Orange County Divorce Lawyer Blog

Nowadays we are seeing more and more couples opting to live together rather than getting married fairly quickly. A new article reports that due to such cohabitation, it provides a "firewall" to stop unstable relationships from ending years later in divorce.

Back in the 1960s, fewer than one in 100 adults under the age of 50 were living together as unmarried couples. However, nowadays, the figure has risen to one in six, as cohabitation becomes more widely accepted and is no longer seen as "socially deviant."

The Office of National Statistics found that adults were increasingly delaying their relationship commitments until later in life.

In the vast majority of marriages - 80% in recent years - couples have spent a period of time living together before getting married.

From an Orange County divorce lawyer's perspective, each couple is different. Maybe living together does provide a firewall to stop unstable relationships from ending in divorce. However, I have seen the demise of many marriages of couples who live together prior to marriage. Whatever the case may be, going through a Los Angeles County or Orange County divorce can be a stressful time in your life. In order to ensure that your divorce is handled efficiently, contact an Orange County divorce lawyer for further assistance.

Source: Couples living together provide firewall to divorce

Would you ever stay with your spouse simply because you could not afford to divorce him or her? Well, there may be a correlation between the downturn in the economy and divorce rates. Indeed, some people opt to stay with their spouses simply because they cannot afford to divorce them. Often times divorce comes with one party paying the other spousal support and/or child support. In California, if there is a house involved and one spouse wants to keep it, one party will have to come up with the funds to buyout the other spouse's community property interest in same. Given the downturn in the economy, most people cannot afford to pay support and pay a buyout amount to keep property. So, they stick out with the spouse.

The Census Bureaus released findings that the number of divorced men and women over the age of 15 grew by more than 930,000 to 26,996,203 in 2010. Both divorce and separation rates are off of their lows in 2008 when the economy went bad.

At any rate, divorce does not have to be expensive if you and your spouse are willing to work it out. It especially helps if you and your spouse come up with an agreement to dissolve your marriage amicably. On the flip side, if you and your spouse have accumulated substantial California community property, have children and have been married for quite some time, then unfortunately, you are looking at a big pay out depending on the facts of your case.

At any rate, if you are contemplating a Los Angeles County or Orange County divorce, contact an Orange County divorce lawyer for more information.

Source: What Divorce Rates Tell Us About the Economy

It was reported a few weeks ago that Tareq Salahi's wife, Michaele, had run off with Journey guitarist, Neal Schon. Tareq had initially believed Michaele was kidnapped. However, on the heels of finding out that she had run off with another man, Tareq has filed for a divorce. In a petition for dissolution of marriage filed in Virginia, Tareq states as follows:

"Over the objections of me, she continually exposes our friends and acquaintances to her adulterous relationship and has flaunted the same throughout the community, the nation and indeed the world, and thus caused ... me to suffer great harm, humiliation, and embarrassment,"

Tareq also states:

"There is no hope or possibility of reconciliation," he said, adding that he "has been greatly hurt and disturbed" by her actions

The couple were married for nearly 8 years, a short-term marriage under California standards. They do not have any minor children.

To add more drama to the Salahi divorce, Michaele has locked her husband out of all Journey concerts. Indeed, she has placed signs with his picture up, warning people not to allow "this man" backstage despite his all-access pass. Looks like this divorce is going to get nasty!

From an Orange County divorce lawyer's perspective, the couple have a prenuptual agreement. Indeed, Michaele might lose more than her marriage by running off with Schon. According to the Salahi's prenuptual agreement, obtained by TMZ, she is stripped of any rights to money or property accumulated during their marriage if she cheats, and she forfeits her right to spousal support if she moves out. It'll be interesting to see how this all plays out in court. Stay tuned!

Source: Salahi Divorce Turns Nasty

The actress who played, Jackie, on Roseanne, is getting a Los Angeles County divorce from actor-husband, Matt Roth, after 6.5 years of marriage. The couple have been separated since November of 2008. They have three minor children together, Will, 17, Donovan, 11, and Mae, 6. Metcalf is citing irreconcilable differences and Roth is requesting joint legal and joint physical custody of the parties' children.

From an Orange County divorce lawyer's perspective, this particular marriage is a marriage of short-term, only 6.5 years of marriage. In terms of spousal support, the recipient spouse, if he/she requests same, will be entitled to spousal support for one-half of the length of the marriage. Additionally, the parties will have to work out a child custody and visitation plan for the three children.

Further, after child custody and visitation is worked out, child support will have to be dealt with as well. Since Roth is requesting joint physcial custody (meaning he will have custody of the children 50% of the time), any child support due to the recipient will be affected by said 50% timeshare, among other factors.

At any rate, if you have an Orange County or Los Angeles County divorce matter, contact an Orange County divorce lawyer for more information.

Source; Laurie Metcalf is getting divorced

If you are involved in a Los Angeles County or Orange County child custody dispute and have a child who is old enough to express his or her views on which parent he/she would like to live with, the courts may consider "child's preference" in making the determination as to what is in the best interest of the child.

Indeed, pursuant to Family Code section 3042(a), it states as follows:

"If a child is of sufficient age and capacity to reason so
as to form an intelligent preference as to custody or visitation,
the court shall consider, and give due weight to, the wishes of the
child in making an order granting or modifying custody or visitation."

Additionally, Family Code section 3042(c) states as follows:

"If the child is 14 years of age or older and wishes to address
the court regarding custody or visitation, the child shall be
permitted to do so, unless the court determines that doing so is not
in the child's best interests. In that case, the court shall state
its reasons for that finding on the record."

Further, it should be noted that the child's age alone is not determinative of whether the child's wishes must be considered and weighted. Rather, such qualities as the child's sincerity, bearing and degree of maturity should be judged. Marriage of Rosson (1986) 178 CA3d 1094, 1103. In Rosson, the wishes of children 10 and 13 years old whom the mediator found to be "very mature" were properly considered and given some weight.

The child's wishes are entitled to greater consideration in modification proceedings than in the initial custody determination because in the former situation the child will have lived with the arrangement and will have a more informed basis for his or her preference, according to Marriage of Rosson.

Finally, Family Code section 3042(f) states as follows:

"To assist the court in determining whether the child wishes to
express his or her preference or to provide other input regarding
custody or visitation to the court, a minor's counsel, an evaluator,
an investigator, or a mediator who provides recommendations to the
judge pursuant to Section 3183 shall indicate to the judge that the
child wishes to address the court, or the judge may make that inquiry
in the absence of that request. A party or a party's attorney may
also indicate to the judge that the child wishes to address the court
or judge."

For more information on filing a post judgment modification for child custody or visitation, contact an Orange Couny child custody lawyer for more information.

The question of who owns the Dodgers will soon be determined next year in the latest saga of the McCourt divorce. The divorce trial is expected to take place in the Spring or Summer of 2012 and last about 30 to 45 days.

To recap, Frank McCourt claims sole ownership of the Dodgers while soon to be ex-wife Jamie claims that she owns half. It is unclear when the Dodgers will emerge from federal bankruptcy protection. After the Dodgers took a $150-million bankruptcy loan from Major League Baseball, Frank McCourt's attorneys said the team had funding to operate until well into next season.

Although Superior Court Judge Scott Gordon could decide ownership of the team before the bankruptcy proceedings end, he emphasized Wednesday that "the ultimate question of the disposition of the Dodgers" would need to wait for a resolution in Bankruptcy Court. Until the issue gets out of bankruptcy court, the team cannot be sold through the family law court.

The 2012 trial would resolve all remaining Los Angeles county divorce issues, including team ownership, permanent support and division of assets. Frank McCourt hopes to show the Dodgers are his alone by tracing their ownership to a company he founded before marriage, an effort both sides said would require tracking funds for more than three decades.

Additionally, this past Wednesday, the parties agreed that Frank McCourt would continue to pay $225,000 per month in temporary spousal support. However, the court eliminated the $412,000 per month he has been paying to maintain the couple's residential properties -- pending a November hearing.

One of the couple's two Holmby Hills homes was sold last month. The proceeds from the sale of said home will fill the support gap. Two properties in Massachusetts and another in Montana are for sale, according to court documents.

The McCourts are scheduled to return to court Nov. 17 and 18, when Judge Gordon is expected to hear arguments on spousal support and attorney fees and set a trial date.

From an Orange County divorce lawyer's perspective, its never easy going through such a heated and contested divorce, especially when millions of dollars are at stake.

Contact an Orange County divorce lawyer for more information.

Source: Final Frank and Jamie McCourt divorce trial? Wait till next year

Pursuant to Family Code section 4320(m), there is a rebuttable presumption that when there has been a criminal conviction for an act of domestic violence by one spouse against the other within 5 years before, or any time after, filing of the dissolution petition, a court should not make a spousal support award to the abusive spouse.

So, what does this mean? If you have been convicted of an act of domestic violence by your spouse within 5 years (before or after the filing of the divorce petition), a court has discretion to not award the abusive spouse with spousal support.

Does the abusive spouse have any recourse? For instance, if the abusive spouse has redeemed himself or herself, if he or she has attended anger management classes etc., is there a chance to obtain spousal support, especially, if there is a great disparity in income between the parties? According to the same code section, in order to rebut the presumption set forth above, "the court may consider, among other things, documented evidence of a convicted spouse's history as a domestic violence victim."

In the case of Marriage of Cauley, (2006), 138 CA4th 1100, the former wife's conviction for domestic violence against former husband rendered agreement for nonmodifiable and nonterminable spousal support to her unenforceable on public policy grounds. Since Wife was convicted for a prior act of domestic violence, an agreement stating that she be awarded nonmodifiable and nonterminable spousal support was unenforceable.

Either way, if you have a criminal law matter or a family law matter, contact the attorneys at the Law Offices of David P. Schwarz for assistance. We are here to fight for you.

The saga of the McCourt divorce continues. This past July, Frank McCourt filed an Order to Show Cause to reduce his spousal support obligation to Jamie. Prior to said filing, this past May, Superior Court Judge Scott Gordon, ordered Frank to pay $225,000 a month in spousal support and more than $400,000 a month to maintain the parties' multiple homes.

In the recent Order to Show Cause papers filed in July, Frank claimed that he has paid more than $5.0 million to cover the mortgages of six homes and a condominium over the last year. Additionally, Frank claims that he paid Jamie $2.7 million in temporary spousal support.

Frank also claims that the spousal support payments should be more along the lines within the $5 million he receives annually and either Jamie McCourt should be ordered to pay the mortgages herself or the properties should be sold.

In contrast, Jamie claims that Frank has received more than $44 million into his bank accounts since June 2010, justifying the fact that she should continue to receive the current spousal support order.

It will be interesting to see how the Judge rules on this matter. When you are dealing with assets and the income of the filthy rich, courts tend to make orders outside of guideline. So, we'll see.

At any rate, going through a divorce can be stressful. Parties often deal with issues surrounding spousal support, child support, property division, attorney fees and costs, among others. This is why hiring an Orange County divorce lawyer could work to your benefit to ease some of the tension.

Contact an Orange County divorce lawyer for more information.

Source: McCourt Divorce: Spousal Support for Jamie may be reduced

I came across an interesting article about a California man suing his ex-fiance for return of a $53,000 engagement ring and a 2006 Hummer. From an Orange County divorce lawyer's perspective, the kicker in this story is that the couple never married. The California man, James Makalian, is suing his ex-fiance in civil court.

According to court documents, in April 2011, the woman, Nichole Grazioli, broke off the couple's engagement. When Mekalian requested the return of the engagement ring and the 2006 Hummer, Nichole Grazioli refused.

According to insurance documents attached to the court filing, the ring is 14-karat and includes a 4-carat diamond and 90 "round brilliant cut diamonds" that was appraised by Warner Co. Jewelers for $52,550. An old title for the 2006 Hummer list's Javette Transportation, the company owned by Mekalian, as the owner of the vehicle in April 2009. In court documents, the value of the sport utility vehicle is listed as $25,000.

Hypothetically, if the couple married and the Husband requested the return of the engagment ring upon divorce, could he get it back? Well, it depends on the facts of the case. Generally, engagement rings given to Wife is typically considered a gift. So, the short answer is no. All gifts acquired during the marriage belong to the recipient. Now, if the parties signed a contract or prenuptual agreement indicating that upon divorce, the wife has to return the engagment ring to the husband, then she should do so.

At any rate, its always a smart idea to sign a California prenuptual agreement if you want your assets protected prior to any marriage.

Contact an Orange County divorce lawyer for more information.

Source: California Sues former fiance for $53K engagement ring

Here is a fun article I came across written by family law attorney, Mindy R. Smith. These are the 10 signs you should watch out for if you think you are headed for a divorce.

RED FLAG #10: If your spouse is facebooking with his or her high school sweetheart on a daily basis, you may be heading for a divorce. While I don't personally believe it poses an issue if your spouse has occasional contact with an ex-lover, the contact seems to become a problem when this communication is substituted for communication with the spouse and/or if this communication is hidden from the other spouse. Many people wonder 'what if' when faced with the doldrums of everyday life. It is easy to imagine that your life would be better with that college sweetheart or that high school football star that got away. However, what one fails to realize is that a new relationship brings new issues.

RED FLAG #9: If you spouse has gained more than 20% of his or her body weight, you may be headed for divorce. In every marriage, it is important for each spouse to maintain a healthy lifestyle. Part of keeping the passion alive is maintaining the physical presence that attracted your spouse to you in the first place. When one spouse no longer cares about his or her appearance, the other spouse can lost interest quickly. The old adage of "what it takes to get her, it takes to keep her" is actually true.

RED FLAG #8: If you spouse is donning sexy new underwear all of a sudden, you may be headed for divorce. If your spouse makes a drastic change in his or her underclothes, you have to wonder why. This is one of the all-time biggest signs of an early stage of a new affair.

RED FLAG #7: If your spouse lies around all day and yet house needs cleaning, you may be headed for divorce. Being married is not a time for laziness. Each partner needs to do his or her part to share in the household chores. It is never permissible for one spouse to do everything in the marriage whether that is child-rearing, earning income, or maintaining the home.

RED FLAG #6: If your spouse is secretive with his or her cell phone, you may be headed for divorce. In today's society it is very easy for one individual to maintain one persona to his or her spouse and another to others. Cell phone and computer use does not make it any easier. Many of my clients felt their marriages unravel when their spouse began to be overly secretive with cell phone usage.

RED FLAG #5: If your spouse makes you write down everything you spend money on, you may be headed for divorce. This is a classic sign of a controlling and emotionally abusive spouse. Marriage is about sharing love and life experiences not monitoring your spouse's every move. Control is never a healthy weapon in marriage. Each person is an individual and must be treated as an adult.

RED FLAG #4: If your spouse no longer wants to have sex with you, you may be headed for divorce. Sex in an integral part of a healthy marriage. It provides a way to connect with your spouse on an emotional as well as physical level. Sex is good exercise and promotes healthy well-being. If your spouse no longer shows sexual interest in you, it is imperative to try to find out why and work on the issues. Often lack of sex leads one spouse to resent the other spouse over time.

RED FLAG #3: If your spouse spends more time on the tennis courts than spending time with you, you may be headed for divorce. It is very easy for a married person to find oneself completely absorbed in the activities of everyday life. In order for a marriage to have a chance at succeeding over time, each spouse has to put the marriage first. Making time on a daily basis to connect with your partner is an absolute must. If you spend more time focusing on other people or other activities, then your marriage is bound to suffer.

RED FLAG #2: If your spouse cruises singles bars after work, you may be headed for divorce. The 'singles scene' should have a danger sign posted at every corner bar. It takes a person of high integrity and moral footing to be able to withstand the singles who do not believe in marriage or respect it. If your spouse is constantly going to singles bars alone, one has to wonder if he or she divulges their true marital status to the other singles out there.

RED FLAG #1: If your spouse wants you to swing with your neighbors, you ARE headed for divorce. It amazes me how a seemingly innocent and loving couple gets drawn into this lifestyle which almost always leads to the ultimate demise of a marriage. It begins when one spouse has fantasies of 'swinging' but the other spouse does not. The unwitting spouse gets sucked into this lifestyle by promises of good sex and a happier marriage. It often leaves the less enthusiastic spouse feeling guilty, less attractive, and vulnerable.

Whatever the reason may be, if you are headed for a Los Angeles County or Orange County divorce, contact an Orange County divorce lawyer for more information.

"Shear Genius" star, Jonathan Antin's wife, Sescie Antin, has just filed for a Los Angeles County divorce citing irreconcilable differences. The couple married back in 2006. The couple also have 2 children together, a 4 year old and a 5 year old. Sescie is requesting joint legal custody and primary physical custody with Jonathan to be given child visitation rights.

Additionally, Sescie states that there is a prenuptual agreement in effect which states that Jonathan will pay for her mortgage and all home expenses until their youngest child turns 21 years of age.

From an Orange County divorce lawyer's perspective, this is a rather typical divorce involving child custody, child visitation and prenuptual agreement issues. Its a common scenario for the mother to request primary physical custody of the minor children since she is probably the primary caretaker.

If either party is entering the marriage with substantial assets, it is a smart decision to draft a prenuptual agreement to ensure that parties' separate property assets are protected. In this case, if the prenputual agreement is valid, Jonathan will have to pay for the mortgage on the residence and all living expenses associated with same until the youngest child turns 21 years of age.

Further, Sescie is also entitled to child support and spousal support for one-half of the length of the marriage (since this is a short term marriage).

If you are contemplating an Orange County or Los Angeles County divorce, contact an Orange County divorce lawyer for more information.

Source: 'Shear Genius' Star: Marriage comes to Split End

The Los Angeles County child custody and child support battle between Mel Gibson and his ex-girlfriend, Oksana Grigorieva has been resolved (at last!). According to reports, Mel will pay Oksana the sum of $750,000 over the next five years. Further, Oksana will continue to live in the house owned by Mel until the minor child turns the age of 18. Thereafter, the house will be sold and the proceeds placed in a trust for the child. Additional provisions of the order preclude the parties from publicly discussing each other or their relationship. The Judge also specifically stated that they also cannot write books about each other.

With respect to the Los Angeles child custody issues, the parties will share joint legal and joint physical custody of the child. As part of the parties' duties in sharing joint legal custody, for example purposes only, they must jointly make decisions regarding the following:

1. Enrollment or termination in a particular private or public school;
2. Beginning or ending the regular practice of a religion;
3. Commencement of psychiatric, psychological, or other such mental health counseling or therapy;
4. Change of the child's residence;
5. Passport applications;
6. Enrollment in regular occurring extra curricular activities;
7. Non-emergency medical/dental treatment other than routine checkups.

If you have any concerns about any Los Angeles County or Orange County child custody, child visitation or child support issues, contact an Orange County divorce lawyer for more information.

Source: Mel Gibson Settles Money, Custody Issues with Ex-Girlfriend

Earlier this year, I blogged about Jaime Pressly's divorce from her husband Simran Singh and the potential child custody battle with her ex-boyfriend, Eric Cubiche here. The potential custody battle was probably brought upon by Pressly's DUI at that time. Now, it has been reported that Pressly will face three years of informal probation. Additionally, she is also required to attend a six-month alcohol education class and must have an ignition locking device installed on her car. At the time of her DUI in early January of this year, police said her blood alcohol level was nearly three times the legal limit of .08.

Nothing has been reported as to if Cubiche moved forward with his child custody modification request. However, we all know that DUI does not set a good example for your children. Since Pressly has a small child, said DUI probably gave Cubiche reason to possibly file a modification of child custody and visitation, although it has not been reported that he has filed one yet.

From an Orange County divorce lawyer's perspective, do not let DUI and other criminal activity pose a risk to potential child custody and visitation issues as there could be drastic consequences both to your criminal record and to your family law case.

If you unfortunately become involved in a criminal dispute, contact an Orange County criminal defense lawyer for assistance.

If you have any child custody or child visitation disputes, contact an Orange County divorce lawyer for further assistance.

Source: Jaime Pressly gets probation for DUI

After 16 years of marriage, Melissa Gilbert has decided to file for divorce from her husband, Bruce Boxleitner. Gilbert cited "irreconcilable differences" and listed the date of separation as the date of their 16th wedding anniversary. The couple have one son, Michael, age 15. Additionally, Melissa is seeking spousal support and joint legal/physical custody of their son.

Interestingly enough, Melissa's younger sister, Sara Gilbert, also announced her split with her partner, Allison Adler, who was her partner for 10 years.

From an Orange County divorce lawyer's perspective, the parties herein were married for more than 10 years, which is considered a long term marriage in California. Since Melissa is seeking spousal support, if she were to be awarded same, the court would retain jurisdiction over same. (i.e. her spousal support awarded would not be limited to one-half of the length of the marriage like in short term marriages of less than ten years)

The parties will also have to work out their Los Angeles County child custody and visitation issues. The parties son is 15 years old so he is able to state with whom he would like to live with, among other issues.

At any rate, going through an Orange County or Los Angeles County divorce can be very stressful. Hiring an Orange County divorce lawyer to assist you in any spousal support, child support, child custody, visitation and property division issues is key.

Contact an Orange County divorce lawyer for more information.

Source: Melissa Gilbert files for divorce

According to a recent article I just read about, people living in Pennsylvania are both marrying and divorcing at a lower rate compared to the rest of the country. The article claims that people who marry later in life have a greater chance of staying together. Additionally, sociologists have found that factors such as age, income, religion and education can all play key roles in the timing and success of a marriage.

A Census Bureau family demographer, Diana Elliot, also claims that relatively high percentage of people who pursue degrees in the Northeast are presumably a primary reason for lower marriage and divorce rates.

"Part of what's going on is that people don't get married until their education is complete" and they've started getting a footing in their careers, said Ms. Elliott, who worked on the report, "Marital Events of Americans: 2009."

The statistics show that for every 1,000 Pennsylvanians in 2009, 15.5 men and 14.3 women reported getting married in the prior 12 months. The marriage rate (per 1,000) nationwide was 19.1 among men and 17.6 among women, the report said.

In addition, 7.7 of every 1,000 men and 7.4 women were within their first year of divorce. Nationally, the divorce rate was 9.2 among men and 9.7 among women.

Further, people in my age group are getting married later in life--- first establishing their careers and getting grounded in their home life. Like the article stated, such factors contribute to longer marriages and lesser divorce.

If you happen to experience the unfortunate event of an Orange County or Los Angeles County divorce, contact an Orange County divorce lawyer for more information.

Source: Marriage works better in Pennsylvania