Sonoma County Lawyer Blog

You always worked hard, took care of the children, and managed the household. When your husband was away from the home, you trusted him when he said he was working.

But recently you discovered that your once loyal spouse has a lover and you want to file your divorce and get what you deserve.

Or perhaps you're marriage has simply devolved into petty fights. You fight over who forgot to return the milk to the refrigerator or about who was supposed to make the bed in the morning.

If any of these scenarios seem familiar, then you are probably not a candidate to resolve your divorce with mediation.

But if you don't have children and you and your spouse still like each other, then mediation is a better option for separating your assets and moving on with your lives.

You Can Save Money with Mediation

A mediator is a neutral third-party, which can be a lawyer, who assists couples in reaching agreements as they separate their community property.

Mediation has become an increasingly popular alternative to divorce lawsuits. In fact, in 1998 California's legislative branch revised the California family code to accommodate consumers' desire to have a more affordable divorce option.

Mediation is definitely less costly than a lawsuit as long as the parties agree to amicably reach agreement on how they will separate their assets.

How to Work with a Mediator

Continue reading "Is Mediation An Option for You In Your Santa Rosa Divorce " »

In case you didn't recognize the lyrics, they are from the Donna Summer song, "She works hard for the money."

Summer was right. People - men and women - do work hard for their money. They also save hard for retirement.

You've probably stashed as much money as possible in a 401k and IRA, or in stocks, bonds and treasury notes. Instead of traveling to Italy, you visited your in-laws or you camped in Big Sur last summer.

You've done whatever you could to give yourself some assurance that when you turn 60 or 70, you would have sufficient funds to feel comfortable as you age. With your wife or husband, you saved because with the fate of Social Security so uncertain, you would be crazy not to have a retirement fund.

But what if after years of saving, your marriage disintegrates? How would your retirement be divided?

But that's My Retirement Account?

Continue reading "How to Divide Retirement Accounts In Your Santa Rosa Divorce" »

After years of studying and spending tens of hundreds of hours in the library, you're finally free from school.

Unfortunately, you're not free of the student loan debt you accumulated.

If you just graduated from law school or medical school, your student loans will be even higher and possibly saddle you with debt you'll need to repay for many years to come.

The good news - if you consider this good news - is that you're not alone. It is now estimated that 70 percent of the graduating classes of 2013 owe an average of $35,200.

$1.1 Trillion in Student Loan Debt

According to the Consumer Financial Protection Bureau and the Department of Education, 38 million student-loan borrowers now owe in excess of $1.1 trillion. Their debt includes federal, state and private loans and loans made by their families. Some students placed a portion of their debt on their credit cards and are paying exorbitant interest rates.

The student loan debt in California is lower than the debt in New York but more students in California are delinquent in repaying their debt, according to a Wall Street Journal report. Some experts believe this discrepancy is due to students attending East Coast private schools that better equipped them to repay their loan debt.

Hello, McDonalds!

Continue reading "Are Santa Rosa College Students Headed for Bankruptcy?" »

Couples considering a second marriage often have many questions about their assets.

Should they continue deposits into their IRAs? Would their pre-marital assets be exposed if their new spouse were sued?

Should they get a prenuptial agreement?

What Is Community Property?

So far, just nine states and the U.S. Territory of Puerto Rico have adopted a community property system. California is one of the states with community property laws in effect.

First, let's take a look at what constitutes community property. In California, it is any asset either acquired or earned (as in income) by a married person living with a spouse.

What about your inheritance from Grandma Betty that you received prior to your wedding? That inheritance will remain as your separate property.

Continue reading "Answers to Questions about Community Property Law in California" »

Has your income dropped since a judge first ordered you to pay child support? If so, you may want to contact a family law lawyer to have the support reduced.

Sometimes, these modifications are successful. But that wasn't the outcome Carl Williams experienced when he sought relief from the court.

Williams vs. Williams

In 2009, Carl and Nekissta Williams' divorce became final and Nekissta was awarded primary custody of the children and began receiving child support payments.

Sixteen months after the divorce was finalized, Carl's income dropped so he sought relief from the court. Initially, the court agreed with Carl and modified the divorce decree.

But his ex-wife appealed the decision. She stated that Carl's gross monthly income was actually higher than he had reported. The case went to the Supreme Court, which reversed the lower court's decision.

Continue reading "Modifying Your Child Support Payments" »

In California, there is a relatively new term being used to describe how divorced parents spend time with their children.

It's called parenting time.

While you're probably familiar with the terms child custody, visitation, and child support, parenting time is a newer term that the courts in California and elsewhere now use to describe co-parenting arrangements between divorced or legally separated parents.

Parenting time is essentially another term for visitation. In other words, when one parent has primary custody of a child the other parent is granted the right to parenting time, which may involve spending the weekend with the other parent or even traveling out of town to see relatives.

However, if the noncustodial parent has a history of mental illness, drug abuse, or domestic violence, he/she may be restricted to supervised visits with the child.

Developing a Parenting Plan

As part of your divorce settlement, you will need to discuss and agree to a parenting plan. When there is no evidence of abuse or mental illness, a typical parenting plan will allow both parties to:

• Have information about the children.
• Contact the children through email, social media or by calling.
• Review medical and school records

Continue reading "How to Develop a Post-Divorce Parenting Plan" »

After your wedding, you reveled at all of your gifts.

There was the shiny new toaster from your Aunt Betsy, the Cuisinart from your best friend, the teak patio set from your parents.

Now, on the verge of finalizing your divorce, you have the task of splitting into "mine" and "yours" what was once "ours."

If you want to fight over the toaster you can, but doing so will only run up your attorney's fees and there are more important issues to quarrel over, such as child custody and support.

Here's What You Get to Keep

It's always a good idea to start by making two lists, one for the property you consider to be exclusively yours and a second list of assets acquired during the marriage.

Continue reading "Dividing Marital Property in a Santa Rosa Divorce" »

When celebrities such as Eddie Murphy and former Spice Girl Melanie Brown were married, it made the news - at least entertainment news coverage.

Now their custody battle is grabbing legal headlines.

Eddie Murphy vs. Melanie Brown

Brown, who entered into a contract with Australia's version of The X Factor, decided to break her agreement with the Down Under network due to Murphy's refusal to allow their daughter to move to Australia.

Murphy and Brown were never married but in 2007, Brown gave birth to their child, the now 7-year-old girl, Angel Iris. Initially, Murphy refused to acknowledge the child until a paternity test proved that he had indeed fathered the child.

Now he wants a relationship with Angel Iris and for her to live in the U.S.

Meanwhile, Brown's professional future is at stake because if she can't move with her daughter, she will be in breach of contract with her employer.

It's a mess.

Continue reading "Child Custody Issues for Eddie Murphy" »

Sonoma County foreclosures may be less common than they were two years ago, but they continue to besiege financially vulnerable homeowners.

According to The Real Estate Report, notices of default in Sonoma County - the first step in the foreclosure process - jumped 52.1% in February. But the good news is that there were still down by 70.1% from the previous year.

Due to the avalanche of foreclosures in recent years, banks continue to own about 685 properties in the county.

Financial Vulnerability Breeds New Forms of Fraud

The Great Recession saw too many people lose their jobs and their homes. Unfortunately, unscrupulous individuals saw a window of opportunity amid this atmosphere of pain and financial uncertainty.

As part of their fraud, companies cropped up, claiming they could prevent foreclosure by negotiating with a consumer's lender or obtaining a loan modification.
These services were offered at a price and naïve and desperate homeowners facing the prospect of foreclosure gladly paid the fee.

Many of the companies pretended to be affiliated with the government or government housing assistance programs. Others falsely claimed to offer legal services or "audits" of consumers' loan paperwork to help them negotiate a resolution with their lenders.
Unfortunately, promised services were never delivered.

Continue reading "Financial Instability of Sonoma County Families Breeds New Forms of Fraud" »

You survived your divorce and as you signed the final documents you thought to yourself, "I'll never get married again."

Then you met someone new and you're convinced this marriage will be different.
Unfortunately, the statistics indicate that the divorce rate is higher for second marriages so if you're thinking of remarrying, call your attorney to draft a prenuptial agreement.

What Is a Prenuptial Agreement?

As divorce rates rise, so do prenuptial agreements. The American Academy of Matrimonial Lawyers says about three-quarters of its members have seen an increase in prenups in the past five years among couples of all income brackets.

A prenuptial agreement is an agreement between two parties that protects their respective pre-marital financial interests, such as retirement funds, properties owned, investments, savings, and other financial interests.

In addition, a prenuptial agreement will record debt. This is important because if the marriage should end in divorce, you will want to be protected from your spouse's credit card debt, college loans, and default mortgage payments.

Child custody arrangements and child support can't be determined in a prenup but you can specify your preferred religious education for your children.

Reasons to Negotiate a Prenuptial Agreement

Continue reading "Prenuptial Agreements Are 0n the Rise " »

Divorce is hard on children.

Quarreling parents, financial uncertainty, stressed parents, and a sudden move from the family home are all factors that affect your children's stress level, self-confidence, and performance in school.

Research on the Effects of Divorce on Children

Numerous studies have examined the effects of divorce on youth and some of their findings are disturbing.

• Researchers from the University of Toronto recently concluded that children from divorced families are more likely to take up the habit of smoking. Men whose parents had divorced before they turned 18 had 48 percent higher incidence of smoking.
• In 2007, a researcher examined data collected between 1994 and 2000. She discovered that 13.2 percent children of divorced parents were taking Ritalin versus 3.3 percent of children with parents who had stayed together.
• A University of Wisconsin-Madison study concluded that children of divorced parents often fall behind their classmates in math and social skills, and are more likely to suffer anxiety, stress, and low self-esteem.
• A 2010 study found that the more change children are forced to go through, such as a divorce followed by a remarriage, the greater the difficulty they may have in finishing school and obtaining a high school diploma.
• Divorce can repeat itself. Children from divorced families are more likely to divorce their spouses when they become adults

Continue reading "7 Tips to Help Your Children Survive Your Santa Rosa Divorce" »

Have you checked your credit card report lately? It could have errors that are causing you to unnecessarily pay higher interest payments, mortgage and vehicle loans, and insurance premiums. Those errors could even prevent you from landing a new job.

According to a study by the Federal Trade Commission (FTC), as many as five percent of consumers had errors on one of three major credit reports. In some cases, the errors worsened the consumer's overall credit rating.

Credit reports contain more than a record of your debts. It also includes information about whether pay your bills on a timely basis and will note if you've been sued or filed for bankruptcy.

Your Credit Information Is for Sale

Continue reading "What Do You Do When Your Credit Report Is Wrong?" »

Are you among the 1 billion people worldwide with a Facebook account? If you are in the midst of a divorce, you may want to deactivate it.

More than 80% of U.S. divorce attorneys say they've seen a rise in the number of cases in which lawyers use social media posts as a reason to question child custody, spousal support, and other contentious issues.

Increasingly, courts also are examining Facebook for evidence. In September of 2011, a Connecticut judge ordered the attorneys for Stephen and Courtney Gallion to exchange "their client's Facebook and dating website passwords."

Facebook: Where Friends Can Become Lovers

When people tire of Match.com or don't find success in using Eharmony, they may shift to Facebook for "social dating." A rising number of people use Facebook to reignite friendships with high school and college flames, and take the relationships further than they'd intended.

Some predict that Facebook's new Graph Search - a search engine capability similar to Google that will soon be released - will make it even easier for former college flames to hook up. For example, when Graph Search is released you'll be able to search for single friends of your best friend and find new people to "friend" and date.

Of course, suspicious spouses also use Facebook to find evidence of flirting and affairs.

In cases where spouses still live together and share the same computer, a number of monitoring devices can be downloaded to monitor another person's Web use, such as SpectorPro, which monitors keystrokes, screenshots and a variety of social media networks.

6 Social Media Tips to Adopt During Your Divorce

Continue reading "How Facebook Can Impact Your Santa Rosa Divorce - And What You Can Do About It" »

When country music singer Mindy McCready took her life on February 17, she left behind two sons whose future will now be determined by a judge.

Two weeks before McCready's death, and at her father's urging, Human Services placed her two sons - Zander, 6, and Zayne, 11 months - in foster care. McCready is known to have waged a battle with substance abuse and there were reports that the home was disheveled and that prescription bottles were readily available.

A custody battle has ensued between McCready's father and stepmother, and Zander's father, Bill McKnight. On April 5, a judge will decide the fate of the two brothers, including whether they will be raised separately.

There is no custody dispute over Zayne; his father reportedly committed suicide in January.

What the Judge Will Take into Consideration

Continue reading "Child Custody Battle Brews in Aftermath of Mindy McCready's Suicide" »

Later this month, the Manhattan Supreme Court will decide the fate of a child born last July to an unmarried, heterosexual couple. In the interim, the baby is stuck in foster care and under the purview of Child Protective Services.

How Could This Happen?

Jonathan Sporn, a 54-year-old pharmaceuticals executive, began co-habiting with his partner, Leann Leutner, a lawyer, in 2010. Both had been previously divorced, weren't in a hurry to marry again, but wanted to start a family. They sought the assistance of an anonymous sperm donor and last July, Leutner gave birth to a healthy boy, Lincoln Amory Aurelian Sporn Leutner.

On January 1, 2013, the mother, who had struggled with postpartum depression, committed suicide. Not recognizing Sporn as the father due to the couple's unmarried status, Child Protective Services stepped in and placed the baby in foster care.

Now Sporn and Leutner's sister, Susan Sylvester, are battling for custody of little Lincoln. The court has visited both homes and deemed them both appropriate for the child.

According to the law, Sporn isn't a parent because he never married Leutner and he didn't father the child. In addition, Sporn failed to immediately take steps to adopt Lincoln following his birth.

Case Bears Similarities to Challenges Gay Parents Face

Continue reading "Child Custody Disputes Among Unmarried Heterosexual and Gay Unmarried Couples Are Similar" »