Orange County Divorce Lawyer Blog

In many California divorces possession of the family home is one of the most contentious issues. This should hardly be surprising: a house is the most expensive thing most people will ever own. As a recent article on Examiner.com notes, however, the national financial crisis has changed the way some people think about homes when they are splitting up. The article notes that it is no longer uncommon for both divorcing spouses to want the other one to take the house.

An analysis by Bloomberg News last summer indicated that 26% of properties nationwide are now 'underwater' (i.e. the property is worth less than the outstanding mortgage on it), and cited alarming statistics from Deutsche Bank predicting that the underwater rate might rise to 48% - yes, nearly half of all homes - by 2011. Looked at that way the trend cited by Examiner.com might not be so surprising. A house with a severely underwater mortgage can be seen as a liability rather than an asset.

Situations like these highlight the need for consultation with a skilled Orange County family law attorney if you are considering a Southern California divorce or legal separation. Attorneys from an experienced Southern California family law firm can assist with the division of assets in today's treacherous economic environment.

An underwater mortgage was once almost unimaginable - particularly in areas like Southern California that have long been known for their ever-rising property prices. Coping with this, and the other Los Angeles family law challenges emerging from the current recession, requires the services of a skilled professional.

Examiner.com: And you can have the house!

Bloomberg: 'Underwater' mortgages to hit 48%, Deutsche Bank says

A recent series of articles in the New York Times highlights some of the difficulties the emerging patchwork of gay marriage laws are giving rise to. Currently gays and lesbians can marry in four states (Massachusetts, Connecticut, Iowa and Vermont), with New Hampshire slated to join the list on January 1. Several other states and the District of Columbia are currently considering gay marriage (or "marriage equality", as supporters prefer to call it), and a number of states, including California, recognize same-sex marriages performed elsewhere.

The Orange County divorce law and Los Angeles divorce law situation for homosexual couples was thrown into doubt in 2008 after voters passed Proposition 8, repealing California's gay marriage statute. As reported by the New York Times, however, a court ruling last spring clarified the situation somewhat. The court stated that California divorce was still possible for gay couples married in the state while doing so was still legal (for same-sex couples married elsewhere the situation is less clear-cut).

As the more recent article notes, however, even with at least some legal issues cleared up, same-sex couples wanting to end a marriage still face hurdles unknown to heterosexuals. Some of these are related to federal tax law. For example, since the Defense of Marriage Act forbids federal recognition of gay marriages, it also forbids the IRS from giving legal gay divorces the same tax treatment as a straight divorce.

California divorce is a stressful experience under any circumstances. An experienced and compassionate Southern California divorce lawyer in Orange County, Los Angeles County, San Bernardino county or elsewhere can help you examine the many issues related to dissolving a marriage or partnership, offering advice and support on the best ways to proceed.

New York Times: For gay couples 'traditional' divorce isn't always an option

New York Times: Gay divorce still legal in California

The filing of a Petition for Legal Separation by Shaquille O'Neal's wife within a day of landing in Los Angeles got me thinking more about the residency requirements for California. If a party wants to file for dissolution of marriage, at least one of the parties must be a resident of California for 6 months and a resident of the county in which the petition was filed for three months immediately before the filing of the petition. Family Code Section 2320. This residency requirement is mandatory and it cannot be circumvented.

Jon & Kate Plus 8 officially ended their show yesterday. Jon & Kate Plus 8 initially aired in 2007 and chronicled the lives of a young couple and their 8 children.

"This is a very bittersweet goodbye for me because the kids are already missing it," Kate Gosselin said. "Our show has provided opportunities that we wouldn't have otherwise had. I feel like it's been taken from us. From me and the kids. I don't like ends. I don't like goodbyes. It's needless; it's useless. It was totally avoidable."

"Our marriage fell apart, and I felt like I was free," Jon said. He dismissed the past eight months, during which tabloids and newspapers chronicled his string of new girlfriends and partying, by explaining that he believes he was sowing his wild oats. "I got married at 22, so maybe I reverted to 23," Jon said.

Thanksgiving 2009 is fast approaching in three days! 'Tis the season for many phone calls from clients to attorneys about who should get custody of the children during Thanksgiving, Christmas, Hannukah, New Years etc. Before a holiday weekend, family law attorneys usually anticipate on receiving phone calls involving who has custody of the children during the holidays. If there is no prior written agreement in place, then good luck! This is why the attorneys at the Law Office of David P. Schwarz recommend that all agreements be put in writing. Period.

Below are a list of a few problem areas I often notice in poorly written Stipulation & Orders and Judgments relating to defining holidays:

Here's an unusual twist on California divorce: according to a report in the San Mateo County Times, a Bay area man is suing the San Francisco airport, claiming noise from the planes landed him in California family court resulting in the end of his marriage and his loss of California child custody of the company's triplets.

Sixty-year-old Stanley Hilton of Hillsborough (which is actually about two miles from the airport and, according to the newspaper, does not lie beneath the flight paths) appears to be suing everyone he can think of: the airport authority, the counties of San Francisco and San Mateo, the real estate agent who sold him and his wife their house and "dozens of airlines and jet manufacturers", according to the newspaper's report. He is seeking $15 million in damages. Hilton claims that "around-the-clock" jet noise from the airport prompted his wife to leave him, taking the children with her.

From an Orange County Family Law perspective, this case is a reminder of the strange and unexpected things that can happen as a relationship falls apart. An experienced Costa Mesa divorce attorney is your best insurance against wild claims, including Orange County child custody claims, by an estranged spouse.

If your husband or wife is determined to slow the California legal separation or California divorce process with legal maneuvers, a skilled Orange County family law lawyer can be a crucial ally in your fight for a fair settlement.

San Mateo County Times: Hillsborough man blames plane noise for divorce, sues SFO

Unless you want your soon to be ex-spouse to inherit your share of the community estate, you ought to consider immediately changing your will pending your divorce. If you wait until your divorce is final, it could cause the wrong result in the event of your untimely death.

Typically, if you are married, your will might provide that your surviving spouse act as the executor of your estate. Your will might include provisions that all assets you own pass to your surviving spouse. If there is no will, the decedent's share of the community property will pass to the surviving spouse and potentially all of the decedent's separate proeprty will pass to the surviving spouse. California Probate Code Section 6401.

Pursuant to CA Probate Code Section 6122, a Judgment for Dissolution revokes an existing will as to the former spouse's rights. However, separating or filing for divorce does not. Pursuant to CA Probate Code Section 78, during the divorce, the parties remain married and have all the beenfits provided to a spouse by law in the event of death.

Moral of the story: if you do not want your soon to be ex-spouse to inherit your assets, change your will sooner rather than later pending the divorce proceedng. Contact an Orange County Divorce Attorney for more information.

Word that basketball star Shaquille O'Neal's wife Va'shaundya filed Los Angeles family court papers seeking a California legal separation last week may have come as a bit of a surprise. Most people thought the O'Neals lived in Florida (Shaq played with the NBA's Miami Heat from 2004-2008, but now plays for Cleveland).

According to a report in People magazine, Va'shaundya flew to California and declared herself a resident of the state on November 8, a day before her lawyers filed the California legal separation papers in Los Angeles family court. California's community property divorce laws are significantly more generous than those of Florida. Further complicating matters, the couple is widely reported to have a prenuptial agreement.

As is so often the case with celebrity family law the numbers may differ from those the rest of us deal with (Shaq reportedly makes $21 million per season playing basketball and as much or more from product endorsements), but the concepts at issue are really little different.

An experienced Orange County family law firm can offer invaluable advice if your spouse, when preparing for a Orange County divorce or legal separation, decides to go venue-shopping. The end of a marriage or long-term relationship is difficult enough without having to cope with additional stress brought on by questionable tactics related to residency or similar California family law issues.

California child custody questions often come into play in these situations as well. Va'shaundya O'Neal is seeking sole custody of the couple's four children (all of whom are under age 9), according to People. An Orange County child custody lawyer can offer advice on how residency issues in a California divorce impact Orange County child custody questions.

People: Shaquille O'Neal's Wife Files for Separation

Los Angeles family law courts may be hit hard as budget cuts make their way from Sacramento down to the local level, according to an article published this week in the Los Angeles Times. The California budget crisis has hit every element of state and local government and, as the article details, its impact on the court system is only expected to grow. While the article focuses on Los Angeles County family courts and other LA County courts, many of the problems it highlights are being felt throughout the region, including in Orange County and its family law courts.

As budget cuts prompt slow-downs and furloughs in an already crowded court system, the assistance of an experienced Southern California family law firm takes on increased importance. Legal work related to a California divorce, Los Angeles custody or parental alienation action or an Orange County restraining order is complex. Even when courts are not backed up, clerks have been known to reschedule hearing dates over the tiniest of paperwork errors. An experienced Los Angeles family law attorney can guide you through this difficult process and work to assure that things are done correctly the first time.

The Times piece notes that in Los Angeles County, "plans to shut down as many as 14 of the county's 43 family law courtrooms" are being examined. It adds that this could lead to eight LA County courthouses ceasing to handle family law matters entirely. The county's courts have already been dealing with once-a-month closures and furloughs since summer.

All of this, of course, comes on top of the emotional stress that is frequently a part of any California family law action. The advice of a full-service Los Angeles family law attorney can be essential as you navigate this emotionally draining area of our court system.

Los Angeles Times: Top L.A. county judge warns of consequences of budget constraints

The ongoing Southern California divorce case of San Diego real estate mogul John Moores and his estranged wife Rebecca took a new twist recently with the two sides arguing over whether one of Mr. Moores' companies was capitalized with joint funds and, therefore, subject to California's community property laws.

At issue, according to the San Diego News Network, is JMI Guaranty LLC, a lending company John Moores set up to finance his "various real estate projects." Rebecca Moores claims the $14 million in seed money used to start the company came from the couple's joint funds. The dispute, if it drags on, has the potential to affect financing for a variety of real estate developments.

The high-profile Southern California divorce case highlights the complexities of California community property law. Consulting with a Southern California family law attorney is a key step in making your way through this unfamiliar area of divorce law, even when the stakes are far lower than the $1 billion-plus dollars the Moores family is reportedly worth. As the Moores' case demonstrates, dividing up assets is often not as simple as it might seem - particularly when disagreements arise over what, exactly, constitutes a joint asset.

Seeking the advice of an experienced Southern California divorce lawyer is a crucial first step in navigating a lengthy, and often complex, process. Revelations about the Moores case, for example, have been dribbling into the media for months, even though the case is not scheduled to go to court until December. The case has already led John Moores to initiate the sale of one of his highest-profile assets: the San Diego Padres baseball team. Having a skilled Southern California family law attorney in your corner can be a crucial step toward making this legal process less onerous.

San Diego News Network: John Moores divorce hearing could affect JMI project financing

Alimony and California divorce have been much in the news lately, partly because of the recent passing of Michelle Triola, whose 1970s lawsuit against actor Lee Marvin established the concept of "palimony" in a 1979 California family law ruling. On a related topic, a story which appeared in the Wall Street Journal last week has sparked a nationwide conversation about the changing nature of alimony itself. The shifting nature of California alimony, California divorce and California family law issues are a reminder of the importance of having a skilled Southern California divorce lawyer in your corner when negotiating a potential legal minefield.

Triola made headlines more than 30 years ago when she sued Marvin for benefits similar to those a former spouse would be entitled to under California divorce law governing alimony and California community property. The 1979 California Supreme Court ruling allowing her suit to go forward established the concept of "palimony", though Triola later lost her attempt to win ongoing financial support from Marvin.

The Journal article notes that alimony has traditionally been seen as a lifetime commitment, usually on the part of the man, after a divorce. Most people believe their divorce to be the final say on issues of alimony and support, but the article cites several instances of spouses returning to court, in some cases decades after the dissolution of a marriage, citing changed financial circumstances and demanding the alimony they initially waived. Several experts quoted in the article note that most American laws governing divorce and alimony date from the 1950s and 1960s, an era when single-income households were the norm and many fewer women has professional skills and careers than is the case today.

The Journal article points out that California is among the states with laws allowing for indefinite California alimony payments. These can continue even if the former spouse receiving them is working and no longer needs the financial support.

An experienced Orange County family law attorney can offer advice on Southern California divorce, alimony and even "palimony" issues. Consulting a Los Angeles divorce lawyer is crucial if you believe your ex-spouse intends to make unfair demands long after a marriage has ended.

Wall Street Journal: The New Art of Alimony

A recent commentary in the Glendale News-Press spotlighted what the author, Kathie Mathis, identifies as a series of shortcomings in the California family court system. Mathis, a former director of domestic violence programs at the Glendale YWCA, says a "conservative estimate" holds that 58,000 children each year are ordered into unsupervised contact with predatory or abusive parents and notes several California family law remedies currently being considered by legislators in Sacramento.

Whether or not you agree with Mathis' positions on these issues (a link to her column can be found at the bottom of this post), her concerns highlight the necessity of top-notch legal representation for anyone faced with Orange County family law issues. Orange County custody and visitation disputes often arise during divorce proceedings. In the months and years after divorce an unequal settlement can lead to claims of parental alienation. In our adversarial justice system the assistance of an experienced Orange County child custody lawyer is critical when confronted with the complexities and stress of the California family courts.

Mathis' commentary offers a checklist of actions one can take to help improve protections for children in Orange County family court. One particular suggestion bears repetition: her call to voters to do some research and to begin taking judicial elections more seriously, rather than simply picking "one (name) to fill in your ballot."

An Orange County family law attorney can be a critical ally in guiding you through our court system and protecting your rights as a parent.

Glendale News-Press: Community Commentary - A Crisis in Family Courts