The Law Office of Robert GoldsmithThe Law Office of Robert Goldsmith2024-02-14T23:08:17Zhttps://www.robertgoldsmithlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1501452/2020/02/cropped-Favicon-1-32x32.pngOn Behalf of The Law Office of Robert Goldsmithhttps://www.robertgoldsmithlaw.com/?p=472192024-02-14T23:08:17Z2024-02-09T22:57:26Z(949) 769-7052 for further assistance.]]>On Behalf of The Law Office of Robert Goldsmithhttps://www.robertgoldsmithlaw.com/?p=471862021-01-06T05:18:42Z2021-01-12T05:17:50Zan abusive marriage.
A temporary restraining order can give you temporary custody of the children
Domestic violence can quickly escalate and produce life-altering or even fatal injuries. Children can be particularly vulnerable to severe injuries because of their smaller size. Getting a restraining order will mean that you at least have temporary protection from your ex.
A restraining order can also mean that your children won't be alone with their other parent until you have a chance to go to court. You could even have support in asking your ex to leave the marital home until the courts resolve your divorce.
You will typically need some degree of evidence, whether you have pictures of physical injuries, medical records or police reports. Statements by you and the children can also help secure a restraining order that will make it easier for you to transition out of an abusive marriage.
You could face pushback from your ex as the divorce proceeds
Documenting the treatment you've experienced and trying to make all decisions based on what is best for the children will help protect your parental rights during a contentious divorce. Some spouses will go so far as to claim that abuse allegations are entirely false and an attempt at parental alienation.
Careful communication and a willingness to comply with court rulings will help you defend against those kinds of claims by a manipulative and abusive spouse. You will likely need help building a legal case and fighting for the safety and protection of both you and your children during this difficult time.
]]>On Behalf of The Law Office of Robert Goldsmithhttps://www.robertgoldsmithlaw.com/?p=471672020-11-02T21:29:31Z2020-11-02T21:29:31Zthe work of multiple professionals so that their spouse can focus on their career rather than on household and domestic obligations. To support the family, a stay-at-home parent gives up their personal professional advancement and income so that the entire family can benefit from their unpaid labor.
Those years of service to the family unit can eventually leave a stay-at-home parent in an unpleasant situation when their marriage is no longer healthy and happy. Can you ask for financial support when filing for divorce in California?
The California family courts do authorize spousal support
Spousal support, also sometimes known as spousal maintenance or alimony, is an important legal protection during divorce proceedings. While spousal support is not automatic in a California divorce, dependent spouses have the statutory right to request a support hearing both for a temporary spousal support order during the divorce and a more permanent order after the divorce.
Although you will have to present financial documentation to the courts and successfully demonstrate your need for support in a hearing, it is possible to get alimony as a stay-at-home spouse who now wants a divorce.
How do the courts set alimony amounts?
There are two factors that influence how much spousal support you received. Those factors are the amount of each payment and the duration of payments. The courts consider many family circumstances when deciding how much support you need and how long it should last.
Your health, the custody arrangements for children, the special needs of any children you have, your spouse's income and the length of the marriage can all impact the amount of support that you receive and how long the support will last. Even temporary spousal support can be incredibly beneficial and help you secure independent living circumstances while you try to re-enter the workforce or gain necessary education to get a job with competitive and livable pay.
Discussing your financial concerns with a lawyer before you file or request support can help you make better decisions in an upcoming divorce.]]>On Behalf of The Law Office of Robert Goldsmithhttps://www.robertgoldsmithlaw.com/?p=471662020-10-12T15:40:32Z2020-10-12T15:40:32Zshared custody during the holidays this year?
You and your ex can talk about which special days are priorities
Maybe you have always thrown spectacular 4th of July barbecues, while your ex is the one that gets so excited about the kids opening presents on Christmas morning. Your preferences can directly influence how you choose to split up the holidays.
You can split the holidays you don't particularly care about and then find a system for alternating or splitting the holidays that you would both like to share, including the birthdays of your children.
Have you thought about what can make things easiest for the kids?
Adjusting to shared custody is often difficult for children, especially when they have expectations about certain days. Instead of centering yourself in discussions about custody around the holidays, try to think about what will be best for your kids.
Does your ex have an extended family that your children enjoy spending time with, while you don't have any family in state? If so, the holidays might be much more enjoyable for your kids if they spend the actual day with your ex. Do you think that you could tolerate most of the day with your ex and their family so that everyone can be together? Your children will undoubtedly appreciate such a magnanimous approach because they want to be close to everyone they love on special days.
You have an opportunity to work together to create functional and positive custody arrangements for your children. Prioritizing what will be best for the kids instead of your own feelings can be difficult but will most likely benefit everyone in your family in a long-term sense.]]>On Behalf of The Law Office of Robert Goldsmithhttps://www.robertgoldsmithlaw.com/?p=469882020-08-27T17:23:41Z2020-08-31T17:19:32Zwant to establish paternity in order to request visitation time with your child, there are certain steps you may potentially need to take in order to legally establish yourself or a partner as the parents of a child.
Both parents can work together to acknowledge paternity
California allows parents to execute the Voluntary Declaration of Parentage or Paternity form as a means of affirming paternity. However, in order to use this document successfully, both parents have to agree about the paternity situation. You can do it at the time of birth to ensure the right names are on the birth certificate or any time after the birth of a child.
If you are a father who has a child with a woman that does not want to acknowledge you as the father or if you are a mother of a child whose father denies paternity, a voluntary acknowledgment may not be the best solution available to you. You may need to ask the state to step in.
There are two ways for the State of California to help you
Depending on your current situation, you can either go to a local facility for the Department of Child Support Services or the California family courts and ask them to assist you in establishing paternity.
It is common for mothers to go to child support offices, as they will establish paternity as a means of recouping benefits paid to a child or a mother. On the other hand, fathers often go to court to have genetic testing ordered so that they can establish themselves as the father of the child.
In contested paternity cases, genetic testing is usually the most reliable resource available. If the testing affirms paternity, the mother will have the right to request child support, while the father will have the option of requesting shared custody or at least visitation with their child.]]>On Behalf of The Law Office of Robert Goldsmithhttps://www.robertgoldsmithlaw.com/?p=469512020-07-29T21:49:01Z2020-07-31T21:46:57Zjust another piece of property in the eyes of the courts?
California has one of the more cutting-edge laws on pets in divorce
Historically, across most of the country, pets receive treatment as possessions in a divorce. Thankfully, California is leading the way in changing that unhealthy approach. A pet is usually part of the family, not just an item worth a fixed amount of money.
Under a relatively new law, judges presiding over contested divorces in California should consider the best interests of an animal if both spouses want the animal to be part of their household. Factors such as the pre-existing relationship between person and animal, resources to care for the animal and daily schedule may all influence what a judge determines is in the best interest of the animal.
In cases where the animal has a clear bond with both parties, judges do have the ability to grant shared custody. This could be particularly useful for families with children, as the dog could travel back and forth between households with the kids.
Ask yourself what the best interests of your pet will include
In a married relationship, each partner can pick up a little slack when the other doesn't have time to take the dogs for a walk or when someone forgets to feed their pet.
When planning a strategy for your upcoming divorce, especially as it pertains to your pet, you should ask yourself what would the best outcome actually be for your pet and whether you have the time and resources to care for it. If you do, advocating for sole or shared custody of that pet can be one of your top priorities.]]>On Behalf of The Law Office of Robert Goldsmithhttps://www.robertgoldsmithlaw.com/?p=469472020-06-30T21:38:49Z2020-07-02T21:37:38Zhandles property division during divorce proceedings can help you feel more confident about filing and give you a better understanding of what to expect.
There are situations in which you retain control over property decisions
Not all divorces have the final terms set by the courts. Some couples file for an uncontested divorce, which allows them to retain control of the terms set. It is common for people with prenuptial agreements or post-nuptial agreements to use those documents to pave the way for an uncontested divorce filing.
It is also possible for people to go through mediation or even arbitration in order to reach a compromise that works for both parties. However, if you can't find a way to set terms on your own with your ex, the courts will ultimately have the authority to decide for you when you file for a contested divorce.
California is a community property state
Different states have different rules regarding property division. In California, what you acquire during your marriage typically becomes community property owned jointly by both spouses. Both your assets, like your home equity, and your debts will be subject to division.
You can generally expect that the assets and debts you've accumulated during marriage, ranging from credit card balances to equity in your home, will be subject to division. The exact way that the courts split your assets will depend on a number of factors, including your contributions to the marriage, the length of the marriage and even your earning potential.
For example, the courts may give a higher-earning spouse a slightly larger share of the community property but also expect them to pay most, if not all, of the community or marital debt. The judge overseeing your divorce will generally try to ensure that property division orders reflect the unique circumstances of your family and are as fair as possible.]]>On Behalf of The Law Office of Robert Goldsmithhttps://www.robertgoldsmithlaw.com/?p=469342020-06-13T04:34:22Z2020-06-08T15:24:42Z
Create a property and debt division checklist: This is a list of all your assets and liabilities. Make note of which ones are joint and separate, as well as an approximate value of each.
Review your budget: Your divorce will be in the past soon enough. At that point, you’re left to manage your personal budget. The sooner you create this, the sooner you can adjust how you spend and save. Remember, you’re no longer able to rely on your spouse’s income.
Talk to your children: If you have children with your soon-to-be ex-spouse, talk to them about the divorce process and the impact it will have on their life. While it’s not always possible, it’s best to do so alongside your spouse. This gives your children a sense of comfort during a very difficult time.
Gather the appropriate documentation: It’s best to do this up front, so you don’t find yourself scrambling once you’re in the midst of the divorce process. Some of the documents that you’ll need include pay stubs, tax returns, bank account statements, credit card account statements and retirement plan statements. If you think it’s important, it probably is.
Learn more about child support and alimony: Maybe you assume that you’re due to receive child support and/or alimony. Or maybe you have reason to believe you’ll have to pay one or both. Either way, it will impact your future, so learn as much as you can about these payments.
When you take these steps, you’ll find it easier to prepare for the divorce process. And once you feel good about your preparation, you can proceed with confidence.
There’s no way of knowing what will happen in your divorce, but there are steps you can take to protect your legal rights and keep things moving in the right direction.]]>On Behalf of The Law Office of Robert Goldsmithhttps://www.robertgoldsmithlaw.com/?p=469302020-05-04T15:42:56Z2020-05-06T15:39:51Z
Put your children first: If both you and your ex do this, there’s a greater chance of getting along. It also reduces the risk of putting your children in the middle, which is a source of many co-parenting arguments.
Follow your parenting plan: You created a parenting plan to guide you through the many ups and downs of co-parenting. Turn to it any time you have questions about what you should and shouldn’t do in regard to raising your children. It’s the best guide you have.
Don’t get in the way: When your ex is spending time with your children, stay out of the way. This is a good time for you to focus on yourself. If you get in the way, it will only anger your ex, thus increasing the risk of an argument.
Talk it out: If you disagree about something, talk it out as opposed to sweeping it under the rug. It’s the only way to get past the issue, so you might as well bring it to light and see if you can find common ground.
Find the best way to communicate: This differs from one situation to the next. Some people are okay with the idea of communicating in person and over the phone. Others realize that this will always cause an argument, so email and text messaging is best.
These are the types of tips you can use to ease the stress of co-parenting, which allows everyone involved to make the best of a challenging situation.
If your ex doesn’t care to follow the parenting plan and visitation schedule, talk to them about your concerns. A simple conversation may be enough to show them that you’re serious.
Should they continue to violate court orders, learn more about your legal rights, including your ability to request a child custody modification.]]>On Behalf of The Law Office of Robert Goldsmithhttps://www.robertgoldsmithlaw.com/?p=466832022-08-02T10:36:11Z2020-04-14T19:28:11Zmodern California divorces are no-fault, meaning there's no placement of blame required in order to successfully end a marriage.
Only one spouse has to want the divorce
No-fault divorce means that either spouse has the legal right under California law to file for divorce at any point in the marriage. They must only claim to the courts that irreconcilable differences have impacted your marital relationship. If one spouse claims that the couple no longer functions properly, that's the only requirement for a divorce in California.
No evidence is required to prove that claim, even in the event that their spouse denies the assertion of the breakdown of the marital union or insists that they want to remain married. Both spouses must agree to remain married, but one can decide for both to end the marriage. In fact, it is possible for people to file divorce when their spouse is either incarcerated or held in a mental health facility against their will.
Filing no-fault divorce is faster and much cheaper than proving fault
Divorce can already be a difficult, protracted process when spouses don't agree about the best way to split their assets or how to share parental authority and parenting time. If, on top of sorting out asset division and custody arrangements, the courts also have to rule on evidence regarding the nature of the relationship or the troubles the spouses have encountered, divorce could easily take much longer and cost substantially more for the people involved.
By granting no-fault divorces, the California family courts streamline the end of a marriage and help people reduce the financial impact that divorce often has. Even in cases of divorce stemming from abuse or infidelity, no-fault filings can benefit both spouses and any children they share by keeping allegations about marital misconduct out of the courts and minimizing the court costs.]]>