ClickCease
Share

Family Law

Wednesday, July 24, 2019

Splitting the Difference: How Will I Come Out Financially After My Divorce?


Apart from the emotional turmoil that typically surrounds a divorce, particularly if there are children involved, serious financial concerns will affect both parties. If you are wondering, or worrying, about how your lifestyle will be affected by the change in your marital status, you need a well-informed, highly skilled family law attorney to guide you through. While it is nice to think that you and your soon-to-be ex-spouse/partner will be able to agree on a fair distribution of assets and a reasonable division of debts, in most cases divorces become tug of wars.
Read more . . .


Friday, April 12, 2019

What's in a Name?

I’m occasionally asked to file a petition for legal name change for a client, and I’m always interested in why people want to take on a new moniker. Both famous people and ordinary folks change their names, and they usually have some very good reasons to do it. Let’s take a look at some of them.
Read more . . .


Wednesday, March 20, 2019

Out of the Shadows - Sexual Harassment and Domestic Abuse

These are scary times as both women and men continue to come forward alleging serious sexual harassment incidents, many involving well-known celebrities. While all of this is at the forefront of the news and popular concern, a huge number of ordinary, everyday people suffer a wide range of harassment events, and we just don’t hear about them.

We allow so many frightening issues to remain hidden in dark shadows – violent events that cause injury in ways that can never be remedied. I’m thinking of domestic abuse – incidents that go far beyond sexual harassment of individuals in a social or business encounter. When violence becomes part of an intimate relationship, the result is often very serious lifelong physical or mental damage, and sometimes death.

Read more . . .


Friday, January 12, 2018

How to Survive a Divorce


The best of intentions just don’t work out, sometimes. The fantastic advance of legal same sex marriage was a euphoric event for so many in the LGBTQ community. Some who hadn’t quite thought it through were caught up in the excitement. Others were so committed to their long-time partnership they didn’t realize how marriage would change their relationship. And some, like many humans, just couldn’t stick out the legal and binding commitment.


Read more . . .


Thursday, November 10, 2016

2016 Election Analysis for LGBT Issues


Many of my LGBT clients have reached out to me in a panic wondering how the election of Donald Trump will impact their families, benefits, marriages, and other legal issues.  My advice….breathe, try to relax and let’s take a look at what the election MAY mean in the future.

In my opinion, the biggest issue is the future of the Supreme Court.    There is one vacancy that will now be filled by President-elect Trump.
Read more . . .


Monday, August 3, 2015

The No-Party Clause and Other Bumps in the Road

The No-Party Clause and Other Bumps in the Road

Everyone has questions from time to time about how to handle knotty problems that threaten to make life miserable. I get phone calls or emails from many of these people who hope that I can provide answers, or refer them on to someone who can. Some are minor issues or sad ones – and some of them are very serious. They cover a vast range of troubles that could happen to any of us. Here are a few recent questions that came up:

Question: Two friends and I get along really well, so we signed a lease on a house together.


Read more . . .


Wednesday, May 6, 2015

I'm a Consumer! What has the California Attorney General's Office and the Department of Consumer Affairs Done for Me Lately?


The Attorney General heads up the California Department of Justice (DOJ), and according to the department’s mission statement, has broad responsibilities to enforce laws fairly and impartially; ensure justice, safety and liberty for everyone; encourage economic prosperity, equal opportunity and tolerance; and safeguard California’s human, natural, and financial resources for this and future generations.  Justice is served by helping to prevent and prosecute criminal activity, protect consumers from victimization, and promote public safety.

The Attorney General can’t give specific legal advice about personal problems or represent individual Californians, but whether you realize it or not, your life is touched by many of the Attorney General’s actions every day. Here are some of the major areas that are designed to support your safety, general welfare, and quality of life:

 The Attorney General heads up the California Department of Justice (DOJ), and according to the department’s mission statement, has broad responsibilities to enforce laws fairly and impartially; ensure justice, safety and liberty for everyone; encourage economic prosperity, equal opportunity and tolerance; and safeguard California’s human, natural, and financial resources for this and future generations.  Justice is served by helping to prevent and prosecute criminal activity, protect consumers from victimization, and promote public safety.
Read more . . .


Wednesday, April 22, 2015

Money Matters


I handle estate planning for people who have a handful of assets, tons of assets, and everything in between. Other people have serious financial problems, and I help them file bankruptcy, so they can get a fresh start. And some folks are married or registered domestic partners and need me to file for a dissolution of the relationship. Whatever your fortune or misfortune, money and other assets are usually the focus of my work. Here are some notes and suggestions that can help protect what you already have, or regain a solid footing when you need it:

  • Finding Money: You or a family member may have money waiting for you.

Read more . . .


Wednesday, March 25, 2015

When Life Throws You Questions, You Need Answers


A new year is ahead of us, and some of these real-life questions and answers may help you make and keep resolutions that will pay off in the future:

Question:

Joanne and Marie are planning to marry in January. They know they need a marriage license from the county clerk. Is any other paperwork required before they can have their wedding ceremony?

Answer:

No other paperwork is required by the state or county, but there are several important issues that should be reviewed by the couple before they marry. When their status changes from single to married, many of their rights and responsibilities will change, too. Ownership of assets like a home, bank and investment accounts, and beneficiaries of retirement funds, insurance policies and annuities may need to change.
Read more . . .


Wednesday, February 25, 2015

Broken Relationships - Avoiding the Fallout

 

LGBT relationships run the gamut from simply living together (cohabitation) to marriage. Most couples form lasting unions, but there will be rifts in others that lead to a break-up, with the two individuals going their separate ways. Financial differences or problems are a common result of the failures, and disagreements can result in emotional crises, costly court cases, and judgments that neither party likes. A little careful planning can usually avoid most or all of the drama. Here are some of the things to consider:

 

Cohabitation

 

Many partners have been in long-term cohabitation relationships, because domestic partner registration or marriage weren’t available to them. For others, cohabiting is simply a casual, convenient and voluntary way to live together. They may not realize that there can be specific responsibilities the partners have under civil law. They may not be able to just walk away if they decide to separate.

 

Civil Court (as opposed to Family Court) handles disputes cohabiting partners might have over the terms of their relationship. Were promises made and not kept? A partner must prove a legal basis for a claim, such as an oral, written, express or implied contract. The Court will determine whether there was an enforceable contract, and if so, whether it has been breached by one or both of the parties. These lawsuits (popularly known as “palimony cases”) can be very expensive, take many years, and are difficult to win.

 

A Cohabitation Agreement is the best way to avoid financial disputes in the relationship. The partners identify their financial contributions to the relationship, and what they expect to take away from the relationship if they separate. If the partners don’t want a formal agreement (“It’s not romantic”; “We would never do anything to hurt each other”), then it is essential for each partner to maintain individual bank and investment accounts, not hold title to any assets in joint ownership, and not contribute any money toward the purchase of any asset (house, car, etc.) that is only in the name of the other partner. Never give up a job or other assets because a partner promises support, without a specific agreement in writing stating the promise and that the partner will not be left destitute if the relationship ends.

 

Marriage and Registered Domestic Partnerships (RDP’s)

 

In California, marriage and RDP’s are essentially identical. Under state law, spouses and registered partners have very clear and defined obligations to care for and support each other. They can’t just say goodbye and walk away if one of them has trouble with money, gets sick, or finds a new love-outside the union. If they want to end the union, they must file a petition for dissolution of marriage and/or RDP.

 

Family Court handles the dissolution process, and supervises all the steps that must be taken to ensure that the final judgment will be fair and equitable. The expense of dissolution and the emotional toll on spouses or partners is directly related to whether the couple can agree to an amicable split. Each must disclose detailed financial information to the other, including listing all assets and debts. If minor children are involved, there will be a comprehensive review of their current status and a determination will be made about the best plan for their future support and care. Pets, too, are often part of the picture, and their welfare must be carefully considered in a judgment. The dissolution process can take anywhere from a minimum of 6 months to a year or two, depending on how quickly the couple can reach agreement on all the terms.

 

Pre-marital or pre-RDP agreements are the best way to avoid future conflicts and disruption of personal lives when a marriage or RDP ends. Post-marital or post-RDP agreements may be created if the union has already taken place. Based on many of the dissolution cases we have handled, these agreements should be essential for any couple sincerely making a long-term commitment to each other. Couples can gain security or lose a fortune by choosing to enter or not to enter into such agreements.

 

Both Pre-marital/RDP and post-marital/RDP agreements must meet strict California legal requirements, including:

 

  • The agreement must be made voluntarily, and not under fraud, duress, or undue influence

  • Parties to the agreement must have legal capacity to enter into an agreement

  • The agreement may not be unconscionable

  • The agreement must not be against public policy

  • Full disclosure of each party’s assets, debts and financial details must be made

  • There must be independent legal counsel for each party, unless that right is

    properly waived in a separate writing (in our practice, both sides are always represented by independent counsel)

 

Every relationship faces an uncertain future. Agreements are roadmaps that make each relationship stronger and more secure. They provide clear understanding of each person’s financial status and obligations, and are the foundation for a couple’s future, no matter what happens.


Friday, September 26, 2014

Same-Sex Marriage: Down the Primrose Path

It’s been a year since the landmark U.S. Supreme Court decision allowed federal recognition of same-sex marriages. The LGBT community is still rejoicing, and with great energy, is pushing ahead for equal rights in all the other aspects of our lives. 

 

What have I seen in my practice this year? Many committed same-sex couples getting married - some quietly, some with joyous celebrations, and a few with reckless and thoughtless abandon. Most have lots of questions about what the legal and financial effects of marriage will be. Those who have come to me for answers are eager to “do things right” and protect themselves and their future. Some who rush into marriage without thinking, or without understanding the consequences, may not make it into the future together.

 

Here are a few of the questions and issues I have worked with recently:

 

  1. If we marry, does everything we own become community property?

    That depends on how you own the property before you marry, and how you

    agree to acquire new property after you marry. Do you already have joint bank

    and investment accounts? Do you own your house as joint tenants? Do you

    share legal title on your car? It is likely that these will be considered community property once you marry. If you are Registered Domestic Partners, you are already subject to community property rules, and marriage will not change that.

 

  1. We own a checking account together, and furniture and things in the house, but we want to keep our investments and other property separate after we marry. I want to stay owner of our house. How can we do that?

    The very best way is to create a pre-marital agreement that clearly identifies each person’s separate property and the couple’s shared property. This agreement will also state who will own new property acquired by either or both after marriage. Both partners agree that all property will be covered under the agreement during the marriage. And if there should be a breakup in the future,

    there will be little or nothing to argue about when dividing up their assets and debts. A pre-marital agreement usually must be signed by both parties at least seven days before the date of marriage, so it is not something that can be put off until the last minute.

     

  2. We just want to be sure that once we are married there won’t be any problems with everyone recognizing that we are now legally responsible for each other.

    You will have your marriage license, if anyone asks. But in most states in the U.S., this will be meaningless. In spite of federal recognition of same-sex marriages, they are only legal in 19 states and the District of Columbia right now. In all the other states, lawsuits are pending, but will not be quickly resolved. If you travel to other countries, most do not recognize marriage equality at all, and some criminalize homosexual behavior of any kind.

     

    For legal protection, married and unmarried same-sex couples should have all the important documents that spell out the rights of partners and spouses to make personal and medical decisions in case of emergency, incapacity or death.

    At a minimum, there should be an Advance Health Care Directive, and a means to provide this immediately to medical and other professionals in an emergency.

     

    You may not want to carry the actual documents around with you all the time, so there are some excellent organizations that store them for you electronically, and can provide them 24/7, any day of the year. We provide this service to most of our clients.  You are issued an emergency access card, the size of a credit card, to carry in your pocket or wallet. It provides the information necessary to access your documents right away. This can give partners and spouses a solid legal foundation for their relationship, and peace of mind, no matter where in the world they might be.

 

  1. My old partner and I were Registered Domestic Partners (RDP) years ago, and then split up. Now I am going to marry my new partner. Will this be a problem?

    Unfortunately, yes. You are not free to marry a different person until your RDP is terminated. In nearly all cases, you are required to file for a dissolution (divorce), just as if you had been married. You must file a petition with the court, and go through the process of serving notice to your old partner, dividing up assets and debts, and agreeing to a settlement of your affairs that the court will find is fair for both of you. A dissolution can take anywhere from 6 to 8 months to a year or two, depending on the amount of cooperation between partners in getting all the paperwork filed, and any disagreement as to how to settle things.

     

 

 


Archived Posts

2020
2019
2018
2017
2016
2015
2014
2013
2012
2010

← Newer12 Older →


Riverside CA Estate Planning Bankruptcy



© 2020 Heritage Legal, PC | Disclaimer
777 Tahquitz Canyon Way, Suite 328, Palm Springs, CA 92262
| Phone: 760-325-2020 | 888-974-3748

Estate Planning | Advanced Estate Planning | Business Succession Planning | Pet Trusts | Probate / Estate Administration | Special Needs Planning | Wills & Trusts | Memorial Instructions | Beneficiary Rights | Contesting Wills | LGBTQ Estate Planning | Asset Protection | Executor's Rights | Bankruptcy | Family Law | LGBTQ | Testimonials | Articles

Attorney Web Design by
Zola Creative


©  Heritage Legal, P.C.| Disclaimer | Attorney Website Design by Zola Creative