Sonoma County Lawyer Blog

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" »

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" »

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" »

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" »

Have you ever donated sperm? Are you presently considering either helping a friend or an acquaintance fulfill her dream of motherhood? If you are, you'll want to keep reading about what happened to a sperm donor from Kansas who is being sued by the state for child support.

How could that be possible?

A lesbian couple in Kansas used a sperm donor who responded to a Craigslist notice. The pregnancy was successful and a girl was born, who is now three.

All went well until the lesbian couple split up. The birthmother became ill, sought state financial aid and applied for state health insurance for the girl from the Kansas Department of Children and Families.

Before providing assistance for the child, the state demanded the father's name. The donor's name wasn't listed on the birth certificate so, feeling pressured, the birthmother revealed the donor's name. The state maintains that the signed waiver releasing the donor from the responsibility of parental support is invalid.

This problem arose because in Kansas the state doesn't recognize same-sex marriage. Therefore, the state maintains that the donor is the child's legal father and should bear financial responsibility for the needs of the child.

Continue reading "State Sues Sperm Donor for Child Support" »

A recent appellate court ruling had held that a waiver of spousal support contained in a 1985 prenuptial agreement was invalid and unenforceable as contrary to public policy at the time of the agreement's execution.

When Raymond and Roberta Melissa married in 1985, Raymond demanded that Roberta sign a prenuptial agreement. The agreement contained an express waiver of any entitlement to spousal support.

When Roberta filed a petition for dissolution 24 years later, the family court declined to enforce that provision, finding that it was contrary to public policy at the time the agreement was executed.

Raymond appealed, citing the California Supreme Court's reliance on "contemporary public policy" in its analysis of a similar provision in another case.

Continue reading "Will A Waiver of Spousal Support Be Upheld In A Prenuptial Agreement? It Depends!" »

Bryan L. Salamone and Associates P.C. wrote an interesting post about expiring marriage licenses. In their post, it was noted that last year, it was reported that lawmakers in Mexico were considering legislation that would have created temporary marriage licenses as a solution to the rising number of divorces in the country. According to a Reuters report, statistics showed that in Mexico most divorce actions commenced within the first two years of marriage. In the nation's capital, Mexico City, nearly one in two marriages ended in divorce.

The idea behind the law was that the temporary marriage licenses would be granted for a period of at least two years. At the end of this trial period, the couple could either renew the license for any desired time period or they could just let the marriage expire. The law would have included provisions for how would happen to the property and children should the couple decide not to renew the license.

Continue reading "Marriage Licenses Renewals To Prevent Santa Rosa Divorces? " »

Your spouse leaves the room each time the cell phone rings, and it rings a lot more lately. She works late a couple of times a week. Or, he takes care of the bills now, when you used to do them together. Another business trip?

While California is a no-fault divorce state, fault such as adultery can be used to influence settlement negotiations, or you may be entitled to a credit if community assets were used to keep the mistress in the lap of luxury. In fact, if a substantial amount of community assets were spent on the new boyfriend or girlfriend, you may also have a breach of fiduciary duty claim against your soon to be former spouse.

Spouses suspicious of their partners have never had it easier -- whether by making use of devices like global positioning satellite (GPS) devices placed inside the family car, or snooping through electronic communications on cell phones, computers and Facebook.

Continue reading "It Is 9:00 p.m. -- Do You Know Where Your Spouse Is?" »

According to jdsupra.com, more and more couples are living together without being married. There was a 13 percent increase in such arrangements between 2009 and 2010 alone. At the same time, only 51 percent of all adults are getting married. This is a record low.

Couples choose to cohabitate instead of marry for many reasons. A reported 60 percent of married couples live together before marriage. Many couples live together because same-sex marriage is not recognized in their home state. Older widowed or divorced people live together without marrying in order to preserve their estates. Some couples choose cohabitation because of moral or philosophical beliefs, while other couples do so to save money.

A cohabitation agreement is a private contract between long-term cohabitants. It establishes the rights and obligations that married people obtain by law, custom and agreement. Cohabitation agreements are also called non-marital agreements or living-together contracts. They are similar in many ways to prenuptial agreements.

Without a cohabitation agreement, couples who lived together for decades would be considered strangers when it comes to property rights. A stay-at-home partner could be left penniless by separation or death.

Cohabitation agreements address the ways in which money, property and debt will be dealt with during a relationship, and at its end. Cohabitation agreements can cover child custody and support, and partner support. They can include wills and durable powers of attorney, and they often proactively address the issue of dispute resolution.

Continue reading "Cohabitation Agreements Protect Relationships: Santa Rosa Family Law" »

A 2010 survey conducted by the American Academy of Matrimonial Lawyers (AAML) concluded that 81 percent of divorce attorneys had seen an increase in the use of social media as evidence -- with Facebook topping the charts at 66 percent. In the more than two years since the disquieting AAML survey, Facebook has grown to 955 million monthly active users. Chances are your spouse and the friends and family of your spouse use Facebook.

I have made it no secret, Facebook is the first place I go when I get a family law case. I have been able to get very favorable results in court based on the opposing party's Facebook posts. However, I have also had clients hurt by their posts.

Jdsupra.com identifies the following five tips for Facebook use during your divorce.

Continue reading "Facebook Evidence in A Santa Rosa Divorce: Five Tips for Protecting Yourself" »

It can be a misdemeanor to disobey a court order. Disobedience of a court order is called contempt. A contempt proceeding is a special proceeding in which, technically speaking, the court and the person charged with contempt are the only parties. However, the person alleged to be aggrieved by disobedience to the order in question is permitted to participate in a role that is, in all but name, that of an amicus curiae. The proceeding is not an adversary proceeding of the usual kind, but courts generally use familiar litigation terms and concepts in discussing contempt proceedings. For example, the California Supreme Court has said that in a prosecution for constructive contempt, the affidavit on which the proceeding is based constitutes the complaint, the affidavit of the defendant constitutes the answer, and the issues of fact are thus framed by the respective affidavits serving as pleadings.

Appellate courts often characterize a civil contempt proceeding as "criminal," "quasi-criminal," or "criminal in nature." However, the proceeding is not a criminal action or a prosecution for crime, although the punishment for civil contempt may be the same as that for a crime: imprisonment or fine, or both. By referring to the proceeding as criminal, the courts mean merely that certain procedural rules applicable in criminal actions also apply in a civil contempt proceeding.

Generally, a person who is convicted of contempt may be punished by a fine not exceeding $1,000 or by imprisonment not exceeding five days, or both. In addition, a contemnor who has violated a court order may be ordered to pay attorney's fees and costs incurred to the party who initiated the contempt proceeding.

There are more specific statutory penalties with regard to contempt of family law orders. In any court action in which a party is found in contempt of court for failure to comply with an order under the Family Code, the court must order the following:

Continue reading "What Happens If My Ex Refuses To Obey A Court Order?" »