Tag: <span>Divorce in California</span>

family-law

Divorce and Children: Psychological Reactions & Solutions 4 a…

October 14, 2022December 10, 2022
by Dr. Thomas Maples

Words of Wisdom

Original Article Posted at drthomasmaples.com

Divorce - boy sitting with brown bear plush toy on selective focus photo

The Psychology of Divorce

As a family therapist, I oftentimes see children who have been labeled by their schools, parents, or other professional parties involved in their life with behavioral disturbances. What is not seen, or is oftentimes overlooked by these parties is the effects family stress has on the development of emotional conflicts that underlie their problematic behaviors.

While divorce is a common occurrence in our country, and children are ultimately left to make sense of the fallout from a family divided, their interests are oftentimes overlooked by the loved ones and professionals who are charged to keep their best interest in mind as their burgeoning minds develop key understanding about what it means to relate with others, find love of self within, accept one’s emerging emotional landscape, develop an autonomous and independent identity, and ultimately learn how to love others in the fruitful garden we call life.

Children’s Mental Health

While divorce is common, our children’s reactions to it may differ. Some factors that may increase problematic behaviors include temperament, personality, and whether pre-existing mental health conditions are present. While children are each unique, as a parent, it is key that you understand your child’s emotional state pre-separation so that you can help them to identify and work through the emotions that underlie any problematic behaviors that arise.

Ultimately, you will teach your child to grieve the death of their parent’s relationship, work through it, and accept the emotions they have about your separation. Through this process, they can develop new healthy relationships with you and your ex as independent parents, both capable of guiding them to a sense of homeostasis. This is the foundation of creating a co-parenting journey for your child to become a healthy adult.

Although this may sound like common sense, it is often all but common practice as parents’ are grieving themselves. More common is a trajectory of grieving parents getting lost in their personal battles, forgetting to help their children tend to the garden of their emotional grief.

Divorce Reaction

If you are undergoing a divorce, child custody litigation, or are thinking about ways to break the news to your child, there are some things you can prepare for to help yourself and your child deal with the onslaught of stress caused by an impending separation.

Realize your child will lose contact with a major influence in their life. While custody arrangements may dictate what parent has their child’s legal or physical interests as a primary responsibility, this does nothing to negate the loss of a parent, the psychological equivalent of undertaking a death in the family. While not an excuse, children cannot express themselves in a manner equivalent to adults, who, at times during the divorce process, maybe as conflicted as their children are in handling the emotional distress caused by separation and divorce.

What can you Do?

1. Create active and empathic communication between yourself and your child(ren) as it relates to your mutual emotional states (but do not communicate the affairs of the divorce or conflict/be neutral)

Children learn emotions and emotional reactions through watching your reactions to emotional distress. Through communication, you can both learn and teach your children effective ways to handle stress.

2. Be firm, fair, and consistent in your rules and expectations.

Children undergoing divorce may have emotional and behavioral outbursts. Expect them to cry, yell, swear, or possibly show even more volatile behaviors that will need to be addressed professionally. They have lost a parent and are undergoing highly conflicted emotional states as they learn to adapt to two home environments.

3. When in doubt, seek professional help.

Children who undergo divorce can have severe emotional reactions, sometimes leading to sexual promiscuity, use of drugs or alcohol, or face significant school-related deficits as they learn to handle the emotional stress present in adapting to a family divided.

Stay tuned for more on Childhood, Divorce, and the Emotional reactions common to a family divided.

Dr. Thomas Maples

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Divorce

8 Steps to Get a Divorce in California: The…

August 10, 2022December 10, 2022
by Dr. Thomas Maples

Guide 4 Divorce in California

Considering a divorce in California? You will want to know what the process entails. Dissolving a marriage can be a complicated process, but with the help of an experienced family law attorney, it can be much easier.

This blog post will outline steps 1 through 4 of the 8 steps you need to take to get a divorce in California. Remember that every situation is unique. Always consult an attorney before undertaking any legal proceedings.

Overview of California’s 8 Steps

No two relationships are ever the same. This means that breakups aren’t, either, and your process will vary according to what type of divorce you choose and your particular needs.

That being said, most California divorces will require you to take these eight basic steps:

Meet state and county residency requirements.
Establish your grounds for divorce.
File the correct paperwork with your county superior court.
Execute proper service to your spouse.
Wait for a response.
Endure California’s mandatory waiting period.
Attend either a settlement hearing or divorce trial.
Receive your final divorce order.
Here’s a closer look at the first four steps and what you can expect from each.

Step #1: Residency Requirements

You can’t file for divorce in California unless you live in California. Hence, before you file for divorce, you should double-check to ensure you meet the residency requirements.

You must live in California for at least six months and in the county where you plan to file your divorce petition for three months before filing. If you don’t meet these residency requirements, you will not be able to move forward with your divorce until you do.

Step #2: Establishing Your Grounds for Divorce

California is a no-fault divorce state. A no-fault divorce means that neither spouse can blame the other for the dissolution of the marriage. The most common reason cited is irreconcilable differences. In a no-fault divorce, all that needs to be proved is that the marriage is “irreparably broken” and that there is no hope for reconciliation.

Step #3: File the correct paperwork with your county Superior Court.

After determining your grounds for divorce and meeting the residency requirements, you must file the correct paperwork with your county superior court. You will need to file a Petition for the Dissolution of Marriage and any other required forms. Once you have filed these forms, you will need to pay a filing fee. The cost can vary depending on your county.

Step #4 Execute proper service to your spouse.

After you have filed your divorce petition with the court, you will need to “serve” your spouse with the papers. You must give them a copy of the petition and other required forms. You need to have someone at least 18 years old, and not a party to your case serve the necessary documents.

Your First Steps

This article explored four preliminary steps to obtaining a divorce in California. Look out for the following article, where we will outline what to expect after the response, the mandatory wait time, the settlement hearing/divorce trial, and the divorce order.

Remember, divorce can be complicated. At times, one party may not be ready for a divorce. In that case, it may be beneficial to seek pre-divorce therapy with a licensed psychotherapist experienced in marital therapy. However, divorce may be your only option if you have thoroughly exhausted with your spouse the use of psychotherapy. Nevertheless, counseling can help you bridge the gap often found in contested separation cases. team can help you navigate the confusion of divorce, the division of property, spousal support, and the numerous other questions that arise during this challenging time in life.

More from Dr. Thomas C. Maples

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Divorce Litigation in CA

April 12, 2022December 10, 2022
by Briana White

Divorce Litigation in CA

In California, divorce litigation is a type of contested divorce. This process takes place in an official courtroom setting, where both spouses have the opportunity to make arguments and present evidence before a judge (usually through an experienced family law attorney).

Unfortunately, divorce litigation takes a lot longer than other types of divorce. It’s also more expensive, and offers less control over the outcome, meaning it’s not always the best option, for those who have other choices.

To help you get started, here’s what you need to know about divorce litigation in California, how it compares to other types of divorce, and what Maples Family Law can do to help you navigate these important matters.

Contested Divorce and Litigation

Divorce litigation (or, “divorce trial”) is a type of contested divorce, which takes place in a formal courtroom setting—complete with judge, gavel, and surely courtroom bailiff.

In contrast to an uncontested divorce, “contested” divorce simply means that you and your spouse disagree about how to resolve the terms of your split. It doesn’t have to be emotionally toxic, and can still be amicable.

Because of its cons, litigation is usually the last stop on the divorce train; a place couples go only after exhausting all other options. When this happens, litigation is initiated by one party filing a divorce complaint. Couples will then begin preparing for trial through a process that’s known as “discovery.”

At trial, spouses present this discovery evidence before a judge, and make arguments that support their side of the case. Most of the time, these arguments are made through a trusted, family law attorney (though, representation isn’t technically required).

Issues to Settle During Divorce Litigation

Unless you have a valid prenuptial agreement to speed things along, there will be a lot of unresolved issues to sort out, during your divorce trial.

Some of these questions include how you’re going to:

Divide bank accounts;
Assign marital debt;
Handle the family home;
Split retirement and investments;
Resolve child custody;
Pay child support;
Schedule visitation; and,
Allocate spousal support.

During your trial, each of these topics will be carefully discussed, argued, and sometimes even analyzed by outside expert witnesses, until a decision can be reached on each one.

How long all that takes will vary between couples, but it’s not uncommon for divorce litigation to last for months—even years.

After Divorce Litigation

Once each issue is settled, the terms of your divorce will be compiled into a final divorce order (which you will need to file with the clerk).

A divorce order contains a listing of every decision made during your trial. It summarizes your negotiations, and outlines how you’re supposed to handle things like property division, child custody, alimony, moving forward.

In general, spouses have very little say in what goes into a final order. Instead, judges make their own determinations, and you’ll be required to abide by the outcome—whether you like the terms or not.

Divorce Litigation: Pros and Cons

All divorce types have pros and cons, and litigation is no different. Before starting your journey, we suggest getting familiar with this list, to see whether a trial is right for your situation.

Litigation Pros

With so many cons, it’s easy to forget that litigation also has its perks. For instance:

You have no obligation to compromise.
You don’t have to communicate with your spouse.
The law is applied impartially, and without emotion or bias.
Children are better protected from potentially harmful situations.
Judges can subpoena hard-to-reach information out of your spouse.

In short, litigation alleviates you from having to strong-arm your spouse into cooperation. Instead, the California judicial system does that for you.

Litigation Cons

Court trials are often glamorized on T.V. In reality, though, litigation has a lot more cons than pros.

Case in point, during divorce litigation:

Everything takes more time.
You’re at the mercy of an overworked, overbooked, judicial system.
You’ll spend more money than you think.
You’ll have less control over the outcome.
You might not like the judge’s decisions.
The environment is emotionally toxic.
You’ll be more stressed.
Your children will have a harder time coping.
The transition to your family’s new normal will be harder.

In short, litigation is time-consuming, emotionally draining, and comes with a fairly hefty price tag that almost everyone would be better off without. Drawbacks that make litigation one of the least desirable ways to get divorced.

How to Make Litigation Better

Despite the downsides, in some situations, divorce litigation might be your only option. Hence, to help your trial go faster (and run more smoothly), here are three tips you should keep in mind.

1. Come to Court Prepared

Being prepared can go a long way to making your process run like clockwork. This means coming to court ready to participate in the day’s agenda. It means doing your research. Having all your documents together. And never missing a deadline.

Preparation saves valuable time in the courtroom, keeps cost to a minimum, and helps mitigate the chances of unexpected surprises cropping up at a future date.

2. Don’t Dig in Your Heels

Technically, you don’t have to compromise during litigation (after all, that was one of the perks, right?) That being said, just because you don’t have to, doesn’t mean you shouldn’t.

Couples who dig in their heels and argue about every little thing are the ones most likely to end up with years-long divorces. Not only does this back and forth drag down your timeline significantly, it also drives up your bottom line, and creates an incredibly toxic environment that’s hard on everyone—especially young children.

At the end of the day, your judge is going to make decisions, with or without your cooperation. However, engaging in thoughtful compromises can go a long way toward securing a quicker resolution.

3. Avoid Litigation at All Costs

Finally, we hate to be the bearers of bad news and all that, but in all seriousness? The best way to make divorce litigation better is to simply avoid it, altogether.

Contrary to what Hollywood might have you believe, litigation is not the only way to dissolve a marriage—in fact, it’s probably the worst. Because despite its few benefits, no other process is as time-consuming, expensive, or aggravating as a divorce trial.

That’s why, rather than heading straight to the bench, we recommend you try an alternative method of dispute resolution, first.

Two examples of this are mediation and collaborative divorce. Each of these processes takes place out of court, is faster, less expensive, and gives the spouse more control over the outcome. With so many benefits (and very drawbacks), there’s no reason to at least try one of these methods, before heading to trial.

If you’re unsure, an experienced family law attorney can help figure out if one of these methods would work better for your situation.

Are You Preparing for Divorce Litigation in California?

Trials might not be all they’re cracked up to be, but if you’re unable to reach an agreement outside of court, you might not have other options. Luckily, with the right attorney, your day at court doesn’t have to be as stressful as you might be thinking.

For more questions about divorce litigation in California—and what other options you might have—we want to hear from you. Call the Maples Family Law team at (209) 989-4425, or get in touch online, and let us help you through this important life transition.

Inspiration and Hope from Dr. Thomas Maples

Dr. Thomas Maples is a business development consultant for Maples Family Law. His podcast, A Sacred Journey, Inspiration VLOG, and Blog are a free resource open to all who need a little help navigating life difficulties.

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Final Divorce Order

February 4, 2022
by Briana White

Divorce involves a lot of really important decisions. Which means that—between dividing property, divvying up child custody, and figuring out mortgages (not to mention, family pets)—you’ll have a lot to keep track of, post-divorce.

Luckily, there’s one document that’ll have all the answers: your final divorce order.

A final divorce order is a legal document containing all of the decisions made during your divorce. Once approved by your judge, these terms are non-negotiable, and are fully enforceable under California law.

Here’s what you need to know about final divorce orders in California, and how Maples Family Law can help you get the best results possible.

What is a Final Divorce Order?

In California, a final divorce order (or “divorce decree”) is a document that formally ends your marriage, and is something you’ll receive at the conclusion of your divorce proceedings.

Not to be confused with a “divorce certificate” (which merely acts as proof of your marital dissolution), a divorce decree is a judicial order that contains a summary of all the decisions made during your divorce, including all of the rights and responsibilities that will govern your post-divorce life.

Since every divorce is different, no two final orders will look exactly the same. However, some of the items that may be addressed in your final order could include:

Separate and marital property
Marital debt
Child custody
Visitation schedules
Child support
Alimony

Since a decree is essentially just a summary of your divorce negotiations, these terms shouldn’t surprise you. (If they do, then you should probably notify your attorney, immediately).

Exactly how much control you have in deciding these terms can actually vary significantly, however, depending on what type of divorce you choose.

Divorce Types and Divorce Orders

There are some things about a divorce order that are simply non-negotiable (such as child support minimums, which are set by California law, and can’t be messed with). But there are other areas that you and your spouse can exert control over—some more than others, depending on how well you’re able to communicate—and the type of divorce you choose.

Here’s a closer look.

Uncontested Divorce

In California, the fastest way to a final divorce order is through an uncontested divorce.

In this type of divorce, both spouses agree on all the major terms of their breakup, and, with nothing left to “fight” about, these couples can achieve a split by simply compiling their terms into a “marital settlement agreement.”

To be valid, this agreement must be signed by both parties, and should address your collective decisions about property, alimony, and children (if applicable). At your hearing, a judge will review this paperwork, and incorporate the terms into a final divorce order (so long as your arrangement is fair to both sides).

Although it’s the most direct path to a final divorce order—and offers the most control—this type of divorce generally only works for short marriages, those with very little property and no children.

Divorce Mediation

The next best thing to an uncontested divorce route, is through divorce mediation.

Divorce mediation is an informal negotiation process that takes place outside of court, and is sometimes required if you have children. These meetings are supervised by a neutral, third party “mediator,” who acts as a referee, and helps couples reach a settlement without need of a judge.

If successful, the agreement you reach will be codified into a settlement agreement, and submitted to the court for review (much like in an uncontested divorce). In order to be binding, this document must be signed by both parties, and—for best results—should be overseen (and approved) by your trusted family law attorney.

A judge will review this agreement at your hearing, and—so long as it meets certain requirements (such as state child support minimums)—these terms will be incorporated into a final divorce order.

Another alternative dispute method you might try is collaborative divorce. However, if neither of these options work, you’ll have to proceed on to a divorce trial.

Divorce Litigation

Not only is litigation the longest route to a final divorce order, it’s also the least loved. This is because it’s—by far—the most expensive and time consuming of all divorces. In addition, this path offers couples the least amount of control over their final outcome, and is the most stressful and emotionally draining.

In a divorce trial, both sides gather evidence, which will be presented to the court in an attempt to sway a judge one way or the other. Each and every issue—from property to alimony—must be settled this way. And, at the end of this laborious process, you are presented with a final divorce order that consists of decisions you had very little say in making.

Hence, we suggest avoiding this route, if at all possible.

Enforcing a Final Divorce Order

You may not like them, however, once finalized, the terms of your final divorce order are non-negotiable. In California, divorce orders are fully enforceable, and failure to comply can result in some fairly hefty financial and/or legal consequences.

Some of these consequences could include wage garnishments, fines, liens, arrests, jail time, and even contempt of court (a serious criminal charge that will go on an offender’s permanent record).

Before you head back to court, however, try talking to your ex, first. Oftentimes, noncompliance is a result of a simple understanding, or else vague terms that need clarification, and can be resolved without judicial interference.

If there are legitimate reasons things aren’t working, talk to your attorney about modifying your order. As a general rule, contempt of court should always be a last-ditch resort.

Do You Need Help Finalizing Your California Divorce?

Divorce orders have a huge impact on post-divorce life. This document will govern important financial decisions, influence family dynamics, and affect you for years to come—even into retirement. Which is why it’s so important to make sure it’s drafted correctly, the first time around.

If you have more questions about final divorce orders in California, we want to hear from you. Call the Maples Family Law team at (209) 989-4425, or get in touch online, and let us help you negotiate the best terms possible.

Divorce

Enforcing a Divorce Order

November 6, 2021
by Briana White

The last thing anyone wants to do after getting divorced is head back to their attorney’s office for post-divorce services—especially if those services involve enforcing a divorce order.

Unfortunately, that’s exactly what a lot of people have to do.

On the bright side, divorce orders are not optional, so this is one lawsuit you’re likely to win. These directives are like personalized laws made just for you and your ex, and failure to comply can carry significant legal and financial consequences.

Here’s what you need to know about enforcing a divorce order in California, and what the Maples Family Law team can do to help you navigate this stressful situation.

What is a Divorce Order?

A divorce order (or “divorce decree,” as it’s sometimes referred to in California) is a legal document that formally ends your marriage, and encompasses all the terms of your divorce.

These terms are kind of like directions, which tell the individual spouses what they need to do, after divorce. Some of the edicts might include:

How to divide marital property
How to divide marital debt
The duration and amount of alimony
Legal and physical custody arrangements for minor children
The amount and duration of child support

These terms are specifically constructed to fit each family’s unique situation, and whatever your judge includes in this order must be followed by both parties.

However, that doesn’t always mean that they are…

Enforcing a Divorce Order in California

So now you’re here. Your divorce is over, the ink on your decree is dry, and you thought things would start getting back to normal, but they aren’t. Because your ex is refusing to follow the judge’s orders.

What now?

If you are dealing with an uncooperative ex, here are five steps you need to take when enforcing your California divorce order.

1. Make Sure You’re Squeaky Clean

First and foremost, do not open that “motion to enforce” can of worms until you’re absolutely sure you’re all caught up on compliance, yourself. Heading back to court any time before that is too risky because your judge certainly won’t be wearing blinders in that hearing.

Once you file a motion to enforce, the court has the liberty of reviewing all the terms of your divorce order—not just the ones you want to complain about. Which means they’ll be reviewing the things you may or may not be lax on, yourself.

Don’t give your judge the opportunity to find something wrong with you, too. Before doing anything—especially going to court—be sure that you’re 100% compliant with your own responsibilities. Otherwise, things could backfire.

2. Figure Out Exactly What They Aren’t Doing

While making sure your own compliance is up to snuff, be sure to take a look at your divorce order, and identify the specific terms that your ex is not complying with.

Whether they’re late on child support, have failed to vacate the house, or aren’t following through on specific custody or visitation arrangements. Whatever it is, be specific. Know the exact terms and the precise violation.

This attention to detail will help you document the problem more accurately. In turn, having specific, targeted evidence will help you negotiate succinctly with your spouse, and strengthen your arguments, if you do end up going to court.

3. Gather (Specific) Evidence

Now that you know the exact violations, you can start gathering specific evidence to support your complaints. If they aren’t keeping up with visitation schedules, then keep a journal of dates and times when things went wrong, as well as the conversations you’ve had to try and remedy the issue.

On the other hand, if they aren’t following through on alimony, or debt responsibilities, then perhaps gathering financial documents might be helpful.

Whatever the infraction, strong evidence will help you meet your burden of proof as the injured party, if you end up having to litigate.

4. Talk to Your Spouse

Hopefully, you’ve been doing this step the whole time, but if you haven’t yet, we recommend trying to work things out with your ex, before heading back to a judge.

As you already know, attorney’s fees don’t come cheap. While an injured party is often able to recover these expenses, it’s not necessarily a guarantee, and it’s always easier to just not have to in the first place.

Sometimes individuals are capable of working things out on their own. Other times, the structure of mediation is more effective. Either way, it’s almost always better to exhaust your “out of court” options before trying anything else.

5. File a Motion for Contempt of Court

If negotiations fail, then the only option you have left is to file a “motion for contempt” with the court.

Contempt essentially means that someone has either intentionally (or negligently) failed to follow direct orders from a judge. When filed, this motion should highlight the specific areas of the complaint that were violated, and list the reasons why contempt is the appropriate charge.

After you file this motion, your ex will have the opportunity to respond, and then both of you will be assigned a hearing date. At that time, you’ll be able to present all of that carefully gathered evidence you acquired in Step 3.

Contempt is a serious criminal charge, which can result in steep legal fines and even jail time. If your ex is not complying with your divorce order, talk to your family law attorney about whether or not this motion is appropriate for your situation.

Attorneys Who Can Enforce a Divorce Order in California

Going to court was stressful the first time around, and the last thing you want to do is head back there again. Unfortunately, sometimes that’s the only way to get an ex to cooperate, which is why you need an experienced family law attorney on your side.

If you have more questions about enforcing a divorce order in California, and whether legal action might be necessary in your situation, we want to hear from you. Call the Maples team at (209) 989-4425, or get in touch online, and let us help ensure your rights are being protected.

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Dating During Divorce

September 1, 2021
by Briana White

One question that clients sometimes ask us is, “What happens if my spouse is dating during divorce?”

It’s a fair question. Until the ink dries on your order, you’re still technically married, and in many jurisdictions, infidelity can have a significant, detrimental impact on how divorce proceedings shape up—particularly when it comes to things like property division and alimony.

So, what does that mean for you? Do you need to be worried about dating during divorce in California?

We’re glad you asked.

Breaking the Marriage Contract: Fault or No-Fault?

Marriage might mean a lot of things to a lot of people, but for legal professionals it all boils down to a contract; a legally binding agreement for two adults who have decided to share their lives together.

Divorce, then, is the opposite. It is the severing of one life into two, so to speak. When this happens, the marriage contract (which was created on your wedding day), must be broken.

In general, there are two ways to do this: 1) No-fault Divorce, where neither party shoulders blame for the breakup; and 2) Fault Divorce, where the guilty party is held accountable for their role in the marriage’s failure.

Back in the day, pretty much every jurisdiction required you to show proof of fault in order to get a divorce. These days, however, it’s the opposite, with every state now offering some kind of no-fault divorce grounds, and most doing away with fault, altogether.

But how does fault apply to dating during divorce? you might be wondering.

Because, dear reader, in some jurisdictions, dating during divorce could actually trigger a claim for fault-based divorce grounds.

Dating During Divorce and Fault

Fault-based divorce grounds come in a variety of shapes and sizes, from felonies to infertility, and other things in between. However, the one thing that all fault states have on their Naughty List, is infidelity.

Infidelity (or adultery) is when two people engage in sexual relations, and at least one of them is already married… to someone else.

In a fault-based jurisdiction, this could potentially mean the cheater gets less marital property, less alimony, and/or saddled with more than their fair share of marital debt. All of which is meant to penalize them for causing the marriage contract to fail.

Of course, dating during divorce doesn’t always lead to sex, but it often does, and those who do are leaving themselves wide open to grounds for adultery—claims that can have some pretty catastrophic ramifications for cheaters living in a fault-based jurisdiction.

However, luckily for cheaters in the Golden State, California is not one of those jurisdictions.

California and Fault-Based Divorce

California is one of the many states that have completely done away with fault-based divorces. So, not only are you (legally) permitted to commit adultery to your heart’s content, you can also date during divorce without having to worry about putting your share of marital property in danger. (Not that we’re promoting adultery or anything, here, because obviously, that’s not cool. We’re just saying that dating isn’t likely to raise any legal red flags.)

The only way cheating might be held against you in divorce court, is if you included an infidelity clause in your prenuptial agreement. So long as the prenup is valid, the court will likely enforce whatever penalties you willingly submitted yourself to when you got married.

That being said, even if you aren’t having sex, there are still a few things you might want to be warry of, if you’re thinking about dating during divorce.

Dating During Divorce in California

Alright, so you’re legally permitted to commit adultery in California. Cool. So, does that mean dating before everything is official never impacts a divorce’s outcome?

Not exactly.

While California courts won’t consider fault—and, by extension, infidelity—when dividing up assets, there are a few things you might want to remember, before powering up your Tinder profile…

1. Marital Money Doesn’t Belong to You, Alone

California courts might not penalize you for having an affair, but that doesn’t mean you’re free to spend marital assets on your new squeeze.

California is a community property state, which means anything that either of you acquire after marriage, belongs to both of you equally—no matter whose name is on that paycheck. This means that if your divorce isn’t finalized yet, you’re not just spending your money on your dates. You’re spending your spouse’s money, too. (Awkward.)

Hence, your judge will likely require you to reimburse whatever money you spent on dates before divvying up marital property. And, depending on how discreet you were (and how long you were dating before divorce), this could end up being a lot.

2. Don’t Neglect Your Children

Just like dating won’t directly affect marital property, neither will it directly affect your custody arrangement. However, it could have an indirect effect…

In California, custody decisions are made according to the best interest of the child. If you are neglecting your child in favor of your dating life, or if your dating life is exposing them to harm in some way, then the court might think twice about how large a role you should play in your child’s life, post-divorce.

Bottom line? If dating during divorce, keep your priorities straight, and remember that being a parent comes first.

Dating During Divorce: Just Don’t

Like with many things in life, just because you can date during divorce, doesn’t mean you should.

Breaking up with a spouse is extremely stressful. This is someone you once loved enough to say, “I do,” so even if you know it’s the right decision, there will still be a lot of complicated emotions clouding the waters. (Not to mention demands on your time). And those aren’t the most ideal conditions for starting a new relationship.

Do yourself a favor, and simply don’t date during divorce. Your kids need you right now. You need you right now. Wait until everything is finalized; until you’re in the right frame of mind to give your full heart to someone new.

Trust us, you’ll be glad you did.

Divorce Attorneys in California

While dating during divorce is unlikely to have a direct impact on your breakup, it’s not necessarily the best idea—especially when kids are involved. If you have more questions about why, or want to discuss other divorce-related questions, we want to hear from you. Call the Maples team at (209) 989-4425, or get in touch online, and let us help this process run smoother for you.

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Pet Custody

April 23, 2021April 22, 2021
by Briana White

For a lot of people, pets aren’t just animals, they’re beloved members of the family. These loving, loyal furry friends have the power to enrich our lives in unique and irreplaceable ways, so it makes sense that when it comes to divorce, fights over who gets to keep the family dog can get pretty heated.

Luckily for pet owners, California’s new pet custody law ensures that the needs of your pet are carefully considered during divorce, and that they aren’t just thrown around like the family couch.

Here’s a closer look at pet custody laws in California, and how the team at Maples Family Law can help you.

Pets, Property, and Divorce

We love our pets. They may not be human, but that doesn’t stop us from caring about them a great deal. At the same time, because they’re not human, dividing pet ownership in a divorce used to be a little tricky. Without specific guidelines, judges were forced to determine pet ownership according to the normal laws of community property.

Which, we should point out, is how a lot of states still operate. Take a look.

Pets of the Past

California is a community property state. This means that whatever you acquire after tying the knot—be it a house, loan, dish set, or credit card—belongs to both of you equally (regardless of whose name it’s in). Essentially, “what’s mine is yours,” and upon divorce, this jointly shared property needs to be divided.

Until recently, this is how pet ownership was treated during divorce. Judges would look to see whether or not the pet could clearly be classified as the separate property of one of the spouses. If not, the pet was deemed “community property” (or, in other words, the shared property of both partners), and the pet battle commenced.

Without specific laws to reference, though, this became a unique challenge for divorce court judges, all of whom had their own methods of trying to solve the problem. Some placed the dog in the middle of the room, and awarded ownership to whoever the pet went to first. Others might simply split the pet brood down the middle, giving each spouse half of the fur babies.

Needless to say, it was an inadequate system. And luckily, pet owners no longer have to stress that the fate of their feline friends will be at the mercy of so much guesswork.

Pets of the Present

The problem with pets being treated as straight property, of course, is that they are alive. Just like humans, they have emotions and needs (albeit more primitive than our own). Hence, the dichotomy between living thing and physical property was a conundrum that courts struggled to balance.

Lawmakers addressed this problem in 2019, by passing Assembly Bill 2274, which updated the California Family Code, giving judges the option to assign joint and sole custody to pet owners, upon divorce.

Now, instead of being bartered and fought over like a set of silverware, California pet custody is being treated a lot more like child custody.

Pet Custody Under Assembly Bill 2274

The biggest difference about California’s new guidelines is that instead of treating animals like straight property, judges are now allowed to make decisions that put the pet’s well-being at the forefront. (Remind you of anything?)

This is a lot like child custody, where a child’s best interest is the driving force behind custody and visitation. While pets are still (technically) considered property, under Assembly Bill 2274, judges can consider things like which spouse:

Has the strongest relationship with the pet;
Carries out the most day-to day care;
Plays with the pet;
Takes the pet to the vet;
Ensures that the pet stays in good health;
Can provide the safest environment;
Can handle the expense of the pet;
Whether there are other children who are emotionally dependent on the pet; and, of course,
The existence of any abuse or violence toward the pet.

Joint Pet Custody and Visitation

Under Assembly Bill 2274, pet ownership doesn’t necessarily have to be all or nothing. Indeed, when making these decisions, judges have the flexibility to award joint ownership, so that the pet can continue to enjoy a relationship with both spouses. And, of course, where there’s joint custody, there’s also visitation.

In the event you’re awarded joint pet custody, you and your spouse will need to settle on a visitation agreement. This operates in much the same way as a visitation schedule for a child, and, indeed, similar templates and schedules are often used by attorneys when drafting pet exchange calendars.

Of course, all these new guidelines do beg some interesting follow up questions. For example, if pet custody, then what about pet support? Can a judge require the non-custodial pet spouse to provide payments for a pet’s upkeep? Only time will tell how these questions will be answered.

Which Pets Qualify?

Bird and aquatic pet owners out there might be wondering whether or not their animals qualify for protection under California’s new guidelines. And the answer probably depends on what you view as a typical pet.

While Assembly Bill 2274 doesn’t list the specific animals that do and don’t apply, it does say that the additions are limited to “pet animals,” which it clarifies as being “any animal that is community property and kept as a household pet.”

With this in mind, it seems reasonable to assume that dogs, cats, rabbits, hamsters, fish, birds, and even a turtle might qualify. However, it’s questionable whether the statute would extend to animals like pigs, goats, chickens, a pony, or even something exotic, like a tiger.

Exceptions

Regardless of whether you have a support dog or a comfort pony, these laws do not apply to service animals.

Support and service animals serve a special purpose to their human counterparts, and Assembly Bill 2274 cannot be used to separate these pairings. Instead, it is simply meant to keep pets from being used as bargaining chips, and tossed around at random to the highest bidder.

In fact, because the pet’s well-being is the driving force behind these new rules, judges even have the power to award the animal to one spouse, even if it is technically the separate property of the other. This may be needed in cases of domestic violence, where the pet is being abused, or if one spouse needs the pet for mental health reasons.

Don’t Wait for Divorce

In the end, if the future of your pet is that important to you, don’t wait for divorce to roll the dice for you. Contact your family law attorney today, and have your pet custody arrangement drafted in a marital agreement. For those who aren’t married, a prenuptial or cohabitation agreement, might be more appropriate.

These contracts can be drafted to dictate your pet custody desires, giving you the peace of mind in knowing that your pet’s future is secure, even if you break up.

Pet Custody Attorneys in California

At Maples Family Law, we understand how important your pet is to you. As pet lovers ourselves, we take the time to make sure that the needs of your pet are fairly considered in your divorce.

For more questions about how California handles pet custody, we want to hear from you. Call the Maples Family Law team at (209) 989-4425, or get in touch online, and let us help you ensure a bright future for your pet in your family’s new normal.

family-law

Divorce in California

February 25, 2021February 2, 2021
by Briana White

If you’ve never experienced it before, divorce can be an intimidating process. Between filing the correct forms, locating documents, and keeping track of deadlines, there’s a lot to remember, and, without help, the journey can quickly become overwhelming.

To help you out, this article will walk you through the basic steps of how to get a divorce in California, and how the lawyers at Maples Family Law can make this process easier for you.

Residency Requirements

If you want a divorce, one of the first things you’ll need to do is make sure you meet the residency requirements at both the state and county levels.

In order to file in California, you will need to have lived in the state for at least 6 months. For residents of San Joaquin county, the requirement is three.

If you’ve fallen short in either of these categories, you don’t need to worry. There is a lot of busy work that needs to happen before you file, anyway. While you wait, discuss your situation with a family law attorney, who can make sure you have all the necessary information on hand to hit the ground rolling.

Important Dates

Regardless of what documents are required for your, individual case, two important dates you will certainly need are your: 1) date of marriage; and, 2) date of separation.

These dates are important, because they’re used to help determine your interests in marital property.

California is a community property state. This means that all assets acquired after marriage belong to both of you equally—regardless of whose name is on the paycheck, account, or card. Unless you have a valid prenup saying otherwise, this shared interest continues up until the time of separation.

Determining your date of separation is much simpler, if you and your spouse had a legal separation. Those couples who didn’t make separation official will need to comb through emails, texts, and other informal documents to prove this date to a judge.

Immediate Orders

Another thing to consider before filing, is whether or not you’ll need a temporary order.

Temporary orders are provisional (meaning, they have a set expiration date), and can be used to prohibit certain behaviors or dictate responsibilities while your divorce is pending.

These can be tailored to meet your individual needs, but are often used to:

Dictate parental responsibilities, such as child support, custody, and visitation;
Require spousal support payments; and even,
Outline living arrangements and the bill-paying responsibilities of each spouse.

Temporary orders can be especially useful for those who might be worried about spousal retaliation. In these scenarios, a temporary order can prohibit your spouse from emptying bank accounts, destroying property, and fleeing across state lines with your children.

If physical retaliation is a concern, a Domestic Violence Restraining Order would likely be more appropriate. If the threat of harm is immediate, your attorney may be able to request an Emergency Protective Order on your behalf.

If you are experiencing abuse or domestic violence of any kind, remember that keeping yourself and your children safe is paramount to everything else.

File Documents

After your paperwork is complete, you will need to take your documents to your local family court to file them, and to pay the associated fees. In California, the filing fee for an original petition of divorce is $435.

If you are trying to execute a D.I.Y. divorce, this fee will be your responsibility. Those who utilize an attorney, however, do not need to worry about these technicalities. When you hire a lawyer, they are in charge of making sure all the necessary paperwork is filed on time, and that fees are paid (the amounts of which will be deducted from your retainer).

Serve Your Spouse

Once divorce has been initiated, the next step is to notify your spouse—and this cannot be done with a simple phone call or text message. Proper notification (or “service,” as is the legal term), is done by giving physical copies of all paperwork to your spouse, in person.

As a party to the case, however, you are not allowed to serve divorce papers on your spouse. Other than that, though, the requirements are pretty open, meaning it’s usually not necessary to hire a professional process server.

For service to be proper in California, your server must be:

At least eighteen;
Not affiliated with the case;
Serve papers within sixty days of filing;
Fill out a Proof of Service form; and, finally,
Deliver the Proof of Service to you, so that your attorney can file it with the court.

Failing to complete proper service could put your case in danger of dismissal.

If you are unable to meet the sixty-day timeframe, your attorney can request more time. This extension is often needed by spouses who have been abandoned, and don’t know how to locate their partner. In these situations, the court will sometimes make an exception to in-person delivery, and allow you to utilize another method of service.

Waiting for a Response

Assuming you have executed proper service, your spouse will then have thirty days to respond to your petition. To this end, their options are:

True Default—do nothing, by not engaging or responding to your petition at all;
Uncontested Divorce—do nothing, because you already have a written, notarized agreement outlining your terms;
Respond in Agreement—file a response with the court, confirming agreement with your proposed terms; or,
Respond in Disagreement—file a response with the court contesting your proposed terms.

It is almost never a good idea to allow your case to default—even if you do not want the divorce to happen. Refusing to engage will not stall out proceedings. Instead, the court will simply grant the divorce as though you had agreed to all the terms.

Needless to say, this is almost never in your best interest.

During this thirty-day period, you and your spouse are also free to work out a settlement—either between yourselves, or through mediation. If successful, you can submit a marital settlement agreement with the court, which will then become your official divorce order.

When Issues Can’t Be Resolved

Those who are unable to reach an agreement must engage in litigation.

Divorce litigation is a traditional court trial, where both sides are represented by an attorney, evidence is presented, and the issues are decided by a judge. Litigation is by far the most expensive, time-consuming, and least flexible way to secure a divorce. So it’s usually a good idea to at least try to settle, before proceeding to trial.

Single Status

If you are planning to remarry after your divorce, keep in mind that in California, you are not considered to have reached “single status” until six months and one day from the time of service.

If your divorce has not been finalized within this time, you can file a Single Status Affidavit with the court, which will allow you to proceed, in lieu of a final judgment.

Naturally, you are not automatically divorced, just because six months have passed. In all cases, you will still need to either resolve issues amicably with your spouse, or through the court.

Divorce Lawyers in California

Divorce isn’t simple, which is why so many people choose to hire personal representation. Armed with education and experience, an attorney can guide you around major pitfalls, handle tedious paperwork, and ensure your best interests are being protected at all times. Freeing up your mental energy, so that you can channel it where it’s needed most: your family.

If you have more questions about Divorce in California, and how this process might apply to your situation, we want to hear from you. Call us at (209) 989-4425, or get in touch online, and let the team at Maples Family Law help make this process a little easier for you.

family-law

San Joaquin Criminal Defense Lawyer

February 23, 2021February 2, 2021
by Briana White

Unfortunately, it seems as though the people we love most are usually the ones who end up hurting us the worst. In a family setting, emotional hurt generally makes up the bulk of this pain. However, in the wrong circumstances, the vulnerability of family relationships can easily be twisted, leading to things like domestic violence, abuse, and other serious crimes.

Because of this, family law often shares real estate with criminal law—despite the fact that they technically fall under different court systems. Here, we will discuss some of those crossover situations, and when you might want to include a San Joaquin criminal defense lawyer in your family law case.

Civil and Criminal Crossover Cases

Most of the time, family law matters fall under the civil court system. In civil court, individuals bring suits against each other, and usually arise over things like divorce, property disputes, torts, and contractual obligations. This is different from criminal court, where the government (either state or federal) brings a case against a citizen, directly.

For example, take domestic violence. While it is a family law issue (and thus, subject to civil court), as a crime protected by California’s domestic violence laws, these actions are also subject to criminal ramifications. Here, the government would not need your permission to press its own charges. Once a case has been filed, the government—as an entity—can choose whether or not it wants to pursue other penalties—regardless of how you feel about the matter. Thus, in these situations, a perpetrator could end up facing consequences in both civil and criminal courts.

As family law attorneys, here are some of the most common crossover cases we see between family and criminal law.

Domestic Violence

Domestic violence is defined by harm caused inside of an intimate relationship, and it is one of the most frequent crossovers to come up family court. While most people think of harm as hitting, bruising, and breaking bones, domestic violence actually extends beyond that. Harassing, stalking, threatening, destroying property, making threats—even if they are against another person, and not to you, personally—are all behaviors that fall under the domestic violence umbrella.

In addition to whatever civil court consequences can be earned here (such as divorce orders, damages, and possible alterations to child custody and visitation), the state might also choose to press charges. Depending on the facts, domestic violence can either be classified as a misdemeanor or a felony. Perpetrators could be fined, charged with probation, earn jail time, and even end up in a state prison.

Sexual Abuse

In addition to general provisions regarding sexual assault and rape, California’s penal code specifically mentions spousal rape—because being married doesn’t mean you get to have sex whenever you want. Consent is still critical. Thus, individuals convicted of spousal rape could face the better part of a decade behind bars, pay steep fines, and end up as a registered sex offender for life. Other types of sexual abuse (such as nonconsensual groping, oral, or other touching using threats, force, or harm) can also trigger a crossover cases between family and criminal courts.

The penal code further clarifies that community property cannot be used to assuage liability under these charges. So basically, even if your ex tries to bribe you, by offering a favorable property split in your divorce if you drop the charges, this wouldn’t eliminate whatever penalties are coming from the state in criminal court.

Child Abuse

Other common crossover cases involve children, where abuse, endangerment, neglect, and abandonment are most likely to surface. Typically, California courts do not look kindly on individuals who have committed these crimes, and can levy a sentence of up to six years in state prison, if convicted.

A person who has:

Intentionally hurt a child;
Leaving visible injury; whose actions were,
Outside normal disciplinary actions,

Would likely be guilty of child abuse. In California, spanking your child is legal, however since there’s a lot of interpretation involved in this, if your discipline has been called into question, it’s best to discuss options with your San Joaquin criminal defense lawyer as soon as possible.

Juvenile Criminal Cases

Because children haven’t yet reached the age of majority, most juvenile cases are handled outside the general criminal system reserved for adults. Baring unusual circumstances, juvenile crimes are treated more like civil offenses, or rather “family,” matters, and are exempt from the full force of California’s criminal code. In a juvenile criminal case, the parents are expected to appear in court with their child, and can even be fined on behalf of their child’s behavior.

For these reasons, many family law attorneys also cover a range of juvenile criminal cases.

False Allegations of Abuse

On the other hand, it’s possible you are on the receiving end of abuse allegations. California is a no-fault divorce state, meaning that fault (including abuse) cannot be factored into things like property division. However, that doesn’t mean it wouldn’t affect your divorce at all. Especially if children are involved.

In California, every decision involving a child is analyzed based on the best interest of the child. Naturally, placing a child with an abusive parent would not be in their best interest, and so, abuse allegations—even false ones—could certainly damage a potential custody and visitation schedule in your divorce.

Because the state takes child abuse so seriously, if your spouse has falsely accused you of abuse in order to influence a custody order, it’s critical you notify your San Joaquin criminal defense lawyer as soon as possible.

San Joaquin Criminal Defense Lawyers

While family and criminal law operate under two different systems, because of the emotionally charged nature of families, the two often go hand in hand. If your family law issue has turned ugly, and you believe you need the assistance of a San Joaquin criminal defense lawyer, we can help. Call us at (209) 989-4425, or get in touch online to schedule your consultation today. Most of the time, your situation can be handled in house by our competent team of experienced family law attorneys. However, if needed, we can refer your case to other, highly qualified criminal defense lawyers.

Property Division

Dividing Retirement Assets in a Divorce

February 17, 2021February 1, 2021
by Briana White

With so many different types of plans and variables at play, dividing retirement assets in a divorce can be complicated. Especially if they existed both before and during a marriage, dashing any hopes of a clear property classification. However, considering their sizable worth, retirement accounts are one aspect of property division you don’t want to get wrong.

Fortunately, a good Stockton divorce attorney can help you get the job done without too much hassle.

Identifying Retirement Assets in a Divorce: Community or Separate Property?

When splitting a retirement plan, the first step is to identify what kind of property the account is. Like all other assets acquired by a couple during marriage, retirement funds are subject to property classification and division under California’s community property laws. Under these rules, assets are categorized as either “community” (property that belongs to both spouses equally), or “separate” (property that belong to one spouse, individually).

To classify the contents of a retirement account, timing is key. If either spouse contributed to the account while married, it is most likely community property (unless specifically addressed in a valid prenuptial agreement.) On the other hand, if the account was created before marriage—and was not added to during that time—it’s most likely separate property, and belongs solely to the participant spouse (the party who earned the benefit).

Most of the time, however, property isn’t as clear cut as “before” and “after” marriage. And when the ‘what’s mine is yours’ mentality results in blending separate and community property together, retirement division can get a little more complicated.

Dividing Retirement Assets in a Divorce

If the retirement account is classified as community property, a judge will split ownership based on the length of time the couple was married, and how this occurs will vary by circumstance. In some cases, both spouses agree to keep their own pensions and retirement accounts without taking any part of the other spouse’s. However, when one spouse doesn’t have a retirement account – or when one has a much smaller retirement asset than the other does – a judge will order the couple to split these funds another way. There are two common ways this can be accomplished.

The first, is to suspend all retirement payouts until the participating spouse actually retires. Once retirement finally rolls around, each spouse will get their share of the retirement payout for the time married. The second method, is to allow the participating spouse to keep all benefits of the retirement plan, and to offset this inequality by awarding the non-participating spouse a greater portion of community assets.

Obviously, each method of distribution comes with its own pros, cons, and risks. When assessing how to make this split, couples are always free to reach their own agreement, rather than fighting in court. One way to do this, is through mediation.

Divorce Mediation

Mediation is a non-binding negotiation process, where couples meet with a neutral third party, and try to come to an agreement on their own. This method of dispute resolution is far simpler and more cost-effective than litigation. It also gives individuals greater flexibility in determining the outcome of their own divorce terms, including the division of any retirement plans. For these reasons, a good attorney will always suggest that you try mediation before going to court.

Retirement Payout After Divorce

Once an agreement has been reached—either through mediation, or by litigation—the actual payout process will depend on what type of retirement plan you have.

For example, when dealing with a military retirement account, the length of your marriage will determine whether the participant pays out the alternate payee, or if the money will come directly from the Defense Finance and Accounting Service.

In other cases, individuals must file a qualified domestic relations order, or QDRO. A QDRO is a special court order authorizing a non-participant individual to receive a payout from a retirement account. Once a QDRO is filed, payout usually takes between 60 and 90 days, depending on how long it takes the plan’s administrator to process the documents.

These types of details—such as how payout works and how long it takes to receive—will vary for each type of retirement account. Once your Stockton divorce attorney has all the facts of your case, they will be able to give you more specific guidance on what to expect from your retirement payout process.

Retirement Plans Covered by a Prenup

Now days, it’s common for divorcing couples in California to have prenuptial agreements. These pre-marital contracts can cover all kinds of things about property division during divorce. In your prenup, you and your spouse may have agreed to several things, including the rights and obligations you each have when it comes to property (even if it was acquired during your marriage).

If a retirement account was included in your prenuptial agreement, it’s a good idea to talk to your attorney about it. The prenup can’t be grossly unfair, and if it is, your Stockton divorce attorney can help argue that all or part of the agreement is invalid.

Divorce Attorneys in California

If you have questions about dividing retirement assets in a divorce, we’re here to help. Call us at 209-546-6870 to schedule a consultation with an experienced divorce and pension attorney. Together, we’ll answer your questions, and begin building a strategy that will get you the best possible outcome in your retirement plan division.