Tag: <span>Litigation</span>

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.

More from Dr. Thomas C. Maples

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

How to File for Divorce

January 28, 2021
by Briana White

If you’re ready to end your marriage, you’re probably wondering how to file for divorce. The process can be daunting, and with so many different ways to secure a split, it can be tough to know where to start.

Luckily, it’s not a process you have to do alone.

Here’s everything you need to know about how to file for divorce in California, and how the team at Maples Family Law can help you.

How to File for Divorce: The Process

The first think you need to know about filing for divorce in California, is that you live in a no-fault divorce state. This means that—unlike in days gone by—you don’t have to assign blame in order to break up your marriage. Furthermore, neither spouse needs to secure the permission of the other. The only requirement is irreconcilable differences.

This is a massive simplification of a process that used to turn divorce court into a circus of false accusations and perjury. In lieu of these archaic notions, couples can now obtain a divorce without subjecting themselves (or their children) to a needlessly contentious environment, creating a much healthier transition, overall.

So, now that you know fault isn’t a requirement, here are the next steps to take when filing for divorce in California.

1. Talk to an Attorney

For most people, it just makes sense to work with a lawyer. Whether you’ve been married a long time or just a little while, there aren’t very many divorce scenarios where a couple is better off by not hiring personal representation.

This is because divorce law is complicated, and on your own, it’s too easy to make mistakes and give up essential rights. Some of which can be extremely expensive—if not impossible—to reverse.

An experienced attorney can help you avoid these potential pitfalls, and guide you through complex issues like child custody, spousal support, and property division without mishap, making their services well worth added hourly expense.

In general, you should only forgo representation if you have no significant assets or debt, and don’t have children. Even then, it’s still wise to have an attorney review your uncontested divorce agreement before filing.

2. Check Residency Requirements

Whether or not you choose to hire an attorney, you will still need to meet both state and county residency requirements in order to file for divorce.

In California, you must have lived in the state for at least six months. Residents of San Joaquin County will also need to have lived there for at least three.

3. Determine Which Type of Divorce Will Work Best for You

As we mentioned above, there isn’t just one way to divorce. Indeed, contrary to what Hollywood might have you believe, a high stakes court trial isn’t the only want to secure a split. Indeed, not only can you dissolve a marriage outside of court, but it’s almost always preferable to litigation.

Some of these out-of-court methods include:

For those who aren’t quite ready for the permanence of a full-on divorce, California also allows couples to negotiate a legally-binding agreement through legal separation.

The method that’s best for you will depend on a number of individualized factors. Some of these might be whether or not you have children, how amicable your breakup is, the amount of property and debt you have, and whether or not you have a valid prenuptial agreement.

If you aren’t sure, a Maples Family Law attorney can help you determine which might be best for your situation.

4. File the Correct Forms

In order to initiate a divorce, you will need to file a petition for divorce with the court, as well as a property declaration, and paperwork about child custody and visitation.

This is where having an attorney will come in handy. A lawyer will not only make sure you have the correct forms, but also that they are filled out accurately, ensuring your divorce process isn’t held up by faulty paperwork. Your attorney will also file these documents with the county clerk on your behalf, freeing up your mental energy for more important things.

If submitting paperwork on your own, keep in mind that you will be responsible for paying for any filing fees associated with these documents.

Once tendered, the county clerk will give you (or your attorney) copies of all your forms with a stamp that says “Filed.” In addition to whatever your attorney keeps, make sure to always retain copies for your own personal record, as well.

5. Ensure Proper Service

From filing, it’s then time to tell your spouse you’ve started the legal process. Forget texts, phone calls, and snapchat, though, because telling your spouse you’ve just filed for divorce requires a little more formality than a simple Facebook message.

In California, proper service requires someone to deliver physical copies of all divorce paperwork to your spouse, usually in person, face to face (though, there are some limited exceptions). As a party to the case, you cannot be the one to deliver the paperwork, however the qualifications are pretty open, and there’s usually no need to hire a professional process server.

A qualified server must:

Be over eighteen;
Not a party to the case;
Serve paperwork within the proper time frame;
Fill out a proof of service form; and,
Return the proof of service form to you, so that you (or your attorney) can file it with the court.

This step is essential. Without proper service, the court could potentially dismiss your whole case (another point for team “Just Hire an Attorney, Already”).

What Happens After Service

What comes after these five steps really depends how your spouse responds to your petition. For partners who are capable of constructive communication, a few sessions of out-of-court mediation is probably all that’s needed to iron out important issues. In contrast, couples with bad feelings, strongly opposing views, or vast amounts of property or marital debt might not be able to settle without a trial.

No matter what the emotional environment of your divorce is, however, once your petition has been properly filed and served, your spouse will have thirty days to respond. And—we should note—this isn’t really a deadline you want to be messing with.

Failure to Respond

Just like the state of California can’t keep you married if you don’t want to be, neither can your spouse, and failure to respond to properly served divorce paperwork won’t stall out the proceedings. Instead, it will just put your spouse in danger of defaulting.

In a default divorce, the court essentially treats your petition like an uncontested divorce, and proceeds as if your spouse had agreed to all the terms. Which is great, if you’re the petitioner, but not so much if you’re on the other end.

Hence, if you’re thinking about trying to stay married by not responding to service, think again. This tactic won’t work, and it most certainly is not in your best interest.

Temporary Orders

If you are worried about retaliation from your spouse during this thirty-day waiting period, talk to your attorney. If necessary, they can petition the court for a temporary order.

This type of order can be tailored to your situation. It can both prohibit your spouse from committing certain behavior, and set down guidelines to govern things like childcare, bills, and spousal support. Protecting you, your children, and your assets while your divorce is pending.

Do You Need to Talk to a Lawyer About How to File for Divorce?

If you are getting a divorce, give yourself a break, and let an attorney handle the stress of paperwork, processing, and deadlines. Not only can they relieve you of this stress, but an experienced family law attorney can also refer you to a therapist, offer valuable, case-specific legal advice, and much more.

For more questions about how to file for divorce in California, call us at (209) 989-4425 or contact us online, and let the team at Maples Family Law help guide you through this complex transition as smoothly as possible.

Spousal Support

Can Spousal Support be Garnished?

January 26, 2021February 1, 2021
by Briana White

As everyone with children knows, raising kids is a full-time job. Because it requires so much mental and physical energy, it’s not uncommon for one spouse to temporarily set aside career aspirations, and devote all his or her available attention to homemaking tasks. While this can be a great solution for some families, the downside is that the employability of the homemaker invariably suffers.

To make up for these career sacrifices, California courts will often include a provision for spousal support in divorce orders. This money is meant to compensate a homemaker for their considerable, non-monetary contributions to the family, and aid them in getting back into the workforce. And, since it’s an official court order, refusing to pay spousal support could put you in dire straits.

In California, spousal support can be garnished from wages. When this happens, your employer would be legally required to make payments before giving you your take home pay. Here’s a little bit more about how spousal support is garnished, some of the other consequences of not paying alimony, and why it’s really not a good idea to default on these payments.

Determining Spousal Support in California

To start off, spousal support, or “alimony,” is by no means a foregone conclusion in divorce. In determining whether or not these funds are needed, California courts will review a number of different factors, some of which are:

The standard of living in the marriage;
Marketable skills of both spouses;
How much the homemaker’s income has been impaired by unemployment;
If the homemaker helped contribute to the career spouse’s education (and by how much);
The homemaker’s ability to get employment without hurting the interests of dependent children;
Obligations and assets of both parties (including separate property); and
How long the marriage lasted.

Since these situational factors differ from couple to couple, so does the need and amount of spousal support in each situation. A homemaker who is independently wealthy, for example, probably doesn’t need help getting back into the workforce—even if they took a significant amount of time off work. In contrast, a parent who has spent the entirety of the marriage helping his or her spouse build a career (at their own expense), would have a much greater need for spousal support upon divorce.

Duration of Spousal Support

In California, a good rule of thumb is to assume spousal support will last half the duration of a marriage under ten years. So, if you were married eight years, you’ll probably be required to pay support for about four. If the marriage continued for six, then three years is a good estimate.

For couples that endured longer than ten years, things become more unpredictable, and in these cases, it’s common for judges to order spousal support for an indeterminable amount of time. When this happens, the paying spouse would have the burden of proof to eventually show that funds were no longer needed. In general, however, “lifetime” support is quite rare, and payments usually only last as long as it takes for the homemaker to become self-sufficient.

Collecting Spousal Support: Easement of Assignment

Not only can spousal support be garnished from wages, but it’s actually standard procedure to do so. This is because in California, every order of spousal support comes pre-packaged with an Easement of Assignment, eliminating much of the collection hassle.

An Easement of Assignment—a fancy way of saying “wage garnishment”—is a legal document requiring a person’s employer to pay a certain amount of money to someone else, before giving them their take home pay. To activate your Easement of Assignment, simply fill out the necessary forms (including attachments), and turn them into the county clerk for signatures. Once the documents are returned, you can then serve them to your ex’s employer, who will then have ten days to begin taking out the necessary funds.

This process might sound invasive, however, it’s actually quite efficient. By doing so, California courts not only decrease payor default, but also ensure that funds are available to the supported spouse regularly and on time—a win-win for both sides.

Easement of Assignment Not Required

While convenient, California does not require spousal support to be garnished from wages. So long as neither party is on public assistance, payors can request that their Easement of Assignment be put on hold, until (if ever) it’s needed. This hold can always be reversed if necessary, so payors shouldn’t view this as a way to negate spousal support obligations.

Help from Local Child Support Agency (LCSA)

Unfortunately, collecting spousal support isn’t always as easy as filing an Easement of Assignment—especially if your ex doesn’t have full-time employment. While it’s always possible to recover funds on your own, the time, expense, and headache might not be worth the effort, especially when someone else can do it for you.

In California, the Local Child Support Agency (LCSA) can help you recoup unpaid or delinquent support payments. Their services are available for both spousal support and child support at no charge to you, and aside from being free, the benefit of using the LCSA, is that they have many resource at their disposal that aren’t available to you.

To secure payments, some of the things the LCSA may do, are:

Report missed payments to credit reporting agencies;
Deny your ex a passport renewal;
Place a lien against their property;
Suspend their state-issued driver’s license;
Intercept tax refunds to deduct payment;
Use the Financial Institution Data Match to find assets, and retrieve money from what’s available;
Subtract funds from disability and/or unemployment benefits; and, even,
Claim lottery winnings—if your ex happens to be lucky enough to get the winning ticket.

Since their services do not cost you anything, it makes a lot of sense to use the LCSA, rather than trying to get your ex to cough up the cash on your own.

Penalties for Failure to Pay Spousal Support

The consequences for not paying spousal support go beyond garnished wages. As you can see, not making these payments could affect credit scores, mess with bank accounts, keep you from traveling, detrimentally affect tax filings, and—in some cases—could even hold you in contempt of court.

Being held in contempt is a criminal offence. Under these charges, if someone can prove that you withheld spousal support funds intentionally, you could be slapped with jail time.

If You Can’t Pay, Notify the Court Immediately

Of course, life is unpredictable, and things can happen that make it difficult or impossible to make payments. The court understands these situations arise, and when they do, it’s important to notify them as soon as possible. Sometimes couples can come together and figure out an alternative payment schedule on their own. If not, however, you may still be able to file a motion to modify with the court.

One thing is clear, though, with so many negative consequences for withholding spousal support, there’s never a good reason to ignore payments.

California Spousal Support Attorneys

If you are struggling to collect spousal support from your ex, or, if you don’t agree with an order of spousal support, we can help. Call us at (209) 989-4425, or get in touch online to schedule your consultation, and together, we can explore options that will address your individual needs, without detrimentally effecting your own interests.

Divorce

Types of Divorce

May 17, 2019May 24, 2019
by Angie

In the state of California, there are several “types” of divorce – but they all lead to one thing: the dissolution of your marriage. The types of divorce people discuss usually refer to the process that leads to the divorce decree.

Types of Divorce in California

When people talk about the different types of divorce, they’re generally referring to things like:

Fault-based and no-fault divorce
Uncontested divorce
Contested divorce
Collaborative divorce

Let’s take a deeper look at each of these types of divorce.

Fault-Based and No-Fault Divorce

California is a no-fault divorce state, which means you don’t have to prove that one party or the other did something wrong in order to end your marriage. Instead, you simply have to tell the court that you and your spouse can no longer remain married because you have irreconcilable differences.

A lot of people make the mistake of thinking that a spouse’s mess-up – like infidelity, for example – will have an impact on the outcome of the divorce. However, that’s not true. Cheating won’t affect the way the courts decide to divide your property or anything else, except in very rare circumstances (such as if your spouse spent all your family’s money on his or her fling, or if your spouse engaged in sexual acts in front of your children).

Uncontested Divorce

An uncontested divorce is one in which both parties are able to agree to all – or at least most – of the major issues involved. That includes things like:

Sometimes couples are able to agree to these things through mediation (which can be part of a collaborative divorce, as well), but sometimes they go back-and-forth without assistance and reach agreements on all the major issues on their own.

In an uncontested divorce, when both spouses agree on big issues, the judge will generally sign off on the couple’s arrangement – as long as it’s fair to both parties and the children involved. If it’s not fair to everyone (at least reasonably fair, that is), the judge isn’t going to agree and will most likely tell the parties to reach a new agreement or make decisions for the couple.

Related: What is divorce mediation?

Contested Divorce

A contested divorce is one in which the parties can’t reach agreements on the important issues. For example, if a couple is fine with dividing property but can’t agree on who gets the kids and when, the custody part of the divorce is contested.

It’s almost always better for couples to reach these important decisions on their own. If you and your spouse can’t agree, you’ll end up forcing the judge to decide – and usually, that happens after spending a lot of time in court (and a lot of money on lawyer’s fees). Litigating is typically more stressful than dealing with your spouse for a limited amount of time, too.

However, there are some cases in which it’s absolutely necessary to litigate. When one spouse is completely uncooperative and won’t budge (and won’t work with a mediator), for example, you don’t have a choice. In that case, you need an exceptionally tough Stockton divorce attorney in your corner.

Collaborative Divorce

Collaborative divorce, while it’s not right for everyone, is the type of divorce that leaves both parties feeling reasonably satisfied with the outcome. In a collaborative divorce, the two spouses agree to work together to find solutions for all the major issues. Sometimes they work with mediators, and sometimes they don’t – but the bottom line is that a collaborative divorce requires input and a lot of give-and-take from both parties.

Related: Divorce mediation checklist

Do You Need to Learn More About These Types of Divorce?

If you’re in Stockton and you’re considering divorce – or if your spouse has already filed for divorce – we may be able to help you.

Call us right now at (209) 546-6870 to schedule a consultation with divorce attorney Anna Maples. We’ll answer your questions about child custody, child support and other matters, as well as refer you to local professionals if you need help that we can’t provide, such as divorce counseling or asset management.

Divorce

5 High-Asset Divorce Mistakes You Can’t Afford to Make

May 12, 2019May 10, 2019
by Angie

High-asset divorces can be incredibly contentious – and unfortunately, when there’s a lot of back-and-forth, people make mistakes. But making a mistake in a high-asset divorce can cost you for the rest of your life, so it’s important that you’re aware of the potential pitfalls and that you know how to steer clear to protect your assets.

Check out these five high-asset divorce mistakes so you know how to protect yourself – and your future.

5 High-Asset Divorce Mistakes: What NOT to Do

The most common high-asset divorce mistakes we see in our offices include things like:

Letting emotions rule over logic
Making rush decisions just to get the divorce over with
Hiding assets from one spouse
Failing to consider tax consequences
Going straight to litigation rather than negotiation

Here’s what you need to know about each of these high-asset divorce mistakes.

High-Asset Divorce Mistake #1: Letting Emotions Rule Over Logic

Divorce is an emotional process, whether it’s due to infidelity or anything else – and that can make it tough to make logical decisions. However, now is the most important time to focus on what’s most important: your future.

It’s not uncommon for one party in a divorce to feel guilty about what’s happening, but it’s a big mistake to let that guilt guide the decision-making process. For example, if you feel bad and agree to give your spouse double the spousal support he or she would ordinarily receive, or you decide to hand over more than half your marital assets, you’re cutting into your own future.

On the other side of the coin, you can’t use the court system to exact revenge on your spouse. Divorce is a legal process, and if you try to use the legal system to get back at your ex for what he or she has done, it’s more than likely going to backfire on you.

High-Asset Divorce Mistake #2: Making Rush Decisions

In many cases, both parties just want the divorce to end – and they’re willing to make less-than-informed decisions in an effort to wrap things up quickly. There are several reasons people want to rush through divorce, such as hoping the divorce will attract less media attention or simply wanting to be done with a spouse they can’t stand any longer.

Unfortunately, though, you can’t rush through a divorce and cover all your bases. You need to take the time to avoid making serious mistakes that will cost you long after your divorce is final.

High-Asset Divorce Mistake #3: Hiding Assets

In some cases, one spouse hides assets from the court so he or she doesn’t have to split them. California is a community property state, which means the assets you accumulate during your marriage – in most cases, anyway – belong to both spouses.

Hiding assets can get you into serious hot water with the courts – and in addition to the court finding out about those assets and dividing them anyway, you’ll lose your credibility. The majority of hidden assets are eventually discovered during the divorce process.

High-Asset Divorce Mistake #4: Failing to Consider Tax Consequences

Divorce changes your financial situation – sometimes drastically. Most of the financial transactions that take place during divorce have tax consequences, including the division of retirement accounts and the sale of homes, vehicles and other property.

Your attorney may suggest that you hire a tax professional or another financial expert to help you understand the tax consequences of the financial decisions you make now.

High-Asset Divorce Mistake #5: Going Straight to Litigation

For most people – even in high-asset divorces – negotiation is the way to go. You may not mind spending money on attorney’s fees through litigation, particularly if it means you’re going to “win,” but the vast majority of people who negotiate their own settlements end up being far more satisfied with the outcome than those who litigated in court.

When you and your spouse reach agreements on the major issues surrounding your divorce, including child custody and property division, your divorce will go faster and be less stressful for everyone involved. If you and your spouse can’t reach agreements on your own, your attorney might suggest that you work with a mediator who can help.

Related: What is divorce mediation?

Need to Avoid These Costly High-Asset Divorce Mistakes?

We welcome the opportunity to answer your questions about mediation and divorce-related issues such as custody, child support, spousal support, and the divorce process.

Call us at 209-546-6870 for a divorce case evaluation. You’ll talk to an experienced Stockton divorce lawyer who can give you the advice you need to begin moving forward.

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Why You Should Try to Reach Agreements With Your…

January 10, 2018August 13, 2020
by Angie

If you’re divorcing your spouse, your attorney will tell you that it’s best if you two can reach agreements about child custody and property division on your own, without going to court and forcing the judge to decide.

But why is it better, and what happens if you just can’t agree with your soon-to-be ex-spouse?

Why You Should Try to Reach Agreements With Your Spouse

If it’s at all possible, your lawyer will advise you to reach agreements with your spouse on important matters for several reasons – not the least of which is your own well-being and mental health. Contentious divorces are tough on everyone involved, and they’re exceptionally stressful. You don’t need that; in fact, you need as little stress as possible if you’re going to make the best decisions for your post-divorce future.

There are other reasons, too. First, litigation (going to court and arguing things out there) is time-consuming and expensive. You’ll have to pay your attorney to go back-and-forth with your spouse’s attorney, and in the end, most people end up agreeing to something very similar to what they put out in the first place. You’ll also have to wait to get on the court’s calendar for hearings to hammer out your issues, which can cause your divorce to drag on for months (or more).

Arguing is hard on kids, too. If you have children, they need you to focus on them and their needs – and you can’t do that if you’re too busy focusing on “winning” in your divorce. Kids are very intuitive, and they know when there’s strife and stress between their parents. The longer your divorce drags on, the more difficult it may be on your children.

What if You Can’t Agree With Your Spouse?

If you and your spouse simply cannot reach agreements on the important issues, your Stockton divorce attorney may suggest that you work with a mediator. A mediator can help you and your soon-to-be ex-spouse find common ground on things like child custody and property division. Mediators are independent third parties whose only interest is to reach a fair and equitable agreement that both parties are reasonably satisfied with, so it’s not as if your mediator will take your side or your spouse’s side. The mediator’s side is fairness.

Mediation doesn’t work for every couple, though. In the event that mediation just isn’t right for you and your spouse (it requires you to both agree to work together toward a positive outcome), you may have to litigate in court. If it comes to that, your attorney will need information from you that supports your viewpoint. For example, if you feel you should have full legal and physical custody of your children, your attorney will ask you why you feel that way and why the judge should agree with you.

Do You Need to Talk to a Lawyer About Getting a Divorce in Stockton?

If you’re divorcing your spouse in Stockton or a nearby community, we can help you.

Call us at 209-910-9865 or get in touch with a Stockton divorce attorney online to schedule a consultation today. We’ll discuss your case, find out about your circumstances and start formulating a plan that gets you (and your children) the best possible outcome.

Divorce

How to Serve Divorce Papers in California

June 5, 2017August 13, 2020
by Angie

When you initiate the divorce process, you’re supposed to let your spouse know—and you do that by service. California law says that you must give the other party formal notice that you’ve begun the legal process; the legal way to do that is by having him or her served with a copy of the same paperwork you filed with the court. Technically, it’s called service of process—but most people simply call it “serving divorce papers.”

How to Serve Divorce Papers in California

It’s important to understand that the judge in your case can’t make any judgments or create any permanent orders until you’ve served the divorce papers to the other party.

Your Stockton divorce lawyer will explain the ways to serve divorce papers, but if you haven’t yet had your initial divorce consultation (or the meetings that come after that), here’s a quick run-down.

Using a Process Server to Serve Divorce Papers

Under California law, any of the following people can serve divorce papers on your spouse by hand-delivering them (as long as the person you choose meets the right criteria), which is called personal service. You may use a:

Friend
Relative
Coworker
County sheriff or marshal
Professional process server

You can also use anyone who’s over the age of 18 who isn’t part of your divorce case.

In order to use one of the people listed here as a process server, he or she must be at least 18 and cannot be part of your divorce case. The person you use must serve the paperwork during the appropriate amount of time, fill out a proof of service form, and return the proof of service form to you so you can give it to your lawyer or file it with the court. The proof of service form tells the court who was served, when it happened, where it happened, and how it happened.

Other Ways to Serve Divorce Papers

You can also serve divorce papers on your soon-to-be ex-spouse in several other ways, including:

By mail. A person who is not part of the case must mail the documents to the other party.
Substituted service. You can only use substituted service when you have made several attempts to personally serve the other party and each attempt has failed; substituted service involves leaving the papers with someone else at the other party’s house.
Service by publication. You need the court’s permission to serve by publication, which involves publishing the summons and complaint in a newspaper where the other party is likely to be.
Service by posting. If you don’t know where your spouse is, you can ask the court for permission to post notice at the courthouse. However, the state of California has special requirements for service by posting.

Your attorney will walk you through the best way to serve your spouse with divorce papers; this isn’t a decision you have to make on your own (or one that you need to make right now, for that matter).

Do You Need to Talk to a Stockton Family Lawyer About Divorce?

If you need to talk to a divorce attorney in Stockton, we’re here to help. Call us at 209-910-9865 for a consultation. The sooner you call us, the sooner we can begin developing the strategy that gets you the best possible outcome in your case.

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What is a Contested Divorce in California?

May 31, 2017May 24, 2020
by Angie

A contested divorce—one in which the two spouses can’t reach an agreement on something—isn’t as uncommon as you think, whether you’re in Stockton or a neighboring community.

In fact, many couples have a tough time seeing eye-to-eye during the divorce process. While many contested divorces do end up becoming collaborative divorces, many people end up litigating and letting their judge make the final decisions on matters such as child custody, spousal support, and other issues.

But what is the definition of contested divorce, and what should you do if you’re headed for one?

Contested Divorce: The Definition

A contested divorce is one in which the two parties can’t reach an agreement on one or more issues. (Contrary to popular belief, a contested divorce doesn’t take place when one party doesn’t want the divorce. In the state of California, you can get a divorce without both parties agreeing to it.)

Why Should You Try to Work With Your Spouse?

Any Stockton divorce lawyer can tell you that litigation can be costly—and it can be time-consuming, too. Dragging out your divorce process doesn’t really benefit anyone (including your children, if you have them), which means it’s best to settle as quickly and as fairly as possible.

When you and your spouse can agree on some issues, you’re off to a good start. The more you can agree on during the divorce process, the faster the process will move; each issue you agree to is one less for your attorneys to argue over in court or for the judge to decide.

While judges do their best to remain fair and impartial, the fact is that nobody knows your family—or what’s right for your family—as well as you and your soon-to-be ex-spouse do. You’ll be able to make a better, more fair decision than the judge will because you know all your family’s needs, quirks, and desires; the judge only knows you through what he or she has seen on paper from your attorneys.

What Happens if You’re Part of a Contested Divorce?

If you and your spouse ultimately cannot agree on one or more issues, you’re part of a contested divorce. The issues you can’t resolve will go to trial, and sometimes one issue stands apart from the rest and has its own trial.

The court will issue a final judgment on the matter, whether it’s child custody, the validity of a prenuptial agreement, or something else, and at that point, it becomes a legally binding order. That means you have to abide by what the judge rules, even if you’re not happy with it or it doesn’t work out in your favor.

You can, eventually, go back and petition the court to revisit its decision. However, that’s not always successful… and you’ll have to go through the entire legal process again (typically paying attorney’s fees along the way).

Ultimately, it’s better if you and your spouse can reach as many agreements as possible before you end up in a Stockton divorce court.

Do You Need to Talk to a Stockton Attorney About a Contested Divorce?

If you need to talk to a lawyer for case-specific legal advice about your divorce, whether or not it’s contested, we’re here to help.

Call us at 209-910-9865 to speak with a Stockton divorce attorney right now. We’ll evaluate your case and give you the advice you need to begin moving forward.

Divorce

Collaborative Divorce in California

May 1, 2017August 13, 2020
by Angie

There’s no question about it: Divorce is tough.

However, a collaborative divorce can make things easier on you, your soon-to-be ex-spouse, and your children.

What is Collaborative Divorce?

The term collaborative divorce refers to the process of resolving your differences together rather than fighting things out in court. It involves negotiation (and sometimes mediation) so that both parties can walk away from the marriage knowing that they’ve solved the issues on their own, without forcing a judge to make decisions for them.

Collaborative divorce isn’t the right answer for everyone, though. In order for it to work, both spouses need to be willing to participate. Both spouses also have to recognize that divorce is a negotiation process and be willing to set aside their emotions and deal only in facts.

Who Shouldn’t Use Collaborative Divorce?

Typically, a collaborative divorce is not right for marriages that involved physical or emotional abuse, child abuse, or dishonesty about income and assets. It’s not often a good idea for spouses who are alienating children from one (or both) parents, either.

Are There Benefits to Collaborative Divorce?

There are several benefits to collaborative divorce for those who are able to use it. In addition to making things easier on you, your ex, and your kids, a collaborative divorce:

Saves money. You don’t have to pay attorneys to “duke it out” in court over the things you can negotiate yourselves.
Saves time. Litigation (fighting in court) is time-consuming. You have to wait for a space to open up on the court’s calendar, and you have to solve disputes one at a time on the court’s schedule.
Takes place in an informal setting. You aren’t in the courtroom, missing work and using up vacation days, when you’re collaborating on your divorce.
Lets you maintain control over the situation. You’ll have to share that control with your ex, because collaborative divorce does involve give-and-take, but ultimately, the way you solve disputes with your ex is up to you two.
Allows you to negotiate a divorce settlement that works best for your family. When you don’t cooperate with your ex, the judge in your case will have to make final decisions for you—and while judges are fair and impartial, they don’t know what makes your family “tick.” That means a judge’s decisions may not be the best fit for you, your ex, or your kids.

What Happens if You and Your Ex Both Want a Collaborative Divorce?

If you and your ex can agree that a collaborative divorce is best, the first step is talking to a Stockton family law attorney who understands negotiation, mediation, and your desire to make your divorce as easy as possible.

You’ll meet with your lawyer to explain what it is you want from the divorce, and he or she will help you identify where you’re willing to compromise. You and your ex can reach agreements on your own, or you can bring in a professional mediator who can help.

You and your soon-to-be ex-spouse can collaborate to decide:

Child custody and child support
Spousal support
Property division

Ultimately, the best part of collaborating with your ex is that when you do finally go to court (the judge still has to issue a divorce decree that officially dissolves your marriage) you can file an uncontested divorce.

Do You Need to Talk to a Stockton Divorce Lawyer?

If you’re ending your marriage and need to talk to a divorce lawyer in Stockton, we can help. Call us at 209-910-9865 to tell us what’s going on. We’ll evaluate your case and start building a strategy that gets you—and your family—the best possible outcome.