While the issue of same-sex marriage in California is temporarily somewhat in limbo in the absence of a Supreme Court decision, sources say that "Glee" actress Jane Lynch and her wife Lara Embry are expected to dissolve their three year marriage in California.
The two were married in 2010 in Massachusetts, but the two reside in California. Generally, residency in a state for at least one of the parties is a requirement to access state courts, and family law issues are a matter for state courts. Lynch reportedly announced Monday that she and her wife are splitting up.
]]> Some states that do not directly recognize same-sex marriages do not otherwise recognize unions sanctioned in other states where gay marriage is legal. Although same-sex marriage is under legal review in California, our state does recognize such unions from states where same-sex marriage is legal.Few details are known about what (if any) issues may arise in a divorce between the actress and her partner who is a psychologist. Lynch reportedly told People magazine that the parties seek to maintain privacy in the family law matter. But, because the divorce is expected to occur in California, and not Massachusetts where the couple originally married, the issues (if any) will be resolved under California law.
Sources say that no prenuptial agreement was entered into between the two women. California is a community property state. But, as the divorce appears likely and the parties are hoping for some privacy, commentators suggest that the two may be seeking an amicable settlement in any divorce. The Los Angeles Times reports that Lynch told People magazine that she and Ms. Embry still care deeply for each other.
Source: Los Angeles Times, “Jane Lynch, Lara Embry to divorce after three-year marriage," Christie DZurilla, June 10, 2013
]]>Child custody and visitation issues are about relationships between a parent and a child. While custody arrangements typically influence child support obligations, commentators say that parents should not focus on the money when working to resolve child custody issues.
]]> Each spring and early summer our culture recognizes Mother’s Day and Father’s Day. Many California child custody and visitation agreements recognize these important holidays, setting forth arrangements to allow the child or children to spend time with the honored parent on these recognized dates.Details over other holidays are often included in a California parenting plan. But, the issue about where a child (or children) will live is important year round for the children and parents alike.
When a parent approaches the issue of custody, it is important to recognize that best the interests of the child are paramount, as our Alameda County, California area readers may know from previous entries on this blog. Commentators suggest that a parent seeking to resolve child custody issues should keep several important points in mind.
First, it is important to be clear about what goals a parent has in resolving custody issues. A parent who wants more time with the child, including sole custody, needs to be clear of that goal from the outset. A family law attorney can help a father or mother address such issues.
Second, any divorce proceeding can involve strong emotions. Child custody issues are not about revenge, and courts do apply the best interests of the child standards when the court is asked to resolve a custody dispute.
Similarly, as noted above, more time in a parenting plan should be focused on the relationship between parent and child, not about the separate issue of child support.
In discussing custody issues, comments about support may derail the custody negotiations, according to some commentators. But fighting for the time you want in a custody negotiation or dispute is on point in working out a parenting plan.
Being involved with the children goes a long way in custody disputes. But, analysts say that extending an olive branch to the other parent is also important as divorced parents with children may have to engage in co-parenting post divorce.
Source: Huffington Post, “Custody Battles: The Top Five Things Dads Should Know Before Setting Foot in Court," Morghan Leia Richardson, May 23, 2013
]]>The researchers say that in 1990, only about 10 percent of divorces involved people over the age of 50. By 2010, divorces involving people over 50 jumped to one out of every four divorce proceedings.
The lead researcher says that the results surprised the sociologists conducting the study. But the researcher says that several factors have probably contributed to an apparent aging in couples who divorce.
]]> Obviously, the aging baby boom generation is a significant factor in the apparent shift in the mature American divorce rate. More women in the work force are also a contributing factor, according to the sociologists. Other factors may also be apparent, but it is important to note that generally, older California couples who decide to end a marriage may have different interests in a divorce proceeding than 30-something couples.Many people in their 50s and 60s (or more) who decide to divorce may have children, but the children are generally also older—meaning that a couple may not have issues related to child support and custody to hammer out in reaching a divorce settlement. Commentators say that health insurance coverage may be more of an issue. Older couple may have more assets, leading to property division issues.
Filing for divorce can be a tough decision at any age. The process may seem daunting. Pleasanton, California area residents who may be considering a divorce may find that a family law attorney can help a husband or wife in reaching an equitable agreement in a California divorce, while helping to protect interests in an individual’s set of circumstances.
Source: The Desert Sun, "Divorce way up with over-65 set," Leslie Mann--Chicago Tribune, May 29, 2013
]]>Many divorce proceedings and child custody disputes in California may not involve conflict of law issues. However, many parents relocate during the life of a minor child, and custody disputes can cross state lines.
Generally, the laws in the United States provide courts with continuing jurisdiction over child custody issues, but disputes can arise. Some commentators say that international child custody disputes, while rare, are becoming somewhat more common in our global economy.
]]> Many international custody disputes have arisen between the United States and Japan. International issues are generally governed under the 1980 Hague Convention on international child abduction, which Japan refused to join, until Japan’s parliament approved unanimously Wednesday to join the international treaty.Meanwhile, an American father in Tennessee is battling in federal court for custody of his two sons. The boys were born in the United States and are U.S. citizens, but they have spent the majority of their lives in Hungary. The mother of the boys is a Romanian-born U.S. citizen. She says that the boys came to the U.S. last year to visit their paternal grandparents. The boys’ father and mother moved from Hungary to Romania while the boys were in the United States.
The mother says that the boys were to be returned to Europe after the visit with their grandparents. However, the boys’ father says that she threatened to divorce him. The boys started school in Tennessee, and the father filed for divorce in the United States.
A federal court has been asked to decide whether the child custody dispute should be resolved in the U.S., Hungary, or even potentially in Romania. The U.S. court may also consider whether the mother consented to the boys’ enrollment in school in the U.S., which could affect the outcome of the first question.
Source: The Tennessean, “International child custody trial begins in Nashville,” Shiela Burke-Associated Press, May 22, 2013; The Washington Post, “Japan approves joining international child custody treaty amid concerns about abductions,” Associated Press, May 22, 2013
]]>Nash filed for divorce from his ex-wife Alexandra Amarilla in late 2010. The NBA player says that his ex-wife has enough money and additional child support payments will only act to allow her to spoil the kids.
He says that his ex-wife received a large settlement in the divorce, and he pays many expenses on behalf of the children other than the child support payments. The family court judge reportedly agreed with Nash, and his ex-wife has appealed that ruling.
]]> Notably, the case is being handled in Arizona—not California. Reports indicate that the NBA player and his ex-wife previously engaged in a form of child custody dispute late last year.Nash argued in court to prevent his ex-wife from moving to California with the kids in the previous dispute.
Generally, child support issues in California are governed in a rather formulaic fashion. The child support issue is also dependent upon the individual child custody arrangement between the parents in California. The law generally takes into account the amount of time the kids spend with each parent and the parent’s relative individual incomes. But, other issues may arise in individual cases.
Child support and child custody issues are among those concepts that may require modification—even after a couple divorces. A change in circumstances, such as an injury, job change, or loss of a job, may give rise to the need for a non-custodial parent to seek a modification of child support. A California family law attorney can assist a divorced parent in post-divorce modification issues.
Source: The Huffington Post, "Steve Nash Child Support: Lakers Star Allegedly Doesn't Want To Pay Because Ex Might Spoil Kids (REPORT)," Cavan Sieczkowski, April 30, 2013
]]>Many laws are involved in the wide-ranging area of family law. Years ago, the Uniform Parentage Act was devised to govern parentage issues when a child is born to parents who are not married. Individual states all across the country have implemented some form of the uniform act. Now California lawmakers are considering a measure aimed at modifying California law in the area of parental rights for sperm donors.
]]> When the Uniform Parentage Act was first conceived, the law was intended as a form of protection for both unmarried women and women married to an infertile husband to be able to become pregnant without the sperm donor from being able to claim paternity down the road.While that idea remains important in many instances, our culture has evolved in many ways in more recent years that can create circumstances that make the law return unjust results.
In cases where a sperm donor has actually had a relationship with the child born through artificial insemination, California lawmakers are considering allowing the biological father to be able to seek parental rights to the child. The bill seeks to modify the law in those cases where the biological father has donated sperm for a child and has had a relationship with the child with the consent of the child’s mother.
Our culture has evolved to allow a wider range of familial relationships, as more unmarried people have chosen to have children with the intent to co-parent. But, even when people initially agree to co-parent, the relationship between the adults may later break down.
In situations where a biological father has engaged in such co-parenting, the California family law measure would create a legal process for the father to assert his parental rights.
The bill, Senate bill 115, passed in late April on a 35 to 0 vote and was sent on to the Assembly.
Source: The Huffington Post, "Senate Bill 115 is Necessary to Protect Children and Fathers," Fred Silberberg, April 12, 2013
]]>An East Coast judge recently made a child custody decision in the divorce of a couple who reportedly had quarreled throughout their marriage. While the story arises from the East Coast, the judge made the ruling based upon the best interests of the child. Generally, custody issues are considered under the best interests standard, but in everyday life, that standard may be difficult to grasp.
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In California, custody and visitation issues are governed under the best interests concept. Money itself is not the deciding factor under the best interests of the child. Many factors come into play.
In the recent East Coast dispute, the mother argued in family court that she should have sole custody. She says that her estranged husband's behavior raised worries over the safety of the child (the couple had one son together). The mother had sought a protective order against the father; he also sought a protective order against the mother. Each request was denied by the court.
A newspaper article suggests that the judge initially leaned toward granting the mother sole custody. Although the protective orders were not granted, the judge found that the couple had quarreled for much of their time together. But, the judge noted that during the 13-month separation preceding the child custody ruling, the parents were able to communicate with each other concerning their son.
The judge found that granting sole custody of the child to either parent essentially would punish the son. In the end the court awarded joint legal and physical custody to the parents.
Each contested divorce is unique to the facts of the people involved. Courts use standards, such as the best interests of the child, in order to analyze how the facts work under the law. A family law attorney can help an individual in navigating through the complex issues and standards that apply under California family law.
Source: Carroll County Times, "Legal Matters: Child custody case offers insight on the motive of judges," Donna Engle, April 28, 2013
]]>Ms. Patrick reportedly filed divorce papers in court in January. By February, news reports began to surface indicating that the NASCAR star was dating a rookie NASCAR driver, Ricky Stenhouse Jr. Meanwhile, Danica Patrick continued to seek a settlement in her divorce proceeding. She and her husband reportedly sought to have an amicable divorce.
]]> In 2005, some of the potential issues that could have arisen in the divorce were already anticipated. The couple entered into a prenuptial agreement to address some of the property division and alimony issues that could arise down the road should the couple decide to split. Ms. Patrick and Mr. Hospenthal had no children together, so there were no custody or child support issues.However, during the course of the seven-year marriage, the couple did acquire property that apparently was not addressed in the prenuptial agreement. The two resolved any of the property division issues, and any other potential disputes through mediation. In family court, the divorce was processed as an uncontested divorce, and the case was finalized April 17.
The divorce was handled in family court in Arizona, but our California readers who may be considering an amicable or uncontested divorce proceeding should know that issues may still need to be addressed. Even where a couple has a prenuptial agreement, legal issues may arise during the course of a marriage that could not have been anticipated. Ms. Patrick and Mr. Hospenthal reportedly chose to use mediation during their amicable divorce. Court papers reportedly state that the two, "participated in the mediation process in order to arrive at a fair and equitable settlement," according to USA Today.
Sources:
Jamie McCourt alleges in her lawsuit that Frank McCourt unfairly persuaded her to arrive at a settlement in the couple's divorce. Reports indicate that Ms. McCourt says that she agreed to a $131 million settlement in the divorce. She claims that Mr. McCourt fraudulently convinced her roughly six months before the team was sold that his total assets amounted to $300 million. Two months after the divorce was finalized, the Los Angeles Dodgers sold for $2.1 billion.
]]> Jamie McCourt now wants the court to set aside the $131 million divorce settlement. She says in court papers that she should be entitled to at least $900 million in the property settlement, apparently based upon the March 2012 sale of the Dodgers.The lawsuit is scheduled for a three day trial before a judge without a jury. A judge ruled Monday that Ms. McCourt will not be entitled to use Major League documents generated during mediation on the sale of the team in the post-divorce proceeding. That ruling came from the federal bankruptcy judge who presided in the Dodger's bankruptcy. Frank McCourt struck a deal in mediation that included special terms on the auction of the team--the terms leading to the sale of the team were kept secret.
The bankruptcy court issued an order that the mediation was to remain confidential. The judge ruled Monday that he will enforce the order, "because it was an essential ingredient" in resolving the Dodger's bankruptcy proceeding.
Sources:
In today's market, many people in California own a home (or homes) that may be underwater, which can affect the negotiations surrounding property division. In other situations, the mortgage may be low, meaning that determining the value of the equity in the home may have significant impact on how the home equity should be divided.
]]> Generally, there are different methods for determining the value of a home. A formal appraisal is one method of determining the value of a home. Appraisals made by a licensed professional will come with a cost, which may deter some homeowners from seeking to have the home appraised. But a party to a divorce may be able to rely on the appraiser in court if home values are a contentious issue in dividing property.Realtors are often will to prepare a comparative market analysis to arrive at a proposed fair market value for a home. Often a realtor will provide the analysis at little to no cost, but the idea is generally used in contemplation of selling the home. The CMA may, or may not, be as accurate as an appraisal for many purposes.
Some couples are able to agree on property valuation issues through personal research. In less contentious divorce proceedings, the issue may be resolved through negotiation.
Notably, the valuation of any property, whether the property is a home, vacation property, a business, or any of the other forms of assets is only one step in furthering a settlement on property division. Forensic accountants may need to be consulted in some valuation tasks. Issues may arise in determining the extent of assets owned by a husband or wife that should be considered as part of the community property of the marriage.
Source: The Huffington Post, "Three Ways To Value Your Home In A Divorce," Joseph E. Cordell, March 1, 2013
]]>A recent child custody dispute on the East Coast recently made headlines after the family court judge presiding in the divorce cited posts found on the mother's Facebook page. The judge reportedly found that the woman had admitted in social media posts that she had sworn at one of her kids-even finding through the Facebook comments that the woman admitted to having resorted to physical means to control her oldest child in some instances.
]]> The woman apparently was questioned about the Internet content in family court hearings. The judge found that the woman was not remorseful for speaking about her children on the Internet. The court wrote that the woman "thought it was important for her Facebook friends" to know about her parenting. In the end, the judge granted sole custody of the children to the father in the divorce, according to Forbes.The East Coast story may be an anecdote concerning a single divorce proceeding. But, social media has been raised in many areas of family law. Husbands and wives have found comments online that have led to a breakdown in the marriage, and others have been used in divorce proceedings.
When it comes to custody disputes, a long forgotten comment on the Internet posted after a tough day may later be used in court. Child custody decisions in family court are generally determined under what the courts call "the best interests of the child." The standard can take into account a wide variety of information-ranging from a parent's relationship with the child to the parent's lifestyle to other aspects.
Source: Forbes, "Facebook Wall Of Shame: Don't Post Terrible Things About Your Kid While In A Custody Battle", Kashmir Hill, Feb. 21, 2013
]]>A recent story from the financial section involves a potentially contentious divorce proceeding involving a couple who are divorcing after nearly 25 years of marriage. News reports indicate that Sue Ann Hamm, a former lawyer for Continental Resources, filed for divorce in May 2012. Her estranged husband is the chief executive of Continental Resources and Forbes ranked him last year at 35 on the list of the 50 richest Americans.
]]> Reuters reports that documents in the divorce proceeding are sealed, and it is not clear if any prenuptial agreement is involved in the family law proceedings. However, commentators say that it appears that division of marital property is a contentious issue. The oil baron and his estranged wife have been married for nearly 25 years, and each directly contributed to the company during the marriage, according to Reuters.Legal analysts say that the total amount of money, potential control of the company and prior divorce filings are all converging to complicate the legal proceedings. Determining the dollar amount for the valuation of the business is not the issue (the shares are publicly traded). The real issue is the date of valuation. Each of the spouses has previously filed for divorce--Harold Hamm filed in 1998 and Sue Ann Hamm previously filed in 2005.
Each of the prior divorce petitions was later withdrawn, and the records from the 1998 proceeding reportedly were ordered destroyed earlier this year. However, Mr. Hamm reportedly claims that he and his estranged wife remained separated after the 2005 petition was filed, despite that fact that the petition was later withdrawn. He says that the two have lived separate lives since the fall of 2005.
Ms. Hamm reportedly disputes that assertion. She says that the two have lived together, filed taxes, worked together, traveled together and have done others things together since 2005. The divorce is being handled under Oklahoma law, and commentators say that the date of separation could be pivotal in determining what is included as marital property. A hearing is scheduled for May 20 on the issues of date of separation and date of valuation of the assets.
Analysts say that the marital property settlement could potentially be record breaking, involving a larger payout than was made in Rupert Murdoch's 1999 divorce, where he reportedly paid his ex-wife $1.7 billion.
Source: Financial Post, "Looming divorce could threaten U.S. oil baron's empire," Brian Grow and Joshua Schneyer--Reuters, March 22, 2013
]]>The premarital agreement reportedly addresses how property should be divided if the couple later divorced, as well as spelled out an agreement that Pilar Sanders would receive $100,000 for each year of the marriage, capped at $1 million. When Deion Sanders filed for divorce in 2011, Pilar challenged the validity of the prenup. The divorce court appointed a retired judge as an arbitrator to resolve that dispute. That ruling, and a child custody dispute which each decided in rulings this week.
]]> Generally, a divorce proceeding may be resolved through negotiation without a major legal battle in court. However, in some cases, a divorcing couple may have one or more issues that lead to contested litigation. In the Sanders divorce, issues took relatively different courses (one entered arbitration, while the other entered litigation in court). While the issues were handled under the law of Texas, California readers may know that the core issues are generally similar to issues that could arise in any state.Last weekend, the judge who was appointed as arbitrator to settle the dispute over the prenuptial agreement ruled that the agreement is valid. Ms. Sanders challenged its validity, arguing that some initials on the document were allegedly forged and that, while the couple intended to enter an agreement, the prenup documentation was not complete when signed. The judge, as an arbitrator, ruled in favor of Deion over the weekend.
In the child custody dispute, the family law judge presiding over the divorce ruled that all three of the couple's children will live with their father. Ms. Sanders was given a visitation schedule. The judge further ordered that the father will have sole legal custody of the two boys, while Deion and Pilar will have joint legal custody of their 9-year-old daughter.
It is important to note, that although the court has issued a ruling in the child custody and visitation issues, the best interests of the child generally govern such issues. As the court's ruling highlights, there may be differences in custody arrangements for different children. As time passes, circumstances may change. A court may later modify custody and visitation issues.
Source: The Dallas Morning News, "Judge rules three children to live with Deion Sanders; Pilar Sanders gets visitation schedule," Valerie Wigglesworth, March 21, 2013
]]>In California, stories about divorce in the media may often involve high profile divorce proceedings. High-asset divorces, or marriages involving celebrity couples, often make the news in California. In many cases, a celebrity divorce may also involve disputes of financial issues.
]]> Many people may be aware that Demi Moore and Ashton Kutcher separated in 2011. During the separation, the two stars reportedly attempted to negotiate a confidential agreement over the terms of their divorce. Kutcher reportedly filed divorce papers in Los Angeles in December 2012, and Moore says that she continued to attempt to reach a settlement agreement.It appears that the early settlement negotiations have not produced a result as Demi Moore filed her divorce papers last week. Commentators say that Demi had a greater net worth than Kutcher when the two were married. But a spokesperson for Ms. Moore says that the actress took more of a backseat professionally during the marriage and allowed Mr. Kutcher's career to take the forefront. Now Demi reportedly is seeking spousal support and other financial issues in the divorce proceedings.
Many couples in California attempt to avoid contested litigation over property division and other issues even before tying the knot. A prenuptial agreement entered into before a marriage can ease tensions during the emotional time surrounding a divorce should the marriage relationship break down. However, sources indicate that Kutcher and Moore did not have a prenup. And because the couple does not have any children, the main issue in the high-asset divorce appears to be over the financials.
Source: Examiner, "Demi Moore wants huge chunk of Ashton Kutcher's $100M fortune," Rachael Monaco, March 11. 2013
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