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 " »

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" »

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" »

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" »

On February 28, President Barack Obama urged the U.S. Supreme Court to overturn California's same-sex marriage ban. His action is the first time a U.S. president has urged the nation's highest court to allow gays and lesbians to marry.

Specifically, the president's brief asks the U.S. Supreme Court justices to strike down California's Proposition 8 ballot measure, which currently prohibits gay marriage in the state.

Benefits Not Available to Gay Couples

While California - and seven additional states - allows same-sex civil unions, marriage is not allowed, precluding gay couples from enjoying the benefits afforded to heterosexual couples, including:

• Social Security benefit.
• Tax-free inheritance for the surviving spouse.
• Family and medical leave.
• COBRA health insurance benefits

If the U.S. Supreme Court overturns Proposition 8, gay marriage will be legal in California, Delaware, Hawaii, Illinois, Nevada, New Jersey, Oregon and Rhode Island.

Continue reading "Obama Urges Reversal On Prop. 8 While U.S. Military Liberalizes Benefits For Gay Couples" »

With the passage of the American Taxpayer Relief Act (ATRA) on January 1, 2013, the United States avoided the financial abyss of the much-feared "fiscal cliff."

Do You Understand How the ATRA Is Going to Affect Your divorce in 2013?

If you're seeking alimony, your spousal support is taxable (this isn't new). However, if once you become a single filer and you earn $400,000 or more annually, your tax rate will increase under ATRA from 35% to 39.6%

Whether you command a high salary or not, you will want to discuss with your lawyer the balance between spousal support and child support. Unlike spousal support, child support isn't taxable so you may negotiate a higher child support payment and lower spousal support allotments.

Another alternative for spouses entitled to alimony is to receive a lump sum payment. By accepting a one-time payment in lieu of monthly spousal support, you can avoid taxes.
If you are paying spousal support monthly, the payments are deductible. However, if you settle on a lump-sum payment, you will not receive a deduction on your taxes.

Your Investments, Capital Gains and Retirement Funds

Continue reading "American Taxpayer Relief Act and Your Santa Rosa Divorce" »

In March, the U.S. Supreme Court will hear arguments on two cases that could have a profound effect on same-sex marriages in California and across the country.

Status of California's Proposition 8

One case is close to home. In 2008, Californians approved Proposition 8, which added a new provision to the State Constitution that state "only marriage between a man and a woman is valid or recognized in California." Proposition 8 was quickly appealed and the outcome of the case rests with the U.S. Supreme Court, which will issue a ruling in June. The issue in this case is whether Americans have a constitutional right to same-sex marriage.

Continue reading "U.S. Supreme Court Takes Up Gay Marriage in March" »

You're about to settle your divorce and you're certain you thought of everything, right?
You remembered to include the San Francisco 49er season tickets and your spouse's coin collection in your tally of assets. But did your lawyer discuss with you these financial consequences of divorce?

1) You will lose your health insurance. Once the divorce is final and you're no longer a dependent, your spouse is no longer legally able to carry you on his policy because you have ceased to be a dependent. As such, be sure to include this additional cost in your calculation for spousal support. By the way, your children can still receive coverage.

2) You may be entitled to Social Security benefits. If you were married for more than 10 years, are at least 62 years of age, and if you weren't the "breadwinner" during your marriage, you may be entitled to receive Social Security derivative benefits. Talk to your lawyer about this.

3) The courts want you to become economically self-sufficient. Even if you are awarded spousal support, you still need to make "reasonable" attempts at finding employment. This law also applies to spouses with small children.

Continue reading "Ready to Finalize Your Santa Rosa Divorce? Don't Forget These 5 Items" »

Domestic violence touches every income strata and race. Judges, lawyers, police officers and even a well-known NFL player - Chad Johnson - have faced charges and made headlines.

Nationally, an estimated 1.3 million women are victims of physical assault by an intimate partner each year and 73% of those victims are female.

Domestic Violence, Battery & Willful Infliction of Bodily Injury

In California, domestic violence is defined as physical abuse committed against someone you know: a spouse, boyfriend, roommate, or someone you're dating. When arrested, abusers face incarceration and a fine.

Battery is any willful use of force or violence against another individual. Generally, the penalty is a year in jail and a $2,000 fine. When committed against someone with a restraining order, a police officer or a probation department employee, the consequences are more severe. In addition, the courts may force defendants to pay an added fee that funds domestic violence prevention programs. (Calif. Penal Code Sections 243, 1463.27)

Willful infliction of bodily injury occurs when abuse results in a wound or injury. Penalties include up to five years in prison, and depending on the circumstances, a hefty fine of up to $10,000.

California Domestic Violence Statistics

Continue reading "4 Immediate Actions Every Domestic Violence Victim Should Take" »