Orange County Divorce Lawyer Blog

The findings of a state audit released last week were critical of several California family law courts in the northern part of the state. According to the Sacramento Bee, the audit found that the Marin and Sacramento courts "fail to follow their own standards" when it comes to protecting the interests of children in child custody cases.

The paper reports that the State Auditor's office launched the investigation "in response to concerns that the courts are too chummy with mediators and others who help decide child custody and visitation cases." The paper notes that the report does not say in so many words that the shortcomings it identifies are placing children in danger.

According to the Bee, the chief judge of the Sacramento Superior Court issued a statement concurring with the majority of the report's findings. He indicated that he has already initiated a process of changes to court procedures in response to the audit document. In Marin, the reaction was less welcoming. The paper reports that the county's chief judge "wrote that the report's title and chapter headlines were misleading and inflammatory."

The report's criticisms, however, do highlight how important it is for parents to have skilled legal counsel in their corner throughout any child custody and visitation dispute, be it here in Orange County or elsewhere in the state. The audit report cites what it says is poor evaluation and record-keeping by courts and calls for better policies to prevent "conflicts of interest between judges and court-appointed investigators."

One of the most important things one acquires when hiring an Orange County family law attorney is that lawyer's knowledge of the ins and outs of our court system - not only the specifics of the law, but local subtleties that only an experienced area attorney can bring to a case. Conflicts of interest that might affect your right to a deep and loving relationship with your child may not be apparent to a layperson unfamiliar with the ins and outs of the court system. Spotting them, and defending your interests, is one of an Orange County attorney's most important duties to any client.

Sacramento Bee: California audit criticizes Sacramento Superior Court's family court

The Huffington Post's divorce section (a relatively new, but fast-growing, addition to the site) offers an extremely useful primer on the difference between separate and marital property and how those differences can impact your Orange County Divorce.

As the article, written by Jeffery Landers, a financial planner who specializes in divorces, notes, "depending on your individual circumstances, your spouse may be entitled to as much as 50% of your business in a divorce." Since divorce is governed by state law the precise circumstances will vary widely from place to place. California, of course, is one of the nation's nine community property states. Having said that, Landers offers some good, basic advice on protecting your business during a divorce - advice that applies as much here in Orange County as it does anywhere else in the country.

First and foremost, he talks about the importance of prenuptial agreements. While the law is relatively clear on the difference between a separate property asset and a marital asset that does not mean that individual things are not open to debate during the California divorce process. The more of those debates you can foreclose through legal agreements negotiated long before either spouse is contemplating divorce, the smoother the ultimate Orange County Divorce process is likely to be. Of course, agreements are not foolproof (ask the McCourts!) - particularly if one party can later make a case to a California family law court that the agreement is grossly unfair, was entered into under duress or is the product of misrepresentation.

The same can be said for other common business-protection strategies, such as putting your ownership interest into a trust. It might work, or it might not. A lot depends on how you go about it and the quality of the legal work that goes into the actual agreement.

This is the area in which the assistance of an experienced, detail-oriented Orange County family law attorney is so crucial. It can seem unromantic to say that you should speak with a lawyer about protecting your business at the outset of a marriage or other relationship, but the insight and advice an Orange County divorce lawyer can offer peace of mind down the line even if that advice is something you, in the end, never need to act upon.

Huffington Post: How to divorce-proof your business

Behold another blog post about the ramifications of Facebook-ing leading to divorce. Divorce attorneys throughout America are reporting an increase in business recently. Why? Because many social networking sites such as Facebook encourage flirtations that often led to more serious attachments. Attorney Paul Ross reported "[i]t's not just Gen Y, The baby boomers and grey nomads are also getting in on the act ... it's also quite a regular occurrence these days that the client will have found out about an affair through Facebook.''

Further, a 2009 study of 304 students at Guelph University in Canada found that Facebook could create jealousy and suspicion owing to the ease with which people could monitor partners' activities. Facebook could ''connect people who would not otherwise communicate'', the study found. I guess this holds true if you are connecting with people you would not otherwise "know" but meet on Facebook.

Along the same lines of the use of Facebook, our offices have also caught the opposing party in a lie through their Twitter account. Our client, Father, who lives out of State, was in California recently to attend a court hearing. Father asked Mother if he could have visitation with Child, given that he already has limited time with the Child. Mother refused, claiming that she was out of town for the weekend and had "limited" access to the internet. Father attempted to communicate with Mother over the weekend via email in an effort to informally work out other outstanding issues surrounding their custody case. Mother failed to respond to Father's emails, again, claiming she was allegedly out of town and did not have access to the internet. On Sunday morning of that same weekend, Father searched Mother's twitter account and discovered she was online "tweeting" quotes to her twitter account-- thereby catching her in a lie! Mother did have internet access but simply refused to communicate with Father. This is clearly an example of Mother's bad faith tactics and failure to communicate to reduce the cost of litigation.

The moral of the story is that you should not post anything online if you don't want the world to see it. The internet is an amazing invention and you will eventually be caught!

It is essential that individuals facing family law issues, including divorce and child custody, contact an Orange County divorce attorney for assistance.

Source: Facebook the new fast track to divorce court

An essay on the subject of pets and divorce published earlier this month at The Huffington Post has been blogged and commented-upon widely over the last ten days or so. The article, by Jill Brooke (an author who describes herself as a "Blended Families Expert"), looks at the increasing prevalence of pet-related issues in divorce cases.

"According to the American Academy of Matrimonial Lawyers, attorneys have seen a 23 percent jump in pet custody cases," Brooke writes. A similar analysis at the pet-focused website Paw Nation notes that "today half of the 190 accredited law schools in the United States, including Harvard and Yale, offer courses in animal law" - a field that barely existed as recently as a decade ago.

Brooke presents a long string of anecdotes outlining the strife that pet custody can cause in a divorce proceeding. She writes that "dogs used to be viewed as property... But now courts realize that pets are members of the family and their best interests are being considered." That, however, is not an entirely accurate reading of the law, at least here in Orange County and elsewhere in California.

Perhaps the problem is one of terminology. We talk of "custody", and we may think in those terms regarding pets but, legally speaking, your dog and your kids are very different things. It is true that, here in California, legislation signed by Gov. Arnold Schwarzenegger in 2007 (SB 353) allowed courts to issue both custody orders and restraining orders in relation to pets. It is also true that many California divorce settlements contain provisions specifically related to pet custody and visitation. None of that, however, changes the fact that animals, legally speaking, are property and deciding who gets the pet is a property division issue. The terminology ("custody", "visitation") may be similar but the standards for deciding who gets the dog or cat should not be - and, indeed are not - the same as deciding which parent a child should live with.

Terminological distinctions like these are among the most important issues an Orange County divorce lawyer can help clients with. None of this is meant to minimize the emotional trauma that losing your pet in a divorce can engender. In negotiating an Orange County divorce, however, it is important to have the help of a skilled attorney who can help you understand how assets (pets included) differ from one another and who can help you sift through your own priorities in deciding what, exactly, is most worth fighting for.

The Huffington Post: Who Gets the Pet in a Divorce?

Paw Nation: Who gets the dog in a divorce?

If you are involved in any family law matter, whether it be a divorce or a child support issue, do not do anything to undermine your positions in court. Case in point: Eddie Cibrian purportedly cut his child support payments to his ex-wife then subsequently purchased an $85,000 engagement ring for his fiance, LeAnn Rimes. Not exactly the smartest thing to do if you are involved in a pending divorce case. This is all ammunition that Cibrian's ex could use in a court of law.

As I have blogged in the past, the determination of child support consists of several factors. The main factors include gross income of the parties, timeshare that the noncustodial parent has of the child, household deductions, among other factors. Cibrian purportedly sought to lower his child support payments because of the bad economy and his alleged claims that he had little work. If Cibrian is making this claim in court, its not a very wise decision to turn around and spend $85,000 on an engagement ring. That's $85,000 that could go to your kids expenses or college education! This is definitely something that Cibrian's ex could use to attack his credibility. This shows that Cibrian is not considering the financial welfare of his kids but that he finds his fiance of more importance. This is not a good way to make a favorable impression with the courts.

I'll give Cibrian the benefit of the doubt that his fiance is a country star the news of their engagement was all over the news. Notwithstanding, $85K is still a huge amount of money. If Cibrian is trying to feign poverty, its not working.

If you are involved in a divorce or child support matter and need assistance, contact an Orange County child support lawyer for more information.

Source: Brandi Granville ticked, says Eddie Cibrian cut child support before giving LeAnn Rimes $85K ring

When Halle Berry and Gabriel Aubry initially split up, It was reported that the break up was fairly amicable. They purportedly worked out a custody and visitation agreement concerning their daughter. Now, it appears that Aubry has filed a Petition for Paternity with the Los Angeles Superior Court. Filing said documents officially declares that Aubry is the child's father. Additionally, Aubry is also requesting child custody and visitation rights.

When couples are not married, the appropriate route to take in establishing paternity and child custody rights is by filing a Petition to Establish Parental Relationship. Parties may request relief relating to child custody, child visitation, child support and attorney fees and costs. Obviously, unlike a divorce, paternity issues do not involve spousal support or property division issues.

From an Orange County child custody lawyer's perspective, if you are unmarried and have children with your ex-boyfriend or ex-girlfriend, in order to ensure your parental rights are protected, it is definitely a good idea to file a paternity action and request custody relief. You are also able to ask for child support.

For more information, contact an Orange County child custody lawyer for more information.

Source: Halle Berry's Ex to Judge: I'm the Daddy!

Following-up a story I first wrote about last October, the Los Angeles Times now reports that a father who abducted his children from in front of their Anaheim home in the heat of an Orange County child custody dispute has been ordered, along with his parents, to reimburse city and Orange County officials for expenses associated with searching for his sons. Finding the boys, ages two and four, cost the city of Anaheim, Orange County and other governmental agencies around $150,000. As I noted last fall, at one point the search entailed an Amber Alert in every state between California and Texas.

As the Associated Press notes, the children's father, Abraham Fernandez, and grandparents, Louis and Elizabeth Mendoza, recently pled guilty to "two felony counts of depriving custody of a child or right to visitation." Fernandez and his father were sentenced to 270 days apiece in jail, according to the Times. Elizabeth, who did not participate in the actual abduction but sheltered Fernandez and his boys at her home in Texas, was sentenced to 90 days.

The fines levied against Fernandez and his parents are a stark reminder that however badly an Orange County father or mother feels their rights have been infringed, kidnapping one's children is never the answer. Doing so endangers the children and immediately puts a parent at odds with the law. This, in turn, makes it difficult, if not impossible, to win later Orange County child custody cases once they reach California family court.

By far the better solution is to consult carefully with an Orange County child custody attorney. An experienced lawyer can offer detailed and timely advice on the best way to defend your rights and maintain the relationship with your children that you deserve.

Los Angeles Times: Father, grandparents must pay $150,000 cost of searching for missing boys in Anaheim

AP via the San Francisco Chronicle: Father, grandparents must pay $150K for search

I previously blogged about the ongoing divorce involving Phoenix Suns point guard, Steve Nash here. In another turn of events, Steve Nash requested that the court records involving his divorce be sealed by the Maricopa County Superior Court. Nash's soon to be ex-wife, opposed the request. A judge recently ruled that there was no reason to seal the court records, thus denying Nash's request.

From an Orange County divorce lawyer perspective, usually court records will be sealed if the matter pertains to highly confidential information (such as sensitive matters involving child custody, privileged information, intellectual property issues etc.) I wonder under what grounds Nash requested his records be sealed, other than the fact that he is in the public eye.

Going through an Orange County divorce is never easy. There are numerous issues that arise, including but not limited to child support, spousal support, property division, child custody and child visitation in heated divorce cases. Contacting a reputable and knowledgable Orange County divorce lawyer can relieve the increasing stress you may experience as well as assist you in the divorce process.

Source: Steve Nash divorce case won't be sealed

The dawn of a new year brought with it some potentially significant changes to California's family law statutes governing divorce here in Orange County and elsewhere around the state. As NBC San Diego notes, the most significant effect of what are commonly known as the "Elkins Laws" will be the requirement that "most couples testify in person, in court, rather than having their attorneys submit written statements from their clients."

Whether this is going to speed up Orange County divorces or bog them down depends a lot on who you ask. NBC San Diego and other media outlets had an easy time finding attorneys who would say, on the one hand, that taking testimony in person (unless both sides waive that right) will turn short meetings into long ones, turn depositions into "mini-trials" and make the California divorce process longer, more expensive and more stressful than it already is.

They were also, of course, able to find attorneys who took exactly the opposite view. The belief that things may now move more quickly and smoothly rests on the theory that "divorce cases now generate huge amounts of paperwork, often because of the very lengthy legal declarations that are now filed with the court" and to which all parties must respond. This theory holds that doing things in person will ultimately be quicker than writing up long documents and waiting for the large number of interested parties to read them and comment individually.

Well-argued on both sides. It goes without saying, however, that two weeks into 2011 there is no data that will resolve this dispute one way or the other.

What we can say with assurance is that these changes to California divorce law emphasize the importance of experienced legal representation during every phase of an Orange County divorce. New laws, such as these, are one of the main reasons why an Orange County divorce and family law attorney offers much more than legal representation in the narrow sense of the term. He or she can often be an essential guide through the complex and unfamiliar world of family law for clients who need to know that justice has been done at the end of the day.

KFMB-TV.com: New California divorce laws make untying the knot a lot harder

NBC San Diego.com: New divorce laws may dent your wallet

Former Terminator 2 star, Eddie Furlong, was arrested this past Tuesday for violating a restraining order protecting his wife. The restraining order specifies that Furlong must stay at least 100 yards (a whole football field) away from his estranged wife, Rachael Kneeland. Kneeland obtained a restraining order last September wherein Furlong must stay at least 100 yards away from her for at least, three years.

In Kneeland's moving papers, she alleged that last September 23, Furlong "grabbed me, bruised me, pushed me ... left messages saying he would hire people to come and beat me with chains and bats. He is smoking cocaine and doing other various drugs. He is very unpredictable." Furlong has denied these allegations. However, the Judge granted the restraining order and ordered Furlong to seek counseling.

Serious domestic violence allegations could result in the issuance of a restraining order. Having a restraining order on your record is not something you want lingering. It could potentially inhibit your attempts to find gainful employment as some employers do not want to hire people that have had a restraining order issued against them.

For more information on dealing with domestic violence and how to obtain a restraining order in Los Angeles County or Orange County, contact an Orange County domestic violence attorney.

Source: Eddie Furlong of Green Hornet Arrested

An article last weekend in the San Mateo County Times serves as a reminder of the difficult situation many fathers here in California and elsewhere face when caught up in international child custody cases.

"Basically, I'm getting doors slammed in my face," Andoni Petroutsas told the paper as he detailed his struggle to enforce a California family law child custody order regarding his five-year-old son. Last August, a court in Santa Cruz issued an arrest warrant for Petroutsas' ex-wife after she failed to honor its earlier California child custody ruling. Because she is now living in Greece (where she has dual citizenship with the United States), however, the order is effectively unenforceable. "There are not strong extradition agreements between Greece and the U.S.," the paper notes.

According to the paper, the couple split up soon after their son's birth. The boy has shuttled back-and-forth between his mother and father ever since, with the mother living in Greece for much of that time. Last April a federal court awarded Petroutsas full custody, but allowed the mother to take the boy to Greece for a "final" six-week visit, ignoring warnings from Petroutsas that she was unlikely to send him back.

In an email to the newspaper, the mother defended herself, called the custody argument complicated and "raised questions about her ex-husband's behavior." She also noted that a Greek court has issued a ruling that is, essentially, a mirror image of the American court decision: awarding her custody on the grounds that Petroutsas abducted the boy to America. The paper notes that the US embassy in Athens has told Petroutsas it can be of little assistance since it is able mainly to facilitate help from the Greek authorities and the Greek court ruling makes such assistance highly unlikely.

International custody disputes involving alleged child abductions are among the most complex and stressful of California child custody cases. Fathers, in particular, often feel the custody system is stacked against them. In fighting for their California fathers' rights they also find, in cases like these, that their legal options can be even fewer in number than they would be were the dispute confined to the United States. An Orange County international custody dispute attorney who is both experienced and compassionate can be a wronged father's most important ally when embarking on this difficult legal road.

San Mateo County Times: Feds opt out of international custody dispute centered on boy from Capitola

Jon and Kate Gosselin are making headlines again with Kate Gosselin's recent filing of a Contempt action against Jon. I blogged about the punishment for Contempt in California here. It turns out that Kate is filing for Contempt because Jon has purportedly violated the parties' custody order that prohibits both parties from discussing the case. Kate alleges that Jon is in contempt because he is purportedly selling information about the case and tweeing his displeasure of the Judge's prior decisions.

Further, Kate is claiming that Jon is willfully disobeying the orders in an attempt to earn money. She is requesting that the judge to modify the custody agreement to protect the children.

From an Orange County family law perspective, in order to prevail in a Contempt matter here in California, the following requirements must be met to prevail in a Contempt action:

(1) There must be a valid order;
(2) The citee must have knowledge of the order;
(3) The court must find that the citee had the ability to comply with the order;
(4) To be held in contempt, the accused party must have willfully disobeyed the order.

Pursuant to CCP section 1218(c), a citee who is found in contempt of court for failure to comply with a court order under the Family Code must at minimum, be sentenced to the following:

(1) On a first finding of contempt, performance of community service of up to 120 hours or imprisonment of up to 120 hours for each count.

(2) On a second finding of contempt, performance of community service of up to 120 hours, and imprisonment of up to 120 hours, for each count.

The court must take also take the parties' employment schedules into consideration when ordering community service, imprisonment or both.

For more information about filing for Contempt in Orange County, contact an Orange County family law lawyer for more information.

Source: Kate Gosselin Moves to Hold Jon in Contempt

I previously blogged about Jermaine Jackson's attempts to reduce his Los Angeles County child support obligation here. Now, various media reports are stating that Jermaine is now stuck in Africa with an expired passport, which cannot be renewed until he pays off his existing child support debt to bring his account current.

This scenario is definitely common and something we have seen in the past. Holding the payor's passport until he or she brings their account current is a way the Department of Child Support Services gets deadbeats to pay their child support debts. It may be a double standard if the payor needs to travel internationally for work in order to earn money to be able to pay off the actual child support debt. But, what can you do? The Department of Child Support Services is a large entity and a payor will not get very far unless they cooperate with the Department's procedures. In our experience, the Department of Child Support Services will not release or renew an obligor's passport until the account balance is paid in full. Let this be an incentive for deadbeats to start paying their child support payments.

Additionally, the Department of Child Support Services can also take other self help measures to get deadbeats to pay such as taking away their driver's license. Especially, in California, where driving is a necessity in order to get from place to place. It is important for obligors to pay their child support debt to avoid the confiscation of their driver's license and passports.

Contact an Orange County child support lawyer for more information.

Source: Jermaine Jackson--- Stuck in Africa

A spokesman for John Mellencamp confirmed last week that the rocker and his wife of 20 years, Elaine, plan to divorce, according to the Associated Press. It was unclear from the agency report, as well as accounts of the break-up on a number of celebrity-watching blogs, whether the couple plan a California divorce or intend to file in another state.

Mellencamp is famously from a small town in Indiana - a fact he has built into many of his hit songs (including one about his marriage to Elaine, a former model). The couple have been raising their children in Indiana, according to the AP, but also own property in California and, by some accounts, may seek to finalize their divorce here.

If these reports are accurate that would make Mellencamp's split the latest in a growing line of celebrity break-ups to involve jurisdictional questions. As Winiviere Sy and I have noted in earlier posts, celebrities and their spouses can have a number of reasons for seeking a California or Orange County divorce, or for seeking to avoid one. Shaquille O'Neal's wife sought to establish residency here shortly before her break-up with the basketball star, apparently with an eye on California's community property laws. A similar focus on community property may lead Michael Douglas' ex-wife Diandra into a Los Angeles or Orange County family law court as she continues her battle for a share of the money his earnings from the latest Wall Street movie. Sandra Bullock, in contrast, filed for divorce in Texas with an eye toward avoiding public scrutiny.

Looked at that way, what the Mellencamp situation highlights is the importance of strong, experienced legal counsel whenever one embarks on a potentially difficult and complex life decision, such as a Los Angeles or Orange County divorce. An Orange County divorce and family law attorney can advise clients on strategies that are both attuned to their personal circumstances and designed to protect their interests where property, money and, most importantly, California child custody and visitation are concerned.

AP via Huffington Post: John Mellencamp & wife Elaine SPLIT: Divorce after 20 years

Life after a bitter divorce can be a big sigh of relief. Often times, newly divorced people find love again. But, sometimes finding new love does not always equate to remarriage. Case in point: Kevin Federline. Reports through the media are stating that Kevin refuses to marry his long time girlfriend, Victoria Prince, just so that he can continue to collect his spousal support payments from his ex-wife, Britney Spears.

In California, spousal support is payable by one party to the other until death of either party, remarriage of the recipient spouse, or further order of the court. Additionally, cohabitation is also a means to stop the payment of spousal support but often times, it is difficult to prove. Based on California spousal support law, should Kevin Federline marry is long time girlfriend, his receipt of spousal support will end by operation of law. Kevin is currently receiving $20,000 per month in spousal support plus an additional $15,000 per month in child support. That is a huge chunk of change and its a benefit to the recipient spouse to sit around and collect his money.

On another note, Kevin and Britney were not married for 10 years or more so I suspect that Kevin's spousal support monies will elapse soon. He really should not be receiving lifetime California spousal support.

For more information on divorce and spousal support, contact an Orange County divorce lawyer for more information.

Source: Kevin Federline Flatly Refuses to Marry Victoria Prince

A recent Associated Press article exploring the ever-complicated issue of international child custody cases touched off by parental abductions is shining new light on a problem that never seems to go away. As the piece notes, two of America's most important Asian allies - India and Japan - are among the nations that parents and State Department officials alike have the most trouble dealing with. Neither country, the news agency notes, is among the 80+ signatories to an international convention designed to add some certainty to international custody cases.

According to the article, the two countries account for 300 cases involving "more than 400 children, opened by the State Department since 1994." Here in California and elsewhere, many cases like these turn on international marriages that end in divorce, after which one parent takes the children back to his or her home country in defiance of an American court order.

With a new Congress scheduled to be sworn-in tomorrow there is a chance this issue may receive more attention. With Republicans taking control of the House of Representatives, Rep. Chris Smith of New Jersey is scheduled to assume the chairmanship of a key subcommittee that examines human rights practices worldwide (the House Foreign Affairs Subcommittee on Africa and Global Health). Smith has long been the House's most outspoken advocate of the rights of American parents caught in child abduction and international child custody battles. According to AP, Smith plans to introduce legislation to create an Office of International Child Abductions within the State Department.

Child abductions can be among the most jarring results of a divorce in Los Angeles, San Bernardino County, here in Orange County or elsewhere in California. California and Orange County child custody issues should be settled within the law. Doing so requires not only strong legal representation, but the assistance of an Orange County child custody attorney with sufficient experience to alert clients to possible pitfalls of a settlement agreement, and to insist on safeguards that can prevent an otherwise Orange County unremarkable divorce from turning into an international child abduction case.

AP via The Japan Times: U.S. may up child custody pressure

Details surrounding the Los Angeles County divorce of Emmy Rossum have surfaced. There is not anything too dramatic but here is a run down of the details of their divorce Judgment:

1) Rossum to keep the Beverly Hills residence (she probably had enough money to buy him out or this is her separate property);
2) Rossum to keep her two production companies in her name;
3) Several bank accounts;
4) Trust account;

Rossum's ex-husband, Justin Siegel, was awarded the following:

1) The Mercedes Benz vehicle;
2) His LLC company;
3) An $11,500 security deposit from a Coldwater Canyon residence;

As for an equalization payment (which means one party must pay another party some money in order to effectuate an equal division of community property), Rossum is to pay Siegel $57,500. Equalization payments are not considered income and are nontaxable.

Additionally, both parties agreed to waive the receipt of spousal support. This is typical in short-term marriages where you have similarly situated spouses.

As and for payment of attorney fees, both parties have agreed to pay for their own respective attorney fees and costs. From a legal standpoint, this leads me to believe that the parties are likely equally situated in terms of income.

For more information on seeking an Orange County or Los Angeles County divorce, contact an Orange County divorce lawyer for more information.

Source: Emmy Rossum's Low-Budget Divorce: How Much Did Split Cost Her?

In a typical California divorce, it is very common for couples to dispose of the family residence, whether it be by selling it, one party buying the other party out or allowing one spouse to remain in the house with the children until the youngest child gradutes high school. Often times, couples will elect to sell the house because neither party can afford to buy the other out. Thus, selling a family residence is the only remaining alternative.

If you are a potential buyer of a home from a divorcing couple, here are some things to keep in mind.

1) Buying a home from a divorcing couple could mean that you will get a "bargain" on the sales price. Often times, divorcing couples are desperate to get rid of the house and will sell it for a reasonable, bargain price.

2) Potential buyers will have to deal with the "drama" from the selling couple. Often times, one party will want to sell immediately to get their share of the proceeds and move on with their life while the other party will drag their feet, making it difficult to sell the house. We have seen this scenario countless times in our practice. One party wants to immediately sell, they will sign all documents to facilitate the sell and makes sure that escrow runs smoothly. On the other side of things, the difficult party will delay and delay and delay. They will refuse to sign pertinent documents and until after the deadline. They will refuse to let the other party retrieve their items if the other party has been excluded from the house.

One other problem involving selling a home involving divorcing parties is that often times the divorcing couple cannot agree on a sales price. It may takes weeks, if not months, to get the house listed because the parties cannot agree upon a sales price. Further, once an offer is made, sometimes the couple cannot come to an agreement on whether to accept an offer or whether they should counter. Clearly, there are a whole host of other issues that may arise in buying a home from a divorcing couple.

If one person tries to sabotage the sale of the residence, know that an Orange County divorce lawyer can motion the court for a request that the disruptive party be held financially responsible for the losses as a result of the disruptive party's actions.

Contact an Orange County divorce lawyer for more information.

Source: Beware buying a home from a divorcing couple