Cullen Family Law GroupCullen Family Law Group2024-03-15T07:20:32Zhttps://www.lawcullen.com/feed/atom/WordPress/wp-content/uploads/sites/1403875/2023/04/cropped-CULLENFAMILYLAWGROUP_SITEICON_512x512_APR23-32x32.jpgOn Behalf of Cullen Family Law Grouphttps://www.lawcullen.com/?p=528472024-03-15T07:20:32Z2024-03-15T07:20:32Zmarriage dissolution, then you could jeopardize your financial stability and your overall well-being as you move onto the next chapter of your life.
Is it possible to reduce conflict in your divorce?
Fortunately, it is. Although it’s not possible in every case, there are some steps you can take to try to reduce the amount of tension in your divorce so that you don’t feel bullied into giving in to your spouse’s demands. Here are some strategies that might prove helpful:
Don’t dredge up ugly facts from the past, as that will just stoke the fire and bring about more conflict.
Reduce communications to writing so that you can take the time you need to say exactly what you mean, and you can refer back to what your spouse has said.
Treat your divorce like a business transaction so that you strike the right tone and don’t take your spouse’s attacks personally.
Use your attorney as a go-between so that messages are filtered in a way that reduces conflict.
Have plenty of evidence to support your position and contradict your spouse.
Don’t let your divorce be more problematic than it needs to be
Divorce can be especially demanding for those who are afraid of conflict. But that doesn’t mean that you have to cave into your spouse’s demands. If you’re worried about what your divorce will look like, then take the time needed to develop a solid legal strategy. Once you have that laid out, you’ll feel more comfortable about how to tackle the challenges ahead.
]]>On Behalf of Cullen Family Law Grouphttps://www.lawcullen.com/?p=528432024-03-13T09:06:32Z2024-03-08T09:12:58ZEstate planning documents
Wills, trusts and advanced directives serve as vital instruments in guaranteeing your wishes are respected and your assets are distributed according to your desires. These legal documents offer guidance and clarity for your loved ones during challenging times.
Divorce’s influence on estate planning
Upon filing for divorce in California, specific automatic changes affect your estate plan. First, your spouse’s rights under a will or trust are automatically revoked. Any designations of your spouse as executor or beneficiary become void. Nonetheless, California’s community property laws dictate asset division during divorce, which can necessitate adjustments to your estate plan to reflect altered ownership and wishes.
Updating your estate plan
Review your estate planning documents. Ensure they reflect your present wishes and account for divorce-related changes. As needed, revise your will. Amend your will to exclude your ex-spouse as executor or beneficiary. Consider appointing new executors and adjusting beneficiary designations accordingly.
If you have a living trust, modify it to remove your ex-spouse as trustee or beneficiary. Update successor trustee arrangements as needed.
And, revisit healthcare directives and powers of attorney. Consider appointing individuals other than your ex-spouse for medical decision-making.
Post-dissolution judgment considerations
Upon receipt of the dissolution judgment, you have accomplished a lot, but there is more to do. This finalizes the divorce proceedings, addresses asset division, spousal support, child custody matters, etc.
Following divorce finalization, revisit estate planning documents to reflect new circumstances. Review and adjust beneficiary designations on life insurance policies, retirement accounts and other assets. If you have minor children, appoint a guardian in case of incapacity or demise. In Riverside, California, proactive estate planning adjustments during or after divorce are essential to aligning your wishes with legal realities and safeguarding your financial and personal interests.
]]>On Behalf of Cullen Family Law Grouphttps://www.lawcullen.com/?p=522932024-03-04T21:40:29Z2024-03-01T21:37:01ZChild custody types
When it comes to child custody, there are two types of custody that need to be established when establishing a child custody order. This includes physical custody and legal custody.
In simple terms, physical custody refers to who the child spend time with and how much time, if at all, each parent spends with the child. Legal custody refers to the legal authority to make important decision on behalf of the child. This often includes where the child goes to school, the religion they practice and the medical treatment they receive.
Child custody arrangements
There are three distinct child custody arrangements. The first is joint custody, which is where both parents share legal custody of the child with the child splitting time between both households equally. This could be an exact 50-50 time split or something close to it.
The next is primary custody with the other parent having visitation rights. In this arrangement, one parent is awarded primary placement, meaning that the child will live with that parent full time with the other parent afforded visitation on a specific schedule. This often looks like the other parent exercising visitation every other weekend or during school breaks and holidays. Often, the custodial parent will have sole legal custody; however, it could remain joint in this arrangement.
The final arrangement is sole custody. This means that one parent is awarded sole physical and legal custody of the child while the other parent having limited or no access to the child. In extreme cases where abuse or neglect is involved, the court may terminate the parental rights of the noncustodial parent.
Family law matters can be taxing and emotional for parents. Although reaching the finish line provides some relief, the reality is that some parents are not happy with the final order. Thus, it is important that one also considers their rights when it comes to seeking modification. A legal professional can answer any questions you might have when it comes to establishing or modifying a child custody order.]]>On Behalf of Cullen Family Law Grouphttps://www.lawcullen.com/?p=522912024-02-26T22:35:05Z2024-02-26T22:35:05Zsince 1990 the divorce rate has doubled for United States residents over the age of 55 and tripled for those over the age of 65.
While some gray divorces happen for the same reasons as divorces between younger couples, such as abuse, cheating or drug addiction, there are some reasons that are unique to gray divorces.
Financial disputes
Financial disagreements are a major reason for gray divorces. Older couples typically have more money between them simply due to their age and many years of working.
The more money there is, the more there can be to fight about. Disputes over what to do with retirement funds or whether to financially help children or other family members can strain a marriage.
Empty nest syndrome is another common reason for gray divorces. Raising children usually means a busy and hectic schedule. With the children gone, couples find themselves with only each other around and might realize they no longer connect with each other or have anything in common.
Wanting a change
Many gray divorces happen simply because one or both spouses want a different life. Divorce is more accepted today than it was in the past.
When you got married, you might have had the idea that marriage was for life, even if you later discovered you were unhappy. Realizing that attitudes toward marriage have changed may be what you need to move forward with divorce.
A different life can also mean a change from the repetitive daily routines. Older couples typically settle into routines the longer they are together, no longer trying new activities or traveling to new places.
Whatever the reason for wanting a gray divorce, if you believe it is the best choice for you, there are ways to make it happen.]]>On Behalf of Cullen Family Law Grouphttps://www.lawcullen.com/?p=522892024-02-19T16:44:25Z2024-02-19T16:44:25Zsame-sex couples going through a divorce have the same rights as divorcing non-same-sex couples and are therefore subjected to the same regulations.
Who is eligible for a same-sex divorce in California?
You and your spouse are legally married in the state of California.
At least one of you has resided in California for at least six months.
At least one of you has resided in the county of the filing for at least three months.
California is a no-fault divorce state
In California, a no-fault divorce state, couples do not have to prove that one spouse was at fault for the divorce. The couple may cite to “irreconcilable differences” in their divorce petition, which essentially means they are no longer able to get along and are not able to save their marriage.
Adultery, cruelty, and other traditional fault-based grounds for divorce may not be cited in a California divorce petition but can influence other aspects of the divorce. For example, adultery may impact the amount and duration of spousal support awarded in the divorce, particularly if the spouse who had the affair used marital funds to fund the affair.
Once the divorce process has begun, it will generally take at least six months for the divorce to be finalized. The more you and your ex can agree on with regards to custody, property division, and other issues, the faster things will be resolved.]]>On Behalf of Cullen Family Law Grouphttps://www.lawcullen.com/?p=522872024-02-09T11:48:49Z2024-02-12T11:47:18Zdomestic violence can involve the physical, financial, or emotional abuse of an intimate partner or family member. Under the California Penal Code, the following parties may be considered victims of domestic violence:
Intimate partners: Spouses, former spouses, domestic partners, live-in partners (past or present), people you have had a child with, dating partners (past or present), etc.
Family members: Children, parents, grandparents, siblings, uncles and aunts, etc.
Can domestic violence impact my divorce?
California is a no-fault divorce state. However, if domestic violence was a part of your marriage, it can impact several issues in your divorce, including child custody and spousal support.
Child custody
When a couple with children divorces, the court will have to determine custody arrangements based on what the court believes will serve the best interests of the child.
Domestic violence, even if the child is not the one being abused, may affect the child’s emotional wellbeing, and negatively impact the child’s living environment.
Therefore, if there is evidence of one parent engaging in abusive behavior, that parent is not likely to get full, or even partial custody, of their child.
Spousal support
Spousal support may be awarded to help lesser-earning spouses maintain the lifestyle they had during the marriage after the divorce.
Generally, the higher earning spouse will have to pay the lesser-earning spouse a certain amount of money each month. The amount and duration of the spousal support will depend on several factors.
Under California Family Code Section 4325, courts will not award spousal support to a spouse with a felony domestic violence conviction.
If a spouse has a misdemeanor domestic violence conviction, there is a rebuttable presumption against that spouse receiving spousal support.
This means that the spouse with the misdemeanor conviction can attempt to convince the court that they should receive spousal support, despite their conviction. For example, they may present evidence showing that there was mutual abuse or that did not actually act abusive.
Domestic violence is unfortunately a part of many California divorces. Fortunately, there are many resources available for divorcing couples who are dealing with this issue.
]]>On Behalf of Cullen Family Law Grouphttps://www.lawcullen.com/?p=522852024-02-05T11:29:20Z2024-02-05T11:29:20Zchild custody dispute. While interfaith families are becoming more commonplace, this does not alleviate the problems that might arise when parents split or divorce.
As such, it is important to understand how religion could develop into a major dispute concerning child custody. Additionally, parents should recognize how the court looks at this issue along with their options to resolve the matter.
Religion and child custody
Religion can be a sensitive subject, but it is also an import topic for parents actively involved in their faith. Whether religion was a major part during the relationship or grew following their split, it can be a significant decision when working through a child custody agreement.
If one parent is active in their religious community, this could present some favor to them. This is especially true when the other parent is not actively involved in their faith. Courts will often consider the child’s moral environment when making custody decisions. Thus, it might be in the best interest of the child to live primarily in a home that actively participates in a religion.
Even if it is established that a child will practice the faith of the parent with primary placement, the non-custodial parent might seek to engage their child in their faith during visitation. This could result in disputes, especially if religion was determined. This could create further problems if the noncustodial parent did this deliberately to go against the other parent and their faith. This could have negative consequences.
Resolutions
Like most child custody disputes, the best interest of the child will help establish the proper resolution. As discussed above, if only one parent is active in their faith, there is a great chance that the child will benefit from being raised in that moral environment. Additionally, if a parent has sole legal custody, they have the decision-making authority to determine the child’s religion.
When parents have joint legal custody and are from different faiths, this could present issues. If they cannot agree to raising their child with both faiths, they may need to resolve the matter through mediation or litigation. A legal professional can help you better understand your rights and what options you have to ensure the best interests of your child are protected.
]]>On Behalf of Cullen Family Law Grouphttps://www.lawcullen.com/?p=522822024-01-30T12:36:57Z2024-01-30T12:36:57ZHowever, child support is not a discretionary gesture. It is a legal obligation designed to share the financial responsibility of raising children.
Significance of child support
Again, child support is not merely a benevolent act. It is a lawful responsibility shared by both parents, crafted around their income, expenses and the children’s needs. It is meant to cover the child’s essential costs like food, shelter, education, healthcare, etc. This is pivotal to ensure the well-being and stability of the family. When a parent halts these payments, it can lead to not just the financial strain and emotional stress of the parent, but also the child’s wellbeing.
Direct communication
However, just because the other parent has stopped paying does not mean that you do not have options. First, initiate a conversation with your ex-spouse. It can sometimes lead to an amicable resolution. Sometimes, it may be advantageous to explore options like payment plans or some temporary modification, if your former spouse is facing financial difficulties.
Riverside County Department of Child Support Services
Second, seek help from the Riverside County Department of Child Support Services. Seeking assistance from DCSS, a government agency, can aid in locating your ex-spouse, establishing paternity, modifying or obtaining a child support order and employing various enforcement methods. DCSS garnish wages, levy bank accounts, initiation tax refund interceptions and begin other enforcement actions. These include license suspension, passport denial, contempt of court and even criminal prosecution.
Go back to court
Filing a motion with the Riverside County Superior Court allows you to request the judge’s intervention in enforcing your child support order. The judge may order your ex-spouse to pay the overdue child support, along with interest and penalties, or impose sanctions such as community service, fines or jail time.
Avoid in child support disputes
Amid the frustration and anger resulting from halted child support, it is essential to avoid actions that could detrimentally impact your case or your children. Attempting to harass or threaten your ex-spouse to resume payments is counterproductive and may lead to legal repercussions or violence.
Separating visitation rights from child support is also crucial. Restricting access to children should only occur with valid reasons like abuse or neglect. Otherwise, it may harm your children emotionally and legally.
Conclusion
Child support is significant, and if your ex-spouse discontinues payments, you have legal avenues to pursue. Contacting DCSS or filing a court motion are viable steps to enforce your child support order. It's equally important to refrain from actions that could jeopardize your case or adversely impact your children.
]]>On Behalf of Cullen Family Law Grouphttps://www.lawcullen.com/?p=522802024-01-23T16:10:54Z2024-01-22T16:07:53ZCalifornia law states that community property is owned equally by each spouse.
Separate property consists of assets and debts you acquired before the marriage. Separate property belongs to you alone. Your spouse does not have any claim to it.
What is separate property?
Property received as a gift, an inheritance or property that you purchased before you got married are considered separate property. However, separate property that mixes with community property converts the separate property to community property, which means it must now be split with your spouse.
Proving that property is separate can be challenging. If you owned property before getting married, you could prove that through documents showing when and where you purchased it.
This is easy enough with major property, such as a car, but becomes more difficult with smaller pieces of property. Most people do not keep receipts for every single item they purchased.
You may have to get creative with arguments in these cases. For example, if your spouse claims that your video game collection is community property, you can argue that you began playing and collecting video games at a young age so the entire video game collection should be considered your separate property.
Gifts and inheritances
When it comes to proving a gift, the person who gave you the gift could testify that they bought it and gave it to you. Any photos you took or messages you sent about the gift could also be used to prove it is your separate property.
Inheritances are probably the easiest pieces of separate property to prove. Documentation obtained through a probate court could prove that you received an inheritance meant for you alone.
Property division disputes can be frustrating and overwhelming. It helps to have someone helping you through the process.]]>On Behalf of Cullen Family Law Grouphttps://www.lawcullen.com/?p=522642024-01-15T07:16:54Z2024-01-15T10:15:55Zespecially if a spouse chooses a route without the knowledge or consent of the other.
Reasons for filing separately
To be clear, there are several legitimate reasons to file separately. First, you may want some financial protection to shield yourself from liability from your partner’s tax debts or errors. Another reason could be tax credits because some specific tax credits or deductions may not be available to joint filers.
Next, you might need to lower your adjusted gross income for income-based student loan repayment plans or other repayment plans based on your income. Finally, you may have privacy concerns and want to avoid the disclosure of financial information to your spouse.
The drawbacks to filing separately
However, drawbacks accompany the decision to file separately. First, separate filers may face higher tax rates compared to joint filers. Second, separate filers may be ineligible for certain tax benefits, including earned income credit, child and dependent care credit, adoption credit and education credits. Finally, there is the itemization requirement. If one spouse itemizes deductions, the other must do so as well, potentially limiting the overall deductions.
Responding to a spouse filing separately without consent
Discovering that a spouse has filed separately without prior knowledge can result in unexpected consequences. Increased tax payments or obligations may arise due to the failure to report shared income or deductions. Additionally, valuable tax benefits available through joint filing may be forfeited.
To address this situation, you have a few options. First, you can file an amended return to change the filing status from separate to joint, provided both spouses agree. You can also seek innocent spouse relief from the IRS by demonstrating ignorance or lack of reason to know about the spouse’s tax liabilities or errors. Finally, you can request equitable relief from the IRS, arguing that it would be unjust to hold you responsible for the spouse’s tax liabilities or errors.
Conclusion
Filing taxes is a joint decision that significantly impacts both parties in a marriage. If a spouse files separately without consent or knowledge, adverse consequences may arise. However, there are avenues to protect one’s interests.
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