. These cases often involve intricate legal issues and require navigating both domestic and international laws.

What are the key takeaways??

1. What is The Hague Convention ?

The Hague Convention is not somewhere with fancy hotels, seminars and nightly “networking” Its formal name is “The Hague Convention on the Civil Aspects of International Child Abduction” What it is, is a multilateral treaty that many countries, including the United States, have signed. It aims to protect children from international abduction by a parent and ensures their prompt return to their habitual residence. While many countries are signatories NOT ALL OF THEM ARE.

- Key Points of the Hague Convention:

It applies to children under 16 years old.

It helps determine the appropriate jurisdiction for custody disputes.

It emphasizes the child's prompt return to their country of habitual residence.

2. Jurisdiction

Determining which country has jurisdiction over the custody case is often the first step. This is typically the child's country of habitual residence. Courts will consider factors such as the child's primary home, school, and social ties.

3. Best Interests of the Child

As with all custody cases, the child's best interests are paramount. Courts will evaluate various factors, including the child's age, health, emotional ties to each parent, and the stability of each parent's home environment. BUT don't get confused. The primary, if not sole, focus of the Hague Convention is NOT to determine which parent will have primary physical custody

but to determine WHERE that issue, if disputed, will be resolved. As a practical matter, of course, that determination may very well impact what happens on the underlying issue of physical custody.

I have handled Hague Convention disputes in the past. Because of their impact, they require specialized legal expertise, and the ability to get a hold of counsel in the other country at issue quickly to get a handle on how things work in the other jurisdiction. It's crucial to work with an attorney experienced in both domestic family law and international legal issues to navigate the complexities of your case effectively.

Grandparent Visitation “May” Be Simpler OptionGrandparent Visitation “May” Be Simpler Option

1. Seek Immediate Legal Advice

Consult seasoned family law counsel immediately if you are involved in an international custody dispute. Timely legal advice can help you understand your rights and the legal process.

2. File a Petition Under the Hague Convention

If your child has been wrongfully removed to or retained in another country, you can file a petition under the Hague Convention for their return.

3. Gather Evidence
Collect all relevant documents and evidence, including proof of the child's habitual residence, custody orders, and any communication with the other parent regarding the child's relocation or retention.

4. Understand the Legal Process in Both Countries

International custody cases often require navigating the legal systems of both countries involved. Understanding the legal requirements and processes in each jurisdiction is crucial for a successful outcome.

Conclusion

International child custody disputes are challenging and require a thorough understanding of both domestic and international laws. Protecting your child's well-being and ensuring their prompt return or custody arrangement requires experienced legal guidance. For personalized advice and assistance with international child custody cases, contact me for expert guidance.

Contact me for expert guidance on international child custody and family law matters.

To learn more about my services, visit my services page .

Call: 949-756-0684

Email: dgold@tldlaw.com

Disclaimer

This information outlines a few of the concepts that surround international child custody issues in the State of California. It is not intended to be, nor should it be construed as legal advice for any particular situation. Please seek advice from TLD Law or your personal attorney in your state or jurisdiction.

Understanding Grandparents' Rights

Mon, 07 Oct 2024 13:02:24 GMT

It is without mention that grandparents can play a vital role in the lives of their grandchildren, especially when family circumstances such as divorce, death, or separation arise. The US Supreme court in the case Troxel v. Glanville, has held that parents hold the primary rights to their children. In California, there is a constitutionally accepted framework for grandparents to seek custody or visitation in certain situations. Understanding the legal framework surrounding grandparents' rights is critical to avoid mistakes or buying the promises of lawyers who promise more than they are able to deliver.

Can Grandparents Seek Custody?

Yes, grandparents may seek custody of their grandchildren under certain conditions. C ourts , h owever, are generally hesitant to remove children from their parents unless there is a compelling reason to do so. Grandparents must prove that living with the parents would be detrimental to the child and that placing the child in the grandparents’ care would serve the child’s best interests.

What are those “certain conditions”?

Grandparents may seek custody if they can demonstrate that the parents are unable or unfit to care for the child. Common grounds for seeking custody include:

Parental Abuse or Neglect : If a child is experiencing abuse, neglect, or unsafe living conditions, grandparents may petition for custody to ensure the child's safety.
Parental Incarceration : If one or both parents are incarcerated, grandparents may seek custody to provide stability and care for the child.
Substance Abuse : When a parent struggles with substance abuse, grandparents may argue that the child’s welfare is at risk and seek custody to offer a safe environment.
Mental Illness : If a parent is suffering from severe mental health issues that prevent them from providing adequate care, grandparents may seek custody to ensure the child’s needs are met.
Parental Death : In cases where one or both parents have passed away, grandparents can seek custody to maintain family continuity and care for the child.

Grandparent Visitation “May” Be Simpler Option

Even if grandparents do not seek full custody, they can request visitation rights.

California law allows grandparents to petition for visitation if:

The grandparent has a pre-existing, close relationship with the child, creating a bond that is in the child's best interests.
The visitation request does not interfere with the parents' rights to make decisions for the child.

When granting visitation rights, the court is mandated to balance the parents' rights with the child's best interests. Courts will not interfere with the parents’ decisions unless doing so would harm the child’s well-being. If two fit parents object, it’s an uphill battle.

How to Petition for Grandparent Custody or Visitation

File a Petition : Grandparents must file a petition for custody or visitation in the family court. This petition should outline the reasons for seeking custody or visitation, emphasizing the child’s best interests.
Notify the Parents : The parents must be formally notified of the petition and given an opportunity to respond. This ensures that both sides are heard before any decisions are made.
Court Investigation : The court may order an investigation to assess the child's current living situation and the grandparents' suitability for custody or visitation.
Court Hearing : If the matter cannot be resolved via settlement outside of court. there will be a court hearing. During the hearing, the judge will review evidence and hear testimony from both parties before deciding on custody or visitation. The judge will focus on the child's best interests and the parents' rights.

Things to Consider Before You Take The 1st Step

Best Interests of the Child : In any custody or visitation case, the court’s primary focus is the best interests of the child. Grandparents must demonstrate that their involvement is beneficial to the child’s emotional and physical well-being.
Parental Objections : If the parents object to the grandparents' request for custody or visitation, the court will carefully weigh these objections. Parental rights are constitutionally protected, so grandparents must provide compelling evidence for their case.
Legal Representation : Navigating a custody or visitation dispute can be complex, especially for grandparents. Seeking legal advice from seasoned family law counsel can help you understand your rights and present a strong case.

Conclusion

Grandparents can seek custody or visitation in California, but the process is not straightforward. Courts prioritize the child’s best interests while balancing parental rights, so proving that grandparents’ involvement is necessary requires careful legal navigation. For personalized advice and assistance with grandparents’ rights, contact me for expert guidance.

Contact me for expert guidance on grandparents' custody and family law matters.

To learn more about my services, visit my services page .

Call: 949-756-0684

Email: dgold@tldlaw.com

Disclaimer

This information outlines a few of the concepts that surround grandparents’ rights in the State of California. It is not intended to be, nor should it be construed as legal advice for any particular situation. Please seek advice from TLD Law or your personal attorney in your state or jurisdiction.

Parentage Cases

Mon, 23 Sep 2024 16:27:03 GMT

A considerable number of matters I have handled in my practice involve unmarried couples who have one or more children together. The situations are diverse; some have lived as intact families for many years. Others are short-term relationships that resulted in a pregnancy. Each situation presents unique challenges.

Navigating child custody can be challenging, especially for unmarried parents. Understanding your legal rights and options is crucial to ensuring the best outcome for your child. As with married couples , custody rights for unmarried parents are addressed with the same focus on the child's best interests as in cases involving married parents.

California has adopted the Uniform Parentage Act. It is important that you seek the guidance of seasoned counsel who are familiar with the procedures set forth in California law. Here's what you need to know about custody rights for unmarried parents.

Establishing Paternity

Before an unmarried father can seek custody or visitation rights, paternity must be established.

This can be done in several ways:

Voluntary Declaration of Paternity : Both parents can sign a Voluntary Declaration of Paternity form, which legally establishes the father’s parental rights and responsibilities.
Court Order : If paternity is in question or disputed, either parent can request a court order for a paternity test. This legal process involves DNA testing to confirm the father's biological relationship to the child.

Custody and Visitation Rights

Once paternity is established, unmarried parents have the same rights and responsibilities regarding custody and visitation as married parents. The court considers the best interests of the child when making custody determinations, which include:

Legal Custody : This refers to the right to make important decisions about the child's life, including education, healthcare, and welfare. Legal custody can be joint (shared by both parents) or sole (held by one parent).
Physical Custody : This determines with whom the child will live. Joint physical custody means the child spends significant time with both parents, while sole physical custody means the child primarily lives with one parent.

Factors the Court Considers

When deciding custody and visitation arrangements, the court evaluates several factors to determine what is in the best interests of the child:

Child’s Health and Safety : Ensuring the child’s physical and emotional well-being is paramount.
Parent-Child Relationship : The court examines the strength and quality of the child's relationship with each parent.
Stability and Continuity : The court prefers arrangements that provide stability and continuity in the child’s life.
Parental Ability : Each parent's ability to care for and provide for the child is assessed.
Co-Parenting Ability : The willingness and ability of each parent to cooperate and co-parent effectively are considered.
Child’s Preference : If the child is of sufficient age and maturity, the court may consider their preference.

Seeking Custody and Visitation Rights

Unmarried parents seeking custody or visitation rights should follow these basic steps:

File a Petition : Submit a petition to the family court requesting custody or visitation rights. This legal document outlines your request and reasons for seeking custody or visitation.
Parents may also seek temporary orders while the Petition is pending via a Request for Order.
Attend Mediation : In California, parents are always required to attend mediation in an effort to resolve custody disputes amicably. A neutral mediator helps parents reach a mutually acceptable agreement.
Court Hearing : If mediation is unsuccessful, the parties will proceed to a court hearing . Both parents can present evidence to support their position , and the judge will make a custody determination based on the child's best interests.

Modifying Custody Orders

Custody orders can be modified if there is a significant change in circumstances, such as a change in employment, relocation, or the child's needs. Either parent can request a modification by filing a motion with the court.

Conclusion

Navigating custody rights as an unmarried parent can be complex, but understanding your legal options and focusing on your child's best interests is essential. .

Contact me for expert guidance on custody rights and family law matters.

To learn more about my services, visit my services page .

Call: 949-756-0684

Email: dgold@tldlaw.com

Disclaimer

This information outlines a few of the concepts that surround custody rights for unmarried parents in the State of California. It is not intended to be, nor should it be construed as legal advice for any particular situation. Please seek advice from TLD Law or your personal attorney in your state or jurisdiction.

Navigating Same-Sex Marriage

Tue, 03 Sep 2024 11:47:04 GMT

It is striking how far things have some since I was sworn in as an attorney in 1993.

I remember the “dawn” of domestic partnerships in California and its evolution to becoming something akin to marriage “lite”; when many other states, and the Federal government did not choose to give legal recognition to same sex relationships.

How far things have come since those early days.

Federal and State Recognition

Since the landmark Supreme Court ruling in Obergefell v. Hodges in 2015, ( holding that t he right to marry is a fundamental right inherent in the liberty of the person and guaranteed to same-sex couples under the Due Process and E qual Prtoc Clauses of the 14th Amendment ) same-sex marriage has been legally recognized nationwide. State s must now recognize same-sex marriages performed in other states.

This means that same-sex marriages performed in California are valid across the United States and vice versa.

Domestic Partnerships

In California, same-sex , and some heterosexual couples still have the option to enter into a domestic partnership . While domestic partnerships offer many of the same rights and responsibilities as marriage, there are differences, particularly concerning federal benefits. It is important to understand these distinctions and choose the arrangement that best suits your needs.

Key Legal Concerns for Same-Sex Couples

1. Parental Rights

Parental rights can be a complex issue for same-sex couples, especially if only one partner is the biological parent. It is essential to establish legal parentage to protect both parents' rights. This can be done through a variety of potential options:

Adoption : The non-biological parent can adopt the child to establish legal parentage.
Second-Parent Adoption : This process allows a same-sex partner to adopt their partner's biological or adoptive child without terminating the first parent's legal status.

There is a sub-specialty in family law of attorneys who handle surrogacy issues, which can be a resource for same sex couples.

2. Property and Asset Division

Like opposite-sex couples, same-sex couples must navigate the division of property and assets in the event of a divorce or separation. California's community property laws apply, meaning that assets and debts acquired during the marriage are typically divided equally. Prenuptial or postnuptial agreements can provide additional protection and clarity.

3. Estate Planning

Estate planning is crucial for same-sex couples to ensure their wishes are respected and their loved ones are provided for. Key considerations include:

Wills and Trusts : Clearly outline how assets should be distributed upon death.
Durable Powers of Attorney : Designate a trusted individual to make financial and medical decisions if you become incapacitated.
Beneficiary Designations : Ensure that your partner is listed as a beneficiary on life insurance policies, retirement accounts, and other financial instruments.

4. Healthcare and Medical Decisions

Same-sex couples should take steps to protect their rights concerning healthcare and medical decisions. This includes:

Healthcare Directives : Establishing a healthcare directive or living will that specifies your wishes regarding medical treatment.
Medical Power of Attorney : Designating your partner as your medical power of attorney to make healthcare decisions on your behalf if you are unable to do so.

5. Legal Discrimination

Despite legal recognition, same-sex couples may still face discrimination in various areas, including employment, housing, and public accommodations. Understanding your rights and seeking legal recourse if you encounter discrimination is essential.

Conclusion

Navigating the legal landscape as a same-sex couple requires understanding your rights and taking proactive steps to protect your interests. Whether you are considering marriage, adoption, or estate planning, seeking experienced legal guidance can help you address potential concerns and ensure a secure future. For personalized advice and assistance, contact seasoned family law counsel for expert guidance on same-sex marriage legal concerns.

Contact me for expert guidance on same-sex marriage legal concerns and family law matters.

To learn more about my services, visit my services page .

Call: 949-756-0684

Email: dgold@tldlaw.com

Disclaimer

This information outlines a few of the concepts that surround same-sex marriage legal concerns in the State of California. It is not intended to be, nor should it be construed as legal advice for any particular situation. Please seek advice from TLD Law or your personal attorney in your state or jurisdiction.

“Aren’t we married under common law?”

Wed, 21 Aug 2024 15:55:11 GMT

In California, THERE IS NO “COMMON LAW MARRIAGE”! There I got that out of the way.

I meet many people who have been in long-term relationships, and live together, but have opted, for a variety of reasons not to get married. Many, if not all, have come to believe that if they cohabit long enough, they will have a common law marriage. They are slightly misinformed.

My answer/statement above, is admittedly, a bit simplistic. It is true that some states do recognize “common law” marriage. It is also true that California will recognize the validity of common law marriages if they “are valid under the law of the jurisdiction (state or country) where contracted”. For example, if you have a “common law” marriage in Iowa (which allows residents to be considered “married” after a certain time), California will recognize it.

In California, we use the term “cohabitation” fka “living in sin”. Cohabitation is becoming increasingly common. M any cohabitating couples , as my example above notes, are unaware of the legal implications of their living arrangements. Understanding cohabitation issues is crucial to protect your rights and interests.

What is Cohabitation?

Cohabitation in its current vernacular refers to a couple living together in a long-term relationship that resembles a marriage , but without the formalities of a legal marriage. While cohabitation can offer flexibility and convenience, it also presents unique legal challenges, especially when it comes to property, finances, and custody issues.

Legal Implications of Cohabitation

Unlike married couples, cohabitating partners do not have the same legal rights and protections under California law. Here are some key areas where cohabitation and marriage differ:

Property Rights

In California, community property laws apply to married couples, meaning that property acquired during the marriage is considered jointly owned. However, for cohabitating couples, each partner retains ownership of property acquired individually unless there is a n agreement stating otherwise.

Financial Responsibilities

Cohabitating partners are not legally obligated to support each other financially, unlike spouses. This means that in the event of a breakup, there is no legal requirement for one partner to provide financial support to the other, unless there is an agreement in place. That agreement must demonstrate the parties had some sort of understanding that they were “pooling” resources and chose to live together as a direct reliance on that agreement. These have been referred to commonly as “Marvin” rights in reference to a famous California Supreme Court case in this area.

Custody and Child Support

If cohabitating partners have children, they have the same parental rights and responsibilities as married parents. Both parents are obligated to support their children, and custody and visitation arrangements are determined based on the child's best interests. Some of that will be covered in a subsequent post.

Creating a Cohabitation Agreement

To protect your rights and clarify financial and property arrangements, you should consider creating and executing a cohabitation agreement before the moving truck shows up. This legal document outlines each partner's rights and responsibilities, similar to a prenuptial agreement for married couples. It also firmly declares, if the parties wish, that neither party will have “Marvin” rights

Key Components of a Cohabitation Agreement

Property Division : Specify how property and assets will be divided in the event of a breakup.
Financial Contributions : Outline each partner's financial responsibilities, including rent, mortgage, utilities, and other expenses.
Debt Management : Detail how debts will be managed and who will be responsible for specific debts.
Support Agreements : Include provisions for financial support if one partner is financially dependent on the other and/or confirm neither party has or will have financial obligations to the other if the relationship ends.
Custody and Support : If you have children, outline custody and support arrangements to ensure the child's best interests are prioritized.

Steps to Take if You’re Cohabiting

Consult a Lawyer : Working with a family law attorney can help you understand your rights and ensure that your cohabitation agreement is legally sound and enforceable.
Document Your Agreement : Put your cohabitation agreement in writing and ensure both parties sign it. Keep copies for your records.
Update Your Agreement : As your relationship and circumstances change, update your cohabitation agreement to reflect new realities.
Consider Estate Planning : Cohabitating couples should also consider estate planning to ensure that their wishes are respected in the event of death or incapacity.

Conclusion

Understanding the legal implications of cohabitation and creating a cohabitation agreement can provide clarity and protection for both partners. If you’re living with your partner and want to safeguard your rights and interests, contact me for personalized advice and assistance.

Contact me for expert guidance on cohabitation issues and family law matters.

To learn more about my services, visit my services page .

Call: 949-756-0684

Email: dgold@tldlaw.com

Disclaimer

This information outlines a few of the concepts that surround cohabitation issues in the State of California. It is not intended to be, nor should it be construed as legal advice for any particular situation. Please seek advice from TLD Law or your personal attorney in your state or jurisdiction.

Legal Separation vs. Divorce

Wed, 07 Aug 2024 16:16:46 GMT

“What is the difference between legal separation and divorce?” Well, thank you for asking!!

Both options have differences and implications. Understanding these differences can help you make an informed decision that works for you.

What is Legal Separation?

Legal separation allows couples to live apart and make formal arrangements regarding property, finances, and child custody without ending the marriage. It's an alternative for those who may not want to divorce due to personal, religious, or financial reasons. I have always explained it as “It looks like “divorce” but isn’t.”

Here are the key points you should know:

Marital Status : Legally separated couples remain married . They CANNOT remarry unless they obtain a divorce.
Financial Arrangements : Legal separation includes decisions about spousal support, child support, and division of assets and debts, similar to divorce.
Health Insurance : A key benefit (more important prior to ACA aka “Obama care”) Couples can maintain their health insurance benefits, as legal separation does not terminate marital status.
Reconciliation Possibility : Since the marriage is not legally ended, there is a possibility for reconciliation without needing to remarry.
Tax Benefits : Legally separated couples may still file joint tax returns, potentially benefiting from certain tax advantages.

What is Divorce?

Divorce, also known as dissolution of marriage, legally ends the marriage. This process involves dividing marital assets and debts, determining child custody arrangements, and establishing spousal and child support. Here are the key points:

Marital Status : Divorce legally ends the marriage, allowing both parties to remarry in the future.
Asset and Debt Division : Marital property and debts are divided according to California's community property laws, which typically split assets and liabilities equally.
Spousal and Child Support : Divorce proceedings determine the amount and duration of spousal and child support based on various factors, including income, standard of living, and the needs of the child.
Finality : Divorce provides a final resolution to marital issues, legally separating the parties' lives and financial responsibilities.

“So which do I choose?” Here are some factors to consider

Emotional Readiness : If you are not emotionally ready to end the marriage, legal separation might be a more suitable option. But note that you may have to file a separate Petition to dissolve the marriage and marry someone else in the future.
Religious Beliefs : Some individuals choose legal separation due to religious beliefs that prohibit or discourage divorce. In my experience, this the least frequest reason that people may opt for legal separation.
Financial Considerations : Consider how legal separation or divorce will impact your financial situation, including tax implications, health insurance, and retirement benefits.
Future Intentions : If you plan to remarry, divorce is necessary. However, if reconciliation is a possibility, legal separation allows for that without additional legal steps.
Children’s Welfare : Assess how each option will affect your children, including custody arrangements and emotional stability.
Need For Immediate/Emergency Relief: Those fleeing an abusive situation, may see this as a viable option because there is no residency requirement in the county to grant a legal separation.
No Waiting Period: There is no six month cooling off period with a legal separation so people can obtain a Judgment of Legal Separation shortly after they file their Stipulated Judgment with the Court.

Conclusion

Choosing between legal separation and divorce is a significant decision that requires careful consideration of your personal, emotional, and financial circumstances. Understanding the differences and implications of each option can help you make an informed choice that best suits your needs. For personalized advice and assistance, contact me for expert guidance.

Contact me for expert guidance on legal separation and divorce matters.

To learn more about my services, visit my services page .

Call: 949-756-0684

Email: dgold@tldlaw.com

Disclaimer

This information outlines a few of the concepts that surround legal separation and divorce in the State of California. It is not intended to be, nor should it be construed as legal advice for any particular situation. Please seek advice from TLD Law or your personal attorney in your state or jurisdiction.

Oh No….I dont have a Prenup??? What do I do now??

Wed, 17 Jul 2024 16:27:43 GMT

There are instances when people, who should have had prenuptial agreements, wait too long to pull the trigger on getting one.

Is there an option to get an agreement after I say, “I do”?? My answer is “yes” but heed my advice before you suggest this on your honeymoon.

Let's start with square one...

What is a Postnuptial Agreement?

Postnuptial agreements, similar to prenuptial agreements, are legal contracts between spouses that outline the division of assets, debts, and financial responsibilities in the event of a separation or divorce. The key difference is that postnuptial agreements are created after the marriage has already taken place. IT CAN ALSO SERVE AS A FOUNDATION FOR ESTATE PLANNING IN SECOND MARRIAGES WHERE BOTH PARTIES ALREADY HAVE CHILDREN.

Understanding the key facts about postnuptial agreements can help couples make informed decisions to protect their financial interests and strengthen their relationship.

Key Facts About Postnuptial Agreements

1. Legal Validity

For a postnuptial agreement to be legally valid in California, it must be in writing, voluntarily signed by both parties, and based on full disclosure of assets and liabilities. One key difffernce with prenups is that once parties are married, they are held to a higher fiduciary standard in dealing with each other. When you are held to a fiduciary standard, you have a legal duty to act in the best interests of another person. Think of it like this: if someone is your fiduciary, they must prioritize your needs and interests above their own. Essentially, it's about ensuring loyalty and care in the relationship where one person has a significant level of trust in the other.

Because of this higher standard, b oth spouses should have independent legal representation to ensure the agreement is fair and enforceable.

2. Protection of Individual Assets

Postnuptial agreements like prenuptials agreements are a way to opt out of the community property law. The Agreement can protect individual assets acquired before and during the marriage . This is particularly important if one or both spouses have significant assets, such as property, businesses, or investments, that they wish to keep separate.

3. Debt Management

A postnuptial agreement can outline responsibility for existing and future debts. This can protect one spouse from being held liable for the other's debts, ensuring financial stability for both parties.

4. Clarification of Financial Responsibilities

The agreement can specify each spouse's financial responsibilities during the marriage, including the handling of joint accounts, savings, investments, and expenses. This clarity can help prevent future conflicts and misunderstandings.

5. Spousal Support

Postnuptial agreements can establish terms for spousal support, including the amount and duration of payments, in case of separation or divorce. This provides financial predictability and security for both parties.

6. Changes in Circumstances

Postnuptial agreements can be particularly useful if there are significant changes in circumstances, such as a substantial increase in income, inheritance, or changes in career. The agreement can be updated to reflect these changes and ensure fair treatment.

7. Impact on Estate Planning

As stated above, A postnuptial agreement can complement estate planning by clarifying the distribution of assets and ensuring that the couple's wishes are respected. This can help prevent disputes among heirs and provide peace of mind.

8. Strengthening the Marriage

Creating a postnuptial agreement requires open and honest communication about financial matters, which can strengthen the marriage. By addressing these potential issues proactively AND HONESTLY , couples can build a stronger foundation of trust and understanding.

When to Consider a Postnuptial Agreement

- Changes in Financial Status: Significant changes in income, assets, or debts can prompt the need for a postnuptial agreement.
- Inheritance or Gifts: Receiving a substantial inheritance or gift can be a reason to outline its management and protection in a postnuptial agreement.
- Business Ownership: If one spouse starts a business after marriage, a postnuptial agreement can protect business interests and future growth.
- Marital Issues: Couples experiencing marital issues may use a postnuptial agreement as a tool to address financial concerns and work towards reconciliation. (NOTE: if things don’t work out, it can provide a foundation for an amicable settlement)

Conclusion

Postnuptial agreements offer valuable protection and clarity for married couples facing changes in their financial situation. Understanding the facts about these agreements can help you make informed decisions to safeguard your financial future.

If you decide this may be a right tool for you, DONT GO IT ALONE . Contact seasoned family law counsel.

Contact me for expert guidance on postnuptial agreements and family law matters.

To learn more about my services, visit my services page .

Call: 949-756-0684

Email: dgold@tldlaw.com

Disclaimer

This information outlines a few of the concepts that surround postnuptial agreements in the State of California. It is not intended to be, nor should it be construed as legal advice for any particular situation. Please seek advice from TLD Law or your personal attorney in your state or jurisdiction.

Do I need A Prenuptial Agreement?

Mon, 08 Jul 2024 15:56:00 GMT

I hear this question from people who are newly engaged to be married. My answer? It depends

Do you have assets? House? Retirement? Business? Been divorced already? High net worth family? A Yes answer to these questions suggests this is a topic that needs to be addressed as soon as he/she says “yes”. (How romantic, huh?)

Premarital or Prenuptial agreements, often referred to as prenups, are legal contracts signed by a couple before they get married. These agreements outline the division of assets and financial responsibilities in the event of a divorce. It serves as the primary way parties can opt out of community property. Sure, as I suggest, discussing a prenup might seem unromantic . I t can , however, provide significant benefits and peace of mind for both parties .

Key Advantages of Prenuptial Agreements

1. Clarity and Transparency

A prenup provides clear terms regarding the division of assets, debts, and financial responsibilities. This transparency helps both parties understand their financial rights and obligations, reducing the potential for conflicts and misunderstandings in the future.

2. Protection of Individual Assets

If one or both parties have significant assets, such as property, investments, or business interests, a prenup can ensure these assets are protected and remain with their original owner. This protection extends to any future growth or income generated by these assets.

3. Debt Protection

A prenup can safeguard each party from the other's debts. This means that if one spouse has incur red significant debt, the other spouse is not held liable for repayment, thus protecting individual financial stability.

4. Support for Estate Planning

A prenup should complement your estate plan and help heirs clearly outlin e how assets should be distributed upon death. This can help ensure that your wishes are respected and reduce the likelihood of disputes among your heirs.

5. Simplifies Divorce Proceedings

In the unfortunate event of a divorce, a prenup can simplify the legal process. By having predetermined terms for asset division and spousal support, the couple can avoid lengthy and contentious court battles, saving time, stress, and legal expenses.

6. Fairness and Security

A well-drafted prenup (using counsel on both sides ) ensures that both parties enter the marriage with a fair and balanced agreement. This can provide security and peace of mind, knowing that each person's interests are protected, and any potential future disputes are minimized.

7. Encourages Open Communication

Creating a pren up agreement requires open and honest communication about financial matters. This process , if handled correctly, can strengthen the relationship by ensuring that both parties are on the same page regarding financial goals and expectations.

So, do I NEED a Prenup…..???

Significant Assets or Debts : If either party has considerable assets or debts, a prenup can protect individual interests.

Previous Marriages or Children : For individuals entering a second marriage or those with children from previous relationships, a prenup can ensure that their existing family's financial interests are safeguarded.

Business Ownership : If one or both parties own a business, a prenup can protect the business assets and future growth from being subject to division in a divorce.

Disparity in Wealth : When there is a significant difference in wealth or income between the parties, a prenup can provide financial security and fairness.

STAY TUNED→ we will be posting something about postmarital agreements soon.

Summary

Prenups offer numerous advantages by providing clarity, protection, and security for both parties entering a marriage. They are valuable tools for managing financial expectations and ensuring a fair and equitable arrangement in the event of a divorce. For personalized advice and assistance with drafting a prenup, ALWAYS consult seasoned family law counsel .

Contact me for expert guidance on prenuptial agreements and family law matters.

To learn more about my services, visit my services page .

Call: 949-756-0684

Email: dgold@tldlaw.com

Disclaimer

This information outlines a few of the concepts that surround prenuptial agreements in the State of California. It is not intended to be, nor should it be construed as legal advice for any particular situation. Please seek advice from TLD Law or your personal attorney in your state or jurisdiction.

Domestic Violence: Navigating a Dangerous Path on the “Divorce” Journey

Mon, 01 Jul 2024 15:05:32 GMT

When parties separate in a divorce, or at the end of any intimate relationship, the cloud of domestic violence can hover over the initial stages of the parties legal proceedings. Domestic violence can be complex, unpredictable and its impact can last for generations.

It is well understood that Domestic violence is a serious issue that affects many individuals and families. Understanding your legal rights and options is crucial for protecting yourself and your loved ones. Domestic violence includes physical, emotional, psychological, or sexual abuse by a current or former intimate partner or family member. It can occur in various forms, including hitting, threatening, stalking, or other actions that cause harm or fear.

Domestic violence is not driven by the parties gender or sexual orientation. Too often outsiders scoff that straight men can be victims in an abusive relationship. Men, as a result, will not report incidences, in part because they are embarrassed. This skews the figures used to analyze societal trends.

With that in mind, lets a take a look at legal implications.

KNOW THE TERMS INVOLVED (AKA BASIC DV 101)

Restraining Orders : One of the primary legal protections available to victims of domestic violence is a restraining order. A restraining order can prohibit the abuser from contacting or coming near you and if there are minor children of the relationship in the household can also include provisions for temporary child custody and support.
Emergency Protective Orders (EPO) : In immediate danger situations, law enforcement can request an EPO on your behalf from an on call duty judge . An EPO is a short-term (5 days) order designed to provide immediate protection so that the victim can take the necessary steps to get a Temporary Restraining Order .
Temporary Restraining Orders (TRO) : A TRO can be obtained from the court and provides protection until a hearing can be held for a more permanent solution.
Permanent Restraining Orders : After a court hearing at which both sides can present evidence , a judge can issue a permanent restraining order, which can last up to five years and be renewed if necessary.

Steps to Take if You Believe You Are a Victim

Seek Safety : If you are in immediate danger, call 911 or your local emergency number. Ensure your safety and the safety of your children first.

Document the Abuse : Keep records of any incidents of abuse, including photographs, medical reports, and written accounts of what happened. This documentation can be crucial in obtaining legal protection.

Contact a Lawyer : Consulting with a lawyer who specializes in domestic violence can provide you with the guidance and support you need. A lawyer can help you understand your rights, navigate the legal system, and obtain protective orders.

File for a Restraining Order : Your lawyer can assist you in filing the necessary paperwork to obtain a restraining order. This may include completing forms, gathering evidence, and representing you in court.

Utilize Support Services : Many communities offer resources such as shelters, counseling, and support groups for victims of domestic violence. These services can provide additional support and help you rebuild your life.

What If You Are Accused of Committing Domestic Violence?

Contact a Lawyer : Consulting with a lawyer who specializes in domestic violence can provide you with the guidance and support you need. Domestic violence raises numerous possibilities of other legal complications and ignoring them will cost you in more ways than just money.

Criminal Prosecution : The list of charges associated with domestic violence can be endless: assault and battery, spousal rape, stalking and terrorist threats to name a few; not to mention violating the terms of the orders that the court grants.
Firearm Restrictions : It is a violation of state and federal law for a person under a domestic violence TRO or who has been convicted of DV to possess a firearm.
Anger Management: Getting into anger management therapy at one time was seen as a an admission the party was an abuser. No longer is that the case. Its an admission that there may be serious trauma passing down from prior family origin dysfunction. Don't be stoic. Get help.

Legal Assistance and Resources

As a Certified Family Law Specialist, I am committed to parties on both sides of domestic violence navigate the legal system and obtain the help they need. Seasoned family law counsel ensures that you receive knowledgeable and compassionate support throughout the process.

Conclusion:

If you or someone you know is experiencing domestic violence, it's crucial to understand your legal options and seek help immediately. Protecting yourself and your loved ones is the top priority. For personalized advice and legal assistance, contact me for expert guidance on navigating domestic violence cases.

Contact me for expert guidance on domestic violence legal matters.

To learn more about my services, visit my services page .

Call: 949-756-0684

Email: dgold@tldlaw.com

Disclaimer

This information outlines a few of the concepts that surround separation, dissolution, and annulment in the State of California. It is not intended to be, nor should it be construed as legal advice for any particular situation. Please seek advice from TLD Law or your personal attorney in your state or jurisdiction.

Does your current Child Support order need to be modified???

Mon, 24 Jun 2024 20:27:55 GMT

Life changes, and so do the financial needs and circumstances of families. Child support orders can be modified to reflect significant changes in circumstances. Understanding the process and criteria for modifying child support can help you find clarity and closure.

Reasons for Modifying Child Support

The primary factors justifying a modification of child support may be:

Change in Income: A significant increase or decrease in either parent's income can warrant a modification. This includes job loss, salary increases, or changes in employment status, including disability and retirement.

Change in Custody Arrangements: If the custody arrangement or parenting plan changes, such as one parent gaining more custodial time, the child support order may need to be adjusted accordingly.

In certain situations, changes such as remarriage or additional children may impact a parent’s ability to pay support.

The Modification Process

Filing a Request: To modify child support, you must file a request with the court. This request should include evidence of the changed circumstances that justify the modification.

Serving the Other Parent: Once the request is filed, the other parent must be formally served with the modification request and any supporting documents.

Court Hearing: The court will schedule a hearing to review the request. Both parents will have the opportunity to present evidence and arguments.

Court Decision: After considering the evidence and arguments, the court will make a decision. If the court finds that there has been a significant change in circumstances, it will issue a modified child support order.

Preparing for a Modification Request

Gather Documentation: Collect all relevant financial documents, such as pay stubs, tax returns, and any other evidence that supports your request for modification.

Understand the Guidelines: California uses a specific formula to calculate child support. Understanding these guidelines can help you estimate the potential outcome of your request.

Seek Legal Advice: Navigating the modification process can be complex. Consulting with seasoned family law counsel can provide valuable guidance and improve your chances of a favorable outcome.

Enforcing Modified Orders

Once a child support order is modified, it is legally binding. If the paying parent fails to comply with the new order, enforcement actions such as wage garnishment, or contempt of court can be pursued.

Conclusion:

Modifying child support in California involves understanding the legal criteria and process. Whether due to changes in income, custody arrangements, or the child's needs, ensuring that the child support order reflects current circumstances is crucial. For personalized advice and assistance, contact me for expert guidance on navigating the modification process.

Contact me for assistance with child support modifications and family law matters.

To learn more about my services, visit my services page .

Call: 949-756-0684
Email: dgold@tldlaw.com

Disclaimer

This information outlines a few of the concepts that surround separation, dissolution, and annulment in the State of California. It is not intended to be, nor should it be construed as legal advice for any particular situation. Please seek advice from TLD Law or your personal attorney in your state or jurisdiction.

Crafting Effective Parenting Plans and Agreements

Mon, 17 Jun 2024 15:35:02 GMT

In my first year of practice over 30 years ago, I was an associate at a small family law firm in Northern California with an experienced family law attorney. He said I should NOT use the term “visitation” anymore. “Second cousins ‘visit” kids, parents don't “visit” kids, they parent”. From then on, I began using the term “parenting time” in lieu of “visitation”. In the past two and a half decades, we have evolved from discussing “visitation schedules” to now creating “parenting plans”; whether by stipulation/agreement or by court order.

It goes without saying that n avigating the complexities of co-parenting after a separation or divorce can be challenging. A well-structured parenting plan can provide clarity and stability for both parents and children. An effective parenting plan involves understanding the legal requirements and focusing on the best interests of the child.

What is a Parenting Plan?

A parenting plan outlines how parents will raise their child during and after the divorce. It covers various aspects of the child's upbringing, including living arrangements, visitation schedules, decision-making responsibilities, and in many cases how disputes will be resolved.

Key Components of a Parenting Plan

Custody Arrangements: Define legal custody (decision-making power) and physical custody (where the child will live). Parents can share joint custody , or one parent may have sole custody.

Custodial Schedule: Detail when the child will spend time with each parent, including weekdays, weekends, holidays, and vacations. Consistency and predictability in the schedule are crucial for the child's well-being.

Decision-Making: Outline how decisions regarding the child's education, healthcare, extracurricular activities, and religious upbringing will be made. Joint legal custody requires both parents to collaborate on these decisions.

Communication: Establish guidelines for how parents will communicate about the child, including regular updates, emergency contact procedures, and methods for resolving conflicts.

Transportation: Specify how the child will be transported between parents, including pick-up and drop-off locations and responsibilities.

Special Considerations: Address any special needs or circumstances, such as medical conditions, educational requirements, or other unique aspects of the child's life.

Creating a Parenting Plan

Focus on the Child’s Best Interests !! It is not what is better for one parent on another. The primary goal is to ensure the plan supports the child's emotional, physical, and psychological well-being. The court will always prioritize the child's best interests when reviewing the plan.

Be Detailed and Specific: A detailed plan reduces the potential for misunderstandings and conflicts. Cover all aspects of the child's life and daily routines to provide clear guidance.

Consider Flexibility: While consistency is important, some flexibility can help accommodate unexpected events and changes in circumstances.

Include Provisions for Modifications: Life changes, and so might the needs of the child or parents. Include a process for modifying the plan as necessary, whether through mutual agreement or court intervention.

Seek Mediation if Needed: If parents struggle to agree on a plan, mediation can be an effective way to reach a resolution. A mediator can help facilitate discussions and find common ground. Courts generally require you to participate in mediation before you appear before the judge for a hearing

Legal Requirements

In California, a parenting plan becomes legally binding when it is incorporated into a court order. It is advisable to work with an experienced attorney to ensure the plan meets all legal requirements and adequately protects your rights and your child's interests.

Conclusion:

Creating a comprehensive parenting plan is essential for providing stability and clarity in co-parenting arrangements. By focusing on the best interests of the child and being detailed in your approach, you can develop a plan that works for both parents and supports your child's well-being. For personalized advice and assistance, contact me for expert guidance.

Contact me for assistance with parenting plans and family law matters.

To learn more about my services, visit my services page.

Call: 949-756-0684

Email: dgold@tldlaw.com

Disclaimer

“Ali-Money” aka Spousal Support

Wed, 12 Jun 2024 00:00:00 GMT

Spousal support, also known as alimony, can be a critical issue divorce proceedings Understanding factors that influence spousal support can help you navigate the process more effectively and ensure a fair outcome.

Types of Spousal Support

In California, there are two primary types of spousal support: temporary and permanent.

Temporary Spousal Support : This type of support 'is utilized to maintain the living conditions and standards of the parties in as close to the status quo position as possible pending trial and the division of their assets and obligations ”

Permanent Spousal Support : Also known as long-term or post-divorce support, this is awarded when the divorce is finalized. The duration and amount depend on a consideration of various factors outlined below.

Factors Influencing Spousal Support

California courts consider several factors when determining spousal support, including:

Length of the Marriage : Generally, the longer the marriage, the longer the duration of spousal support.
Standard of Living : The court aims to ensure that both parties can maintain a standard of living similar to that enjoyed during the marriage.
Earning Capacity : The ability of each spouse to maintain gainful employment, considering their skills, job market, and time needed for education or training.
Contributions to the Marriage : Non-financial contributions, such as homemaking and child-rearing, are considered when determining support.
Age and Health : The physical and emotional condition of each spouse can influence the amount and duration of support.
Financial Needs and Obligations : The court evaluates the financial needs of each party, including separate and community property that is confirmed to each party in the final divorce judgment.
Tax Implications : The tax consequences of spousal support for both parties are taken into account.

Modification of Spousal Support

Spousal support orders can be modified if there is a significant change in circumstances. Examples include changes in income, employment status, retirement or health conditions. Either party can request a modification through the court.

Termination of Spousal Support

Spousal support may terminate under certain conditions, such as:

The remarriage or cohabitation of the receiving spouse.
A specified end date outlined in the support order.
The death of either spouse.

Seeking Legal Advice

Navigating spousal support can be complex, and having seasoned legal counsel is crucial to providing clarity and advocating when necessary .

Conclusion

Understanding spousal support is essential for anyone going through a divorce in California. Knowing the types of support, factors that influence decisions, and conditions for modification or termination can help you achieve a fair outcome. For personalized advice and assistance, contact me for expert guidance.

Contact me for expert guidance on spousal support and family law matters.

To learn more about my services, visit my services page .

Call: 949-756-0684

Email: dgold@tldlaw.com

Disclaimer

This information outlines a few of the concepts that surround spousal support in the State of California. It is not intended to be, nor should it be construed as legal advice for any particular situation. Please seek advice from TLD Law or your personal attorney in your state or jurisdiction.

Understanding “Divorce” and Why You Need A Seasoned Family Law Counsel

Mon, 10 Jun 2024 18:47:19 GMT

Divorce can be a challenging and emotionally charged process, but understanding your legal rights can help you navigate it more smoothly , and in the end, get the best resolution possible.

Community Property

California is a community property state . What does that mean?? Simply, it means that all assets and debts acquired during the marriage are considered joint property. This includes income, real estate, vehicles, and even debts. During a divorce, these assets and liabilities are typically divided equally between the spouses.

Spousal Support

Also known as “ alimony, ” spousal support is designed to help the lower-earning spouse maintain a similar standard of living both during and after the divorce process is completed . Factors such as the length of the marriage, each spouse's earning capacity, and contributions to the household are considered when determining spousal support.

Child Custody and Support

Child custody decisions center on what is in the best interests of the child. Both parents are encouraged to participate actively in their child's life, and the court considers factors like the child's health, safety, and welfare. Child support is calculated using a standard formula that considers both parents' incomes and the time each parent spends with the child.

Division of Property

In addition to community property, separate property—assets owned before the marriage or acquired by gift or inheritance during the marriage—remains with the original owner. Proper documentation and proof are essential to establish separate property claims.

Legal Representation

Having legal representation is crucial in a divorce. An experienced attorney can provide valuable guidance, protect your rights, and help negotiate a fair settlement. They can also assist with complex issues such as business valuations, high-asset divorces, and custody disputes.

Mediation and Collaborative Divorce

Mediation and collaborative divorce are alternatives to traditional litigation. These processes encourage cooperative problem-solving and can result in more amicable agreements. They often save time and money and reduce the emotional toll on both parties.

Conclusion:

Understanding your legal rights in a California divorce can help you make informed decisions and protect your interests. Whether you're dealing with property division, spousal support, or child custody, having the right information and legal support is essential.

Contact me for expert guidance on divorce and family law matters.

To learn more about my services, visit my services page.

Call: 949-756-0684

Email: dgold@tldlaw.com

Disclaimer

This information outlines a few of the concepts that surround separation, dissolution and annulment in the State of California. It is not intended to be, nor should it be construed as legal advice for any particular situation. Please seek advice from TLD Law or your personal attorney in your state or jurisdiction.

Understanding the Family Law “Jungle” in California

Tue, 28 May 2024 18:05:31 GMT

Dealing with family law matters in court can be overwhelming, whether it's divorce, child custody, or support issues. Having a sherpa who can lead you through the jungle that is the family law court system is crucial for individuals who want certainty, closure and a path forward.

Filing the Petition

Every family law case begins with filing a petition. This document sets the legal process in motion by outlining requests to the court. Once the petition is filed, it must be served to the other party, who then has a limited time (usually 30 days) to respond.

Response

After the other party is served, they have the opportunity to file a response which outlines disagreements with the initial petition.

Temporary Orders

In some cases, temporary orders may need be issued to address immediate concerns before the case is resolved. These orders can include temporary child custody, visitation schedules, child support, spousal support and attorney fees necessary to prepare the matter for trial. These orders remain in effect to preserve the “status quo” as much as possible until the final judgment.

Discovery: Gathering Information

Even though mediation aims to reduce legal conflict, it's advisable to consult with seasoned family law counsel who can guide you on your legal rights and help you understand the implications of any agreement.

Mediation and Settlement Negotiations

Before heading to trial, many family law cases go through mediation, sometimes called Mandatory Settlement Conferences, to encourage an amicable settlement. Settlement negotiations can lead to a resolution without the need for a trial.

Trial: Resolving Disputes

If a settlement can't be reached, the case proceeds to trial. Both parties present their evidence and arguments, and the judge makes the final decisions on all unresolved issues, including child custody, support, and property division. The court’s decision will be legally binding and must be adhered to by both parties.

Final Judgment: The Court's Decision

After the trial, the court issues a final judgment, which outlines the resolution of all matters in the case. The judgment will detail child custody arrangements, support obligations, property division, and any other relevant issues.

Post-Judgment Modifications

Family law judgments are not always set in stone. Post-judgment modifications can be requested if significant changes occur, such as changes in income, relocation, or the needs of the children. The court will evaluate whether these changes warrant modifying the existing orders.

Conclusion

Navigating family law court procedures can be stressful, but working with an experienced attorney can help safeguard your interests. As a Certified Family Law Specialist, I can guide you through the complexities of the legal system and provide personalized advice.

Contact me for assistance with family law matters.

To learn more about my services, visit my services page .

Call: 949-756-0684

Email: dgold@tldlaw.com

Disclaimer

Effective Divorce Mediation Tips in California

Tue, 21 May 2024 20:10:17 GMT

What about mediation? This is a common question I get from prospective clients. You need to know what mediation is and what it is NOT before you decide if it is right for you. If you are ending an abusive relationship, it is my opinion mediation is not for you.

Divorce mediation provides a way for couples to resolve their differences amicably, avoiding the stress and expense of court. By adhering to these tips, couples can enhance their chances of achieving a fair resolution.

Be Prepared

Preparation is essential to successful mediation. Gather all necessary documents, including financial statements, property records, and other relevant paperwork. A clear understanding of your financial situation and goals will help you navigate discussions with confidence. To the extent you need counsel to assist you in exercising your due diligence in gathering information, avail yourself of formal discovery to ensure everything is “on the table”.

Keep an Open Mind

Mediation is about compromise. Approach the process with a willingness to listen, negotiate, and find common ground. Both parties must adjust their expectations to reach a settlement that both can accept.

Focus on the Children

If children are involved, prioritize their well-being during mediation. Develop a custody and visitation arrangement that supports their needs. A stable and supportive environment should take precedence over personal differences.

Seek Legal Advice

Manage Emotions

Divorce can bring out strong emotions that hinder productive negotiation. Managing emotions during mediation and focusing on rational discussions is essential. Techniques like deep breathing, taking breaks, or consulting a therapist can help manage emotional stress.

Stay Focused on the Issues

Avoid bringing past grievances into the mediation. Staying focused on the specific topics at hand will help move discussions forward efficiently. Knowing the key issues you want to address can help keep conversations productive.

Consider Future Needs

Divorce agreements have long-term consequences. Consider future needs like retirement, health care, and your children’s education while negotiating to ensure the agreement stands the test of time. Having a clear understanding of your financial needs post-divorce is crucial.

Practice Effective Communication

Effective communication is vital during mediation. This includes listening to the other party, expressing your needs clearly, and avoiding negative language. A respectful tone helps create a conducive environment for negotiation.

Be Patient

Mediation can be a lengthy process, especially when both parties have differing viewpoints. Patience and persistence help facilitate discussions and improve the chances of reaching a successful agreement.

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Conclusion:

Divorce mediation can lead to an amicable resolution when both parties compromise and prioritize mutual goals. Following these tips can help you navigate the mediation process more effectively. For expert advice on divorce mediation, contact me for personalized guidance.

To learn more about my services, visit my services page .

Call: 949-756-0684

Email: dgold@tldlaw.com

Disclaimer

This blog provides a general overview of child custody laws in California. It is not intended to be, nor should it be construed as legal advice for any particular situation. For specific advice, please consult TLD Law or your personal attorney.

Understanding Gray Divorce and Its Challenges in California

Tue, 14 May 2024 13:37:04 GMT

I have spent several years sharing my thoughts on “Gray Divorce”. The topic has certainly been ripe in the media; everything from Bill Gates divorce to the “Golden Bachelor”. Perhaps the latter is not the best example but bear with me. Even with all of this out in the public domain, I still get some puzzled looks from people so here are some basics.

“Gray divorce” refers to the increasing number of couples aged 50 and above who are choosing to end their marriages. As life expectancy increases and societal norms evolve, many older couples find themselves reevaluating their relationships and seeking fulfillment in their later years. In certain situations, people recognize they have deep-seated intimacy issues that were buried from recognition and attention while children were at home. Gray divorce, however, brings unique challenges that require careful planning and expert legal advice.

Unique Challenges in Gray Divorce

Retirement Plans : Understanding and dividing retirement accounts, pensions, and Social Security benefits as well as how these assets/benefits may impact the financial stability of both parties is absolutely critical.

Health Care Needs : With aging, health care coverage becomes a critical concern. Gray divorce can affect health insurance and long-term medical care plans, requiring a thorough evaluation of each partner's health needs.

Property Division : After decades of accumulation, dividing assets can be complicated. Real estate, businesses, and other significant investments require careful handling to ensure a fair division.

Adult Children : Gray divorce not only affects the couple but can also have an emotional impact on even adult children who thought their parents would live “(un)happily ever after”. It can also introduce complexities in estate planning and inheritance.

Spousal Support : Long-term marriages may result in one spouse being financially dependent on the other. The divorce may lead to spousal support obligations, which can be a significant financial consideration.

Tips for Navigating Grey Divorce

Assess Financial Impacts : Understand the full financial picture, including assets, debts, and income, to avoid unpleasant surprises. Adjusting retirement plans and budgeting for new expenses is crucial.

Seek Seasoned Legal Counsel : As a Certified Family Law Specialist at TLD Law with nearly three decades of legal experience, I will ensure your interests are protected throughout the divorce process.

Plan for Health Care Needs : Evaluate your health care coverage and long-term care needs, especially if you rely on a spouse's health insurance.

Consider Emotional Support : Gray divorce can be emotionally challenging. Seeking support from friends, family, or specialized professionals can help you navigate this difficult transition.

Plan for Future Needs : Evaluate the potential impact on estate planning and inheritance. A well-thought-out plan will help ensure that your wishes are followed, and your assets are protected.

Adjust to a New Lifestyle : Post-divorce life often involves adjusting to a new lifestyle. This may include changes in living arrangements, social dynamics, and financial management. Preparing for these changes is crucial.

Conclusion:

Gray divorce can bring a unique set of challenges that require careful consideration and planning. Working with seasoned family law counsel ensures you navigate these challenges effectively, safeguarding your future. We offer personalized advice tailored to your situation.

Contact me for expert guidance on grey divorce and family law matters.

To learn more about my services, visit my services page .

Call: 949-756-0684

Email: dgold@tldlaw.com

Disclaimer

Understanding Child Custody Laws in California

Mon, 06 May 2024 15:16:48 GMT

Navigating through a separation or divorce can be emotionally challenging, especially when children are involved. Having practiced law for three decades, custody can take a serious emotional and financial toll.

A basic understanding child custody laws is crucial for parents who wish to make informed decisions about the upbringing and welfare of their children. California’s child custody laws aim to protect the best interests of the child, a standard that guides all decisions related to custody and visitation.

While all parents believe they have the child’s best interest at heart, the toxic emotions released in the breakup of two intimate partners tend to distort reality making the children a projection of their own needs.

Here are some basic concepts:

Types of Child Custody in California

Legal Custody

Legal custody refers to the right to make important decisions about a child's health, education, and welfare. Generally, Parents can have joint legal custody, where both parents share the decision-making responsibilities, or sole legal custody, where only one parent has the authority to make major decisions about the child's life. This is a basic definition, and you should consult with seasoned family law counsel for a more nuanced interpretation.

Physical Custody

Physical custody determines with whom the child will live. Joint physical custody means that the child lives with both parents, although not necessarily on a 50/50 basis. Sole physical custody means that the child resides with one parent most of the time and typically visits the other parent. Again, as with legal custody, this is a basic definition, and you should consult with seasoned family law counsel for a more nuanced interpretation.

Deciding Factors in Child Custody Cases

When determining child custody, the court is bound to consider the child’s best interests. This is a balancing of two sub-issues. One, ensuring the child’s frequent and continuing contact with both parents and two, ensuring that the custodial plan protects the child’ health safety and welfare. In balancing these concerns, California courts consider several factors.

These factors include:

The age and health of the child,
Emotional ties between the parents and the child,
The ability of the parents to care for the child,
Any history of family violence or substance abuse, and
The child’s ties to school, home, and community.

The court may also consider the child's preference if they are mature enough to make an informed opinion.

Child Custody Modifications

Custody orders may be modified if a significant change in circumstances occurs. This ensures that the custody arrangement continues to meet the needs of the child as their circumstances change.

Conclusion:

Navigating child custody laws can be complex and emotionally draining. Understanding your rights and responsibilities as a parent can help you make the best decisions for your child's well-being. If you are facing a custody battle or need guidance on family law issues, consider speaking with a knowledgeable attorney at TLD Law. Our specialists are here to help you with personalized advice tailored to your unique situation.

Please contact us if you need help with child custody laws.

Call: 949-756-0684

Email: dgold@tldlaw.com

Disclaimer

"Putting All of Your Cards On The Table"

Mon, 30 Aug 2021 20:44:06 GMT

A guide on how to save you time, money, and receive the best resolution possible by being financially transparent.

All any divorce attorney can truthfully commit to you is to get you the best resolution possible. It’s important to note the words “best” and “possible”; what is “possible” may not be perfect or ideal in your world. It is about getting the best that you can under the unique circumstances you are in. Some of those circumstances are within your control; but most are not. One area you can control is how you wish that your dispute to be resolved. If you wish to stay out of court, it cannot be emphasized how important it is to be financially transparent.

In family law matters, particularly in divorce matters, disclosure requirements will need to be followed. By not cutting corners and staying in concurrence with the law, you will save money.

Here is a guide to save time, money, and receive the best resolution possible by being financially transparent:

Familiarize yourself with the rules of Family Law and disclosure requirements. ASK YOUR ATTORNEY IF NECESSARY
At all times, a divorcing spouse must remember that he/she has the affirmative duty to disclose material information and documents. The duty to disclose arises even if the other party has not requested disclosure.
Each spouse should carefully read the Standard Restraining Orders that are on the back of the Family Law Summons. Among other things, these orders restrain both spouses from disposing, transferring, borrowing against or liquidating any community property or separate property asset.
Where appropriate, a spouse should make copies of all documents that have any bearing on assets and income. This includes bank statements, canceled checks, credit card statements, tax returns (personal and business), deeds, titles, escrow documents, w-2 forms, 1099 forms, and payroll check stubs.
If either spouse is entitled to receive child support or spousal support from the other, any increase in income must be reported to the other spouse.
Whenever an event or development that might impact an asset or debt occurs, it must be disclosed to the other spouse. No event is too small to disclose. The following is a list of the types of disclosures that are commonly seen in family law cases. Because the types of disclosures that are required are limitless, it is impossible to list every occurrence that triggers a disclosure.

The days of “hide-the-ball” divorce litigation, where one or both of the spouses would conceal important information and documents from the other spouse, are clearly a thing of the past. Now, each spouse must actively engage in complete and ongoing disclosures at all times. Successful resolution can only happen when this is achieved.

As trusted legal counsel, we make it our mission to ensure that our clients comply with their fiduciary duties in every way. Moreover, where the other party appears not to take the fiduciary disclosure rules seriously, we take steps to obtain either that party’s full cooperation or the court’s imposition of sanctions.

“Is “Breakup” news” Breaking News?”

Tue, 13 Apr 2021 18:42:44 GMT

I get a laugh how media, particularly media focused on entertainment and celebrities, create earth shattering headlines from events family law attorneys deal with every day.

ET Online - Kanye West Responds to Kim Kardashian's Divorce Petition.

Support Modifications During COVID-19

Thu, 10 Sep 2020 19:31:54 GMT

When your divorce was finalized, the court orders for spousal support and child support (if applicable) were final and permanent or were they??

If things have changed, however—as some people have experienced since March, 2020—the support order may have to be modified.

So, if that fits your description, what’s involved? Are you a payor? Or are you a recipient?

If you are a payor:

If you’re on the paying end , your kids, your ex, and your landlord or mortgage lender are waiting for payments you can’t make because you may have lost your job or were furloughed because of the COVID-19 pandemic. Or your hours were cut back. The economy tightened. Millions of people are out of work.

On the receiving end :

You can’t pay your bills because you’re not receiving your support because of COVID-19. You may have lost your job also. You cannot pay the rent. Utilities, payments, and even food bills may be out of your reach.

For Either Party Seeking Support Modification
Either party can request modification to the court orders for spousal support and/or child support.

Situations for which one may ask for modifications are:

· Changes in income

· Loss of job

· Additional children

· Change in custody or time spent with minor children

· Retirement (at normal retirement age)

Situations for which you may NOT ask for modifications are:

· If one of the parents voluntarily quits their job

· If the payer simply doesn’t want to pay

As noted, either party may ask for a modification. But, before you file anything with the court, here are some thoughts to consider.

Some “C” Thoughts Before Heading to Court:

1. Communicate: Talk to your former spouse as soon as you know that there’s a problem. The pandemic dropped like a bomb, but the after effects keep everyone unstable. If both parties know living on less will be the future, preparing early is better.

2. Collaborate: See if you can work out an agreement with your spouse. It saves money on attorneys’ fees (and sets a good example for the children).

3. Cooperate: Make sure you disclose all relevant financial information with other party

4. (Be) Considerate: No one asked for these situations, pandemic or not. Life happens.

Two Warnings

1. Be smart about child support

If the parents and a Local Child Support Agency LCSA (in the event they are involved) can achieve agreement on a different level of child support, they can write it up and give it to the judge for signature to make it into a new order. However, if the parents cannot agree on the change, one of the parents, or the LCSA, needs to file a motion with the court to request the modification. (Another important aside. The LCSA is busy, short-staffed, and in a word, behind. They can take up to months to process your request. If that’s the case, don’t wait on them. See Warning #2.)

Note: If the judge does not sign the new court order, the existing child support amount and order will not be changed. Even if you are sure you have a verbal agreement with your ex for the altered child support amount, it must be put it in writing, and it must be signed by the judge. That is the correct (only) way that you can protect yourself and show that you have a current child support order reflecting the most recent amount.

2. DO NOT WAIT to request a change!

WHY? Because CHILD (AND SPOUSAL )SUPPORT CANNOT BE CHANGED RETROACTIVELY UNTIL YOU FILE YOUR REQUEST WITH THE COURT! If you lost your job three months ago or shortly after the beginning of the pandemic, say, but are just now filing papers in court to change your support order because you have a lower income or no income, the judge cannot predate the order to have it go back to the day you lost your job.

The judge can ONLY alter your support order from the date you filed your papers in court requesting that change. If you delay, it’s doubly difficult because not only will you be unemployed, but also you will owe the three months of support at the old amount plus the interest that is accruing on that past-due support!

Conclusion

There are many forms required for changing anything that was a court order and needs to be changed or modified. As an example, just for a child support modification, you’d need many of these forms: FL-150, FL-155, FL-300-INFO, FL-320, FL-335, FL-330, DV-570. Go to this section of the California courts website and see what each of these forms means and does. If your eyes are starting to swim, then, as they recommend on that page, have the court’s ‘family law facilitator’ review your paperwork.

Some forms used for child support modification are also used for spousal support modification. This web page has details and some of the same recommendations for representation and help. In either case, you can find an attorney to review the papers for the whole case or just in parts. For this parts-but-not-all approach, you can seek help with limited scope representation . Or hiring an attorney to handle sticky situations may be your only recourse.

These are challenging times. The need for support modification is a fallout of the pandemic. If we can say one thing you remember from all of this, it is the following:

Start early and be kind to each other .

Please Contact Us if You Need Help in This Regard

Call: 949-756-0685.

Email: dgold@tldlaw.com

Disclaimer

This information outlines a few of the concepts that surround support modification in the State of California. It is not intended to be, nor should it be construed as legal advice for any particular situation. Please seek advice from TLD Law or your personal attorney in your state or jurisdiction.

The Private Judge Alternative for Divorce

Wed, 12 Aug 2020 18:04:20 GMT

A Cure for COVID-19 Court Closures

It was the best of times; it was the worst of times . . .”

The phrase famously opens “Charles Dickens’s A Tale of Two Cities and accurately describes the state of matrimony. Weddings are the best. Divorce is the worst. Everything in between is marriage.

These days, the wait to file and obtain a court hearing has lengthened. The courts’ waiting lines to push things through can make the testing lines for COVID-19 look short.

Divorce reeks of failure. The marriage did not work. And divorce is not only messy and hurtful. It’s expensive and requires digging through paperwork, as noted in our previous blog post. Once the paperwork is filed , a regular public divorce process will take at least six months from the date the person filing for divorce lets the other person know because of California law’s mandatory waiting period.

Patience is a virtue

Patience may be a virtue, but it’s usually in short supply when a couple has decided that divorce is the only answer. Waiting for the public court system can be excruciating these days. In the face of the most recent outbreaks, the 7/10/20 press release for the County of Los Angeles has mandated social distancing and wearing masks and is restricting the number of people in the courtrooms. It might be possible to leverage technology, but the number of people in the courts to process paperwork has been reduced. Waiting times for filings to be handled have stretched. In general, public court systems can be slow, clogged, messy, understaffed, and backlogged. Covid makes it worse.

The Family Law Private Judge Alternative

Instead of a public divorce, the family law private judge alternative might be worth considering.

FAMILY LAW PRIVATE JUDGE ALTERNATIVE
CONSIDERATIONS	PROS	CONS
Speed	The judge is not at the mercy of the docket of cases. Goes faster, and emotional “damage” is reduced.	Cost! -- These judges can charge as much as your attorney.
Control	You have more access to a private judge.	You may not have access to the “broader” world view.
Privacy	Especially high-profile, high- asset dissolutions might want this choice.	Public cases may be “fairer” as more “eyes” are on the proceedings. Is publicity good for either party? Maybe.

Checklist for working with a private judge:

· The private judge must have the same qualifications as a judge who would serve in a public court.

· All parties to the divorce, their attorneys, and the chosen private judge have signed a Stipulation for Appointment.

· The signed Stipulation for Appointment was sent to the presiding judge of the county in which the case is pending.

After the presiding judge has endorsed and signed the order, the private judge will have the same powers of the sitting Superior Court judge for that case only .

When will a private judge work best?

· If the parties can afford to hire a private judge

· If the matter is legally or factually complex, and will require several days of trial

· If a more private setting is necessary for protection from say, the media, the public, or other family members

Benefits to working with a private judge

Time-saving benefits come from having access to the judge and enjoying opportunities for quicker hearing dates. You can hire private judges that are experts in family law.

When the Final Judgment paperwork is filed with the court, the parties are divorced. Painless? Not at all. Just faster, like a quickly removed band-aid. It is a lot more expensive if the parties cannot agree, so working out some of the issues ahead of contracting with the private judge may save headaches and protect your finances.

Conclusion:

The family law private judge alternative can reduce waiting time, increase privacy, and enhance social distancing. Time is money. Privacy comes at a price. Properly vetted, a private judge well versed in family law can be worth every penny.

Please Contact Us if You Need Help in This Regard

Call: 949-756-0685.

Email: dgold@tldlaw.com

Disclaimer

This information outlines a few of the concepts that surround the family law private judge arrangements in the State of California. It is not intended to be, nor should it be construed as legal advice for any particular situation. Please seek advice from TLD Law or your personal attorney in your state or jurisdiction.

Latest Family Law Briefs

Wed, 05 Aug 2020 15:58:20 GMT

The California Appellate Courts continue to work during the COVID-19 Pandemic and provide insight on issues affecting family law.

THIS JUST IN:

In re Marriage of Hein 20 DJDAR 7690 (7/21)20) (DCA 5)

Depreciation for equipment and other assets used by a business and IRC section 179 expenses may not be treated as statutory deductions in calculating income available for child support. There is no presumption of correctness to a business owner's individual and corporate tax returns.

In re Brace 20 DJDAR 7719 (7/23/20) (Cal.SC)

When spouses use c/p to acquire property in joint tenancy on or after 1/1/75 the property is preemptively c/p under Fam. Code § 760 in a dispute between the couple and a bankruptcy trustee. Fam. Code §2581 is a stronger presumption than Fam. Code §760 and cannot be rebutted by tracing. Community property presumption explained.

Does it Make Sense to Get Legally Separated?

Wed, 15 Jul 2020 16:44:52 GMT

Legal Separation, Divorce and Annulment

The marriage is in disarray. Marriage counseling didn’t work or was not an option for the couple. When is a separation a better choice than a divorce, also known as dissolution of marriage? Is there another answer? Unfortunately, COVID-19 has added fuel to each of these slowing-burning fires.

Three Ways to End a Marriage in California

The three main ways of ending a marriage or registered domestic partnership in California are divorce, legal separation, and annulment. It is not necessary for both spouses or domestic partners to agree to end the marriage. California is a “no-fault” divorce state, meaning that the spouse or domestic partner asking for the divorce does not have to prove that the other domestic partner/spouse did something wrong. From the court’s point of view, there is no “guilty” or “non-guilty” person. To get a no-fault divorce, one of the two, the spouse or domestic partner, has to say that the couple simply cannot get along, which is what the law calls “irreconcilable differences.”

Divorce

Either spouse or partner can choose to end the marriage. Even if the other party does not want to get a divorce, they cannot stop the procedure by declining to participate in the case. If a spouse or domestic partner does not take part in the divorce case, the other party will still be able to get a “default” judgment, and the divorce will go through. It does not matter who is first to file the divorce or separation case. Note: the court will not give preference to the first person to file nor hand a ‘demerit’ to the person who responds to the case. The only thing the court is interested in is helping the separating spouses or partners reach a fair agreement about how their lives will be restructured after the divorce to move ahead and rebuild their lives.

When you start a divorce case, you can ask the judge to make orders about:

Custody and visitation;
Child support;
Spousal or partner support;
The division of your property; and
Who will be responsible for paying debts?

The divorce process will take at least six months from the date the person filing for divorce lets the other person know because of California law’s mandatory waiting period. When the divorce is granted by the courts, the couple is no longer married. Alternately, legal separation is faster, but the couple is still married in the eyes of the law.

Legal Separation

If you do not want to get a divorce (or you cannot because you have not met the residency requirements), you can ask the judge for a legal separation.

The legal separation does not end the marriage or domestic partnership. One cannot marry or enter into a partnership with someone else if they are legally separated and not divorced. Some people who start by wanting a legal separation may be able to change to a divorce case later if they meet specific requirements.

A couple may decide they want to file for legal separation instead of divorce because:

They do not want to get a divorce because of their personal beliefs or religious reasons.
They do not want a divorce yet but would like to live apart and get the court’s orders about money, property, and parenting issues.
They do not meet the California residency requirements to file for divorce, so they get the process of separating started while they’re waiting.
They do not want to divorce because of financial reasons (as in the case where one spouse or partner is on the other’s health insurance plan, or if certain benefits (e.g., military or tax) require that a couple remain married).

Annulment

Annulment is when the marriage is not legally valid. There are many reasons an annulment may be called for, some of which are incest, bigamy, underage, fraud, force, and more with variations on a theme to all of them. To start an annulment case, the party has to fill out the same forms as with a divorce or legal separation. If the court denies the annulment reasons, there will be a brand-new case unless both annulment and dissolution were requested via the court forms at the outset.

Conclusion:

Divorce is final. Legal separations in California usually lead to divorce, but sometimes they serve as cooling off or taking a breather. Often, legal separation is necessary for the children or spouse to be distanced from the offending spouse/partner because of substance abuse or to avoid physical abuse to the spouse or children. On a lighter note, sometimes irreconcilable differences are temporary and can be patched with marriage counseling. Annulment is also final. Reasons for annulment are heard and either considered valid or not in a court of law. It might save time to work with an attorney to know the different avenues for handling a problem marriage.

Please Contact Us if You Need Help in This Regard.

Call: 949-756-0685.

Email: dgold@tldlaw.com

Disclaimer

This information outlines a few of the concepts that surround separation, dissolution and annulment in the State of California. It is not intended to be, nor should it be construed as legal advice for any particular situation. Please seek advice from TLD Law or your personal attorney in your state or jurisdiction.

Divorce -COVID-19 Style - The "La La Land” of Lockdowns

Mon, 08 Jun 2020 15:57:01 GMT

Part 2

These days, it’s hard to think of anything but the movie “La La Land” with Ryan Gosling and Emma Stone when someone uses that term, but the slang term “La La Land first appeared in the 1960s in this country to describe someone who was out of touch with reality. Around the 1970s and 80s, La La Land became a label for Los Angeles, playing on the abbreviation LA. The term insinuated that everyone in Los Angeles is as crazy as the Hollywood stars and starlets who make movies, wear bikinis, and are on a good day self-absorbed.

These days, almost everyone feels like they themselves are in “La La Land”. Struggling in the midst of the Covid-19 pandemic, to stay sane, to pay bills, and to stay married. But, despite the best intentions and the most rigorous efforts, sometimes it’s too late to save the marriage.

Two for the road

“Familiarity breeds contempt” as an adage is coming true with the Covid-19 quarantines. Too much togetherness has resulted in some family-law experts reporting a 50% rise in divorce inquiries; and others predicting a further surge in new filings as the year winds on. Those considering divorce must prepare for extra hurdles to jump as many segments of the family-law system have themselves had to shelter in place. California courts have been in a general shutdown, but day to day operations have varied somewhat depending on which of the 58 counties one resides in.

If divorce is the “La La Land” you’re living in, you may be in one of these two categories.

I. You had already filed.

II. You had not filed, but you are ready now.

Either way, the process may be slower, but the process associated with the dissolution of marriage can still be done while the legal system is on temporary hiatus.

I. If you had already filed or had started

Your Attorney

During the COVID-19 distancing ordinances, you will find that meeting with your attorney face-to-face will present problems. You can talk on the phone, do teleconferencing, “Zoom” meetings, mail documents, or digitize and DocuSign or the equivalent. It may be slower but it moves the proceedings forward. Depending on where you were in the process at the time of the shutdown, you may face the following.

Paperwork

· Declarations – Statements under oath about you, your marriage, your children, used mostly to request the court take action to resolve disputes

· Financials – Disclosures about your investment holdings, real estate deeds, titles, tax returns, pay stubs, etc.

· E-Statements – Be prepared to use the internet to find reports you need. Most organizations are working remotely. Hard copies would be an exception.

Insider’s Tip: Open a separate email account from your spouse’s if you’re still living together. You may want to send some of the documents privately if the attorney recommends it. Password protect your new email account.

II. You had not filed, but you are ready now.

Interviewing prospective attorneys

In this case, you might try calling friends for recommendations of two or three family law attorneys or firms that handle family law issues. It’s a good idea to interview (virtual or phone) a few firms to see if there is a good fit. Divorce is messy, and having an attorney you respect and like is terribly important. Once you have decided on representation, be sure to read over the retainer agreement carefully. All of this can be done by email.

The attorney will advise you of forms a he or she will need to prepare the petition to file with the court. If everything is in order, the court’s process server will serve the Petition on your spouse. While you are waiting for your spouse’s response, you can start gathering paperwork. All of this will take a lot more time than before. [ Note: In the case of certain child-related issues, there may be more urgency, which we have covered here .]

Finding Paperwork

Having time away from work may act in your favor. As above, the declarations, financials, and e-statements you need to collect will take time. It all has to be done. If you’ve been married a while or moved a lot, you will find that some documents have ‘disappeared.’ Mandatory disclosure means you cannot hide any relevant documentation. Keep looking.

The Courts

The courts will re-open but may have reduced hours, longer wait times, and higher caseloads. It’s hard to tell, as the Covid-19 response unfolds. Your attorney can help you find ways to keep your divorce proceedings moving forward. Meanwhile, for information about other potential impacts to the divorce process due to Covid-19 you may want to stop by this recent post .

Bottom line

If the marriage is indeed “over”, your stress is at a peak; your finances and the children are in disarray, then Covid-19 or not, it is best to keep moving forward with your plans. When the world exits from lockdown, the tidal wave of people waiting for court dates, meetings, and documentation may sweep away your chances for a timely start to a new life. Scary? Yes, but it might be the right thing to do, and it’s better to have it behind you.

Please Contact Us if You Need Help in This Regard

Call: 949-756-0685.

Email: dgold@tldlaw.com

Disclaimer

This information outlines a few of the concepts that surround child custody issues in the State of California. It is not intended to be, nor should it be construed as legal advice for any particular situation. Please seek advice from TLD Law or your personal attorney in your state or jurisdiction.

Divorce - COVID-19 Style

Tue, 12 May 2020 21:04:58 GMT

Should you wait for better times?

Someone joked recently that their 401(k) looked more like a 201(k). Unfortunately, it’s not a joke; and for many people, it’s not funny. It’s especially difficult when parties in the throes of divorce based the settlement figure on information obtained earlier this year in the ancient BC era—BC as in Before-COVID-19. Assets in divorce are valued at essentially “time of trial” or a time reasonably close to time of trial. What if your “trial” is some months away in the fall? What do you do?

Accidents Happen

When litigants in a serious auto accident proceed to trial, the facts they are presenting in court, for the most part, do not change as a result of the passage of time since the accident took place. Either the light was red, or it was green; either the driver was texting, or they were not. Once the key incident occurred, the time and place are crystallized.

Divorces Evolve

Getting ready for trial in a divorce proceeding presents a different challenge. Matters in the family law court have been rightly called “moving targets.” A better visual is to assume that you leave a chess game at the end of the day, having made a move close to “Bobby Fischer” brilliance, only to get up the next morning and find someone has moved all the pieces around. The chessboard has not only been upended; it might even feel as if the entire room where it sat had been ransacked.

Even before a global pandemic, intervening life events can change the course of any person’s resolution strategy in their divorce: illness, death, joblessness, loss of customers/clients, and more. Any one of these events can alter income, decrease asset values, and expose the marital estate to a reduction in net worth. We have experienced a veritable train wreck of these incidents, with a corresponding degree of losses.

Coming into a year with such a promising number as 2020, we thought we would have a clearer vision of the future. Quite the opposite. The uncertainty brought the spring shutdowns have wreaked havoc on our society. People feel locked in fear and frozen by doubt. Investment analysts predict a substantial negative impact on assets in leisure time industries, commercial/office buildings, shopping center/retail properties, and multifamily residential housing. Many analysts believe we will see joblessness hitting Great Depression levels. The impact will vary depending on whether we actually get there, and how long we stay there.

Our Advice

We have not seen the last domino fall. COVID-19 consequences are still evolving. Your advisors can help you through some tough decisions. Your attorney is not the only one with perspective. Put a call out to your investment advisor, and your banker. How about your life insurance, long term care insurance, and umbrella policies?

It might be worth dusting off the box where your estate plan sits in the closet and looking that over as well. It could need updating—again. The real estate holdings might need a second look. Your personal assets could be more or less valuable since the last time you had an appraisal done. Meanwhile, if you wait six or twelve months, that wilted “201(k)” might be a 301(k) or looking like its old 401(k) self.

You might decide to stay together and wait for better circumstances. Or it could be time to continue with the actions you had started to take before California’s governor issued the shelter-in-place order on March 20, 2020.

Bottom line: The resolution strategy for your divorce game may need restructuring, and you might have to move some pieces on the chessboard yourself. While all would agree its nerve wracking, you don’t have to do it alone.

PLEASE CONTACT US IF YOU NEED OUR ADVICE.

Call: 949-756-0685 Email: dgold@tldlaw.com

Disclaimer:

This information outlines a few of the concepts that surround the financial aspects of divorce settlements during the COVID-19 crisis in the State of California. It is not intended to be, nor should it be construed as legal advice for any particular situation. Please seek advice from TLD Law or your personal attorney in your state or jurisdiction.

COVID-19 Impact on Divorce Filings

Mon, 13 Apr 2020 17:04:40 GMT

A recent article in the Daily Mail carried the headline: “Divorce rates spike in China after ‘couples spend too much time together during Coronavirus home quarantine’ officials claim.”

In California and the rest of the US, people are asking “divorce” lawyers, like myself, the same question; will we see a rampant uptick in filings when the COVID-19 “lockdowns” end. My answer, having practiced for over 25 years, is maybe. A close reading of the article suggests we should not move too quickly to assume the cause from the effect. Courts have cut back on resources, and in some cases, closed. That has led to the inescapable conclusion there will be a backlog when the pandemic’s epic disruption subsides. One can also assume that couples delaying the inevitable end to a troubled marriage, already on the rocks, may be a reason there will be an uptick.

In the 2008-2009 financial meltdown, couples were financially compelled to stay under the same roof. Job losses combined with bank delays in moving forward with foreclosures made it very practical, if not advisable, for dysfunctional relationships to continue in a household where parties could live essentially “rent/mortgage” free waiting for the bank to take possession. Even if wanting to hire counsel to move forward with divorces at that time, were unable to do so. In many cases, couples stayed until they could afford to part, and have some equity.

The more immediate concern is that this downturn presents very different challenges than the 2008 financial meltdown. This pandemic response presents substantially less opportunities for escape: vacations, sporting events, and other seasonal events are non-existent. Couples must rely on each other for emotional support. When tensions do rise, there are very few escape valves, and a truly abusive relationship will reach its boiling point. Increased domestic violence may result.

“The Great Shutdown of 2020” as history will record it, will not turn good relationships bad or drive healthy marriages toward their end. It will, sadly, drive dysfunctional unions over the cliff. People in this situation will need help; they will need resources and wise guidance when we go back to a changed social and cultural landscape.

Child Emergencies: What You Need to Know about Winning Ex Parte Child Custody Hearings

Tue, 17 Mar 2020 16:50:37 GMT

Winning Ex Parte Cases Can Save Your Child’s Life

Introduction

Divorce is certainly a time in which there may be a child custody discussion. On the other hand, there may be situations wherein custody may have to be established for the safety or well-being of the child(ren) without a marriage dissolution in the picture. The Latin term Ex Parte is used in the legal profession to refer to court proceedings for the benefit of one party to a controversy, without the other being present. Specifically, an Ex Parte order for child custody is a legal document filed with the court without notifying the other spouse, and it must be in response to a real emergency of some kind. There is no crying wolf. Child abduction is an example of such an emergency, but there are others that include mental and physical abuse.

Problems like the parents not being able to agree who will be with the children on Christmas Eve is NOT an emergency. Christmas Eve is the same every year and it is not an unforeseen circumstance. Courts keep a tight rein on what is deemed an emergency. In making an Ex Parte request, a party is essentially “knocking” on the courthouse door and asking the Judge to make a decision “out of order”, sometimes before a Judge had an opportunity to hear other parties matters that were already scheduled that day. One thing you should never do is risk earning the ire of a bench officer with a matter that is not urgent.

What can you expect at one of these hearings? What occurs before, during, and after this very serious type of court case? It is important because something heinous could be happening to the child, and an unsuccessful outcome will haunt you for years if your child’s case isn’t handled appropriately and quickly.

Well Before the Hearing

Do Your Homework: In normal child custody cases, the court makes both parties aware of the specifics of the dispute and the court date. In an Ex Parte case, one party petitions (files the required documents called ‘pleadings’) with the court with the help of the court or an attorney. A large part of being prepared is knowing how different courts handle Ex Parte cases. There is not a lot of consistency between and among courts across even the same county. Your best bet is to hire an attorney in the county where you reside or where the situation is occurring so they can help you be successful in handling your child’s emergency.

Right Before the Hearing

Know the Alternatives: There are a couple of ways the case can go: 1) The court will review the pleadings and rule on them without hearing the oral argument and 2) The court will review the pleadings, listen to the argument, and then make a ruling.

Review of Pleadings Alone or Pleadings and Argument

Pleadings Alone: Some courts assume your assertions about the child’s situation are true and the court makes a ruling based on that. In this case, you have submitted the paperwork (called pleadings) on the day of or several days before the hearing depending on the county. When you arrive at the hearing, the court will have reviewed the paperwork and will often have a ruling on the emergency child custody order when you arrive or shortly thereafter based on the pleadings alone.

Pleadings and Argument: Some courts will review the pleadings but want to hear arguments from the parties. The court may want some clarification from you or want to hear from your spouse for an explanation.

After the Hearing

The ruling will be made in writing, and should be recorded on what is currently the California Judicial Council Form entitled “Temporary Orders.” An Ex Parte emergency child custody order will have specific child custody orders and possibly attachments directing the opposing party or parent to post a child abduction bond. The purpose of this bond is to facilitate the district attorney’s ensuring that the parent seeking to recover their child will be successful. It might also cover expenses wherein the other parent can have visitation only with a paid supervisor, for example.

If the court denies emergency relief, the matter may be set for a regular hearing on either a normal time or on an expedited time frame, also called an Order Shortening Time (“OST”)

Whether the court grants an emergency child custody order, an OST, or sets for a regular hearing, California Family Code section 3190 requires that the parties be referred to Child Custody mediation. If the parents are successful at mediation, they will be asked go back to the court for the return hearing. At this time, both parents will have an opportunity to tell their side of the story and the court will make a ruling on this subsequent court date as well.

Conclusion:

Ex Parte cases are serious because by definition they are an attempt to correct some emergency situation concerning your child or children. Because the courts vary in their handling of these cases, it’s best to have the help of an attorney that knows which courts tend to have more favorable approaches and responses.

Please Contact Us if You Need Help in This Regard
Call: 949-756-0685
Email: dgold@tldlaw.com

Disclaimer

* * * *

Author: Daniel R. Gold., Esq.

Mr. Gold was admitted to the State Bar of California and the United States District Court in 1993. Mr. Gold leads the family law practice at TLD Law and is certified by the State Bar of California Board of Legal Specialization as a family law specialist. At this time, there are only approximately 5% out of 200,000 attorneys practicing state wide, certified to be specialists.

3 Reasons Why HNW Individuals Need HNW Attorneys for Their Contested Divorce

Wed, 11 Mar 2020 16:23:41 GMT

Introduction
HNW is High Net Worth. Many definitions of High Net Worth Individuals can be found, but a reasonably neutral meaning is from “Investopedia.com.”

A high-net-worth individual (HNWI) is somebody with around $1 million in liquid financial assets.
HNWIs are in high demand by private wealth managers. The more money a person has, the more work it takes to maintain and preserve those assets.
The United States had the most HNWIs in the world at more than 5.28 million in 2017, according to this site.

For the record, an “Ultra High Net Worth Individual (UHNWI) has in excess of $30 million in investable assets. “UHNWIs comprise the wealthiest people in the world and control a disproportionate amount of global wealth. Although they constitute only .003% of the world’s total population, they hold approximately 13% of the world's total wealth. Ultra-high net worth is generally quoted in terms of liquid assets over a certain figure, but the exact amount differs by financial institution and region.” [1]

The Uncontested Divorce
HNWIs and UHNWIs are not immune to divorce. In a perfect world, every divorce would be amicable and uncontested. One party files for the divorce. The other party accepts, the courts process the paperwork with appropriate fees paid, and it’s done. Voilà. Both parties get what they want. The children and pets go with the spouse of choice, and everyone agrees on who’s paying for what. Because high net worth divorces are usually not simple, we see that there are at least three reasons you need an HNW family attorney to handle these cases.

The Contested HNW Divorce
(And the 3 Three Reasons for HNW Attorneys)

Surprisingly, of the three reasons that HNW individuals need an HNW attorney, it’s not always about their HNW.

1. Child support and spousal/partner support (alimony) choices are more difficult the more there is at stake.

2. The disparity between the “higher earner” and the “stay-at-home” person (without even addressing genders these days) often makes the discussion and resolution stickier and more heated.

3. Emotions run high, and it’s not about the money.

Child Support and Spousal/Partner Support
This is a hard one. We suggest knowing some of the laws before you call your attorney. There are several places to look, but if you’re in California, you might start with this Orange County Superior Court website, which also covers medical issues, education, and a myriad of other questions that relate to child support. Do your homework on this website for Spousal/Partner support. It’s not a surprise that expectations for who is responsible for the upkeep of two separate homes become muddier the more money there is to divide.

Disparity Between Higher and Lower Earner in the Family
One party, generally the higher earner, has a stronger tie to the assets. Objectivity is difficult. Therefore, HNW attorneys help by including CPAs, CFPs (Certified Financial Planners), and other specialized agents (e.g., real estate appraisers, art and jewelry experts, business valuation professionals) where the HNW person owns many different classes of items. The goal is that each party to the divorce has a strong sense of fairness as the proceedings ensue.

It’s Not About the Money
A really good HNW attorney will not assume that the HNW person needs to spend a lot of their HNW on attorney fees. People with HNW are in the end, just people. Concerned HNW attorneys understand the emotional wreckage of a divorce, and try to help the couple wade through the financial sewage while preserving the feelings of the kids, and the sisters and brothers, moms and dads, (the kids’ aunts and uncles and grandparents’) without adding more fees than necessary. Less is more. In fact, by researching the forms ahead of time, even HNW folks can have context and better questions for their first meetings with their attorneys.

Conclusion:
High net worth individuals may have liquid assets well above $1 million, and their divorces may be more complicated financially. But the most important side of the situation is how the people involved fare during and after the divorce. Money issues are always messy. More money makes it messier, but we recommend researching the laws in your state and county to see where to start. Indeed, HNW attorneys might be best for HNW individuals, but the good ones will try to help you preserve as much of your assets as possible. Please let us know if we can help.

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Disclaimer:

This information outlines a few of the concepts that surround high net worth individuals as they face divorce. It is not intended to be, nor should it be construed as legal advice for any particular situation. Please contact your attorney for more information.

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Author: Daniel R. Gold., Esq.

[1] https://www.investopedia.com/terms/u/ultra-high-net-worth-individuals-uhnwi.asp

March Newsletter: In re: Marital Standard of Living and Spousal Support

Mon, 02 Mar 2020 19:16:17 GMT

Marital Standard of Living and Spousal Support

Thu, 20 Feb 2020 23:01:36 GMT

Marital Standard of Living and Spousal Support
How Do the Courts Decide Spousal Support?

Introduction

When a marriage finally dissolves, the two parties will eventually have two households. Each will need to pay separate living expenses. One person usually has a higher income than the other, and while there is a statutory list of about 14 items the State of California has outlined, there are three that apply most directly to the ‘Marital Standard of Living’ (sometimes abbreviated MSOL or MSL) section. (1) each party’s earning ability, (2) each party’s ability to pay support, and (3) each party’s needs as viewed through the Marital Standard of Living evaluation. While the three assessments look straightforward enough, the courts have found murky areas that can affect both parties—the supporting and the supported person—significantly. As always, the courts are looking to answer that most important question:

What’s fair?

Definition of Marital Standard of Living

While the California Family Code recognizes that financial circumstances fluctuate over time, the Marital Standard of Living is ‘calculated’ by considering the couple’s lifestyle just before the divorce. Otherwise, and in general terms, the Marital Standard of Living is a measure to ensure that the lower-earning spouse (maybe the one taking care of the household and children or aging parents, these days) is not negatively affected after the marriage dissolves.

It should be noted that the Marital Standard of Living is less relevant with passing time as seen in Marriage of Rising (1999) 76 Cal. App. 4th 472 the Court ruling, which we will discuss in our next blog post, “Three Ways the Length of Your Marriage Affects the Divorce Settlement.”

The Courts Have Interpreted and Ruled Quite Differently

You may have noticed the lifestyle “just before the divorce” phrase above. Two cases stand out in this regard.

1) The parties in Marriage of Smith (1990) 225 Cal. App3d 469 went to lavish parties and lived considerably beyond their means. They financed their excessive lifestyle by accessing credit they did not have. The supported party wanted to continue living after the divorce in the same manner as before, and requested a high spousal support figure. The Court, in that case, gave little weight to the high-flying, credit-card-supported Marital Standard of Living, and decided that it would not be fair to force the supporting party to continue buying champagne and caviar for their soon-to-be “ex.”

2) In quite the opposite case, in Marriage of Drapeau (2001) 93 Cal. App.4th 1086 the Court ruled that Savings & Investments” were relevant categories of expenses as part of this couple’s Marital Standard of Living. The judge ruled that support for the lower-earning spouse should be sufficient for her (in this case) to continue making investments as well as paying her living expenses. In this case, the family spent very frugally and lived considerably below their means to invest a significant portion of their income.

What’s Fair?

No one plans to get a divorce. As of 2018, the Center for Disease Control CDC reported the divorce rate in the United States was 2.9 per 1000 people (excludes California, which has not reported to the CDC since before the year 2000). The Pew Research Center, however, says that the ‘gray divorce’ (couples over 50) stood at 10 per every 1000 people (up from 5 per 1000 in 1990). This statistic is particularly relevant to the Marital Standard of Living spousal support element, as incomes and standard of living tend to rise with age.

The fact remains: When a marriage dissolves, there will be two households, two mortgage or rent payments, two sets of utility bills, repairs, etc. The caregiving duties will be split. Someone needs to either take care of the children and/or elders or pay for them to be watched while they go to work.

Bottom Line

The Marital Standard of Living part of the California Family Code attempts to make the final outlay by the supporting individual something they can afford while trying to assure that the lower-earning spouse can make ends meet. It is hoped that each party will have the sense that their quality of life after divorce is somewhat similar to the pre-divorce scenario. It doesn’t always work perfectly.

Our firm tries our best to make sure both parties are happy, and we attempt to rectify errors that may occur when the judge may have missed their morning coffee on the day of your trial. Please contact us if you’re struggling. We’re here to help.

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Daniel R. Gold is one of TLD Law’s Partners and heads up the Family Law Department at the firm. As a Certified Family Law Specialist, he is one of only 5% of the attorneys in the state of California with the certified specialist designation in this delicate area of justice.

In re: Mehren v. Dargan

Tue, 11 Feb 2020 18:34:58 GMT

In re: California Legislature Cracks Down on Caregivers Who Marry Dependent Adults

Tue, 07 Jan 2020 20:09:40 GMT

In re Marriage of Bittenson

Tue, 12 Nov 2019 19:28:54 GMT

This Is What No One Tells You About Getting Divorced In Your 30s

Thu, 03 Oct 2019 18:10:07 GMT

Older Americans' Breakups Are Causing a 'Graying' Divorce Trend

Fri, 02 Aug 2019 18:33:07 GMT

When "Gray" Divorce Involves Elders

Thu, 14 Mar 2019 18:21:34 GMT

THIS JUST IN: In re Swain v. Swain

Tue, 18 Dec 2018 00:00:24 GMT

This judicial officer made a serious error considering evidence from a party who was not present at the hearing.

Please call 949-756-0684 or email dgold@tldlaw.com for more information.

This Just In: Marriage of Morton

Mon, 12 Nov 2018 00:00:00 GMT

This recent case highlights how state and federal income tax refunds should be included in the annual net disposable income for child support.

Please call 949.756.0684 or email dgold@tldlaw.com for more information.

Divorce, Co-Parenting and the Holidays

Tue, 02 Oct 2018 00:00:00 GMT

As we get ready for the fall/winter holiday season, we will take a break from the law and share an article, that although directed to moms, should be read by all parents going through this painful process.

Please call 949.756.0684 or email dgold@tldlaw.com for more information.

Stocks are not an “option” when it comes to Child Support

Tue, 04 Sep 2018 00:00:00 GMT

THIS JUST IN: In re Marriage of MacilwaineThis very recent case from the Northern California appellate district highlights how stock options are treated in “high earner” child support cases.

Please call 949.756.0684 or email dgold@tldlaw.com for more information.

Rules Exist for a Reason

Mon, 06 Aug 2018 00:00:00 GMT

THIS JUST IN: In re Marriage of Binette. Default judgment properly set aside where husband failed to comply with the statutory disclosure requirements.

Please call 949-756-0684 or email dgold@tldlaw.com for more information.

Whose “peace” was more “disturbed”?

Tue, 01 May 2018 00:00:00 GMT

THIS JUST IN: In re Fischer v. Fischer—This case out of San Mateo County offers a view of how a court determines what constitutes “domestic violence” in a given set of facts.

Please call 949-756-0684 or email dgold@tldlaw.com for more information.