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On behalf of Mohajer Law Firm, APC posted in divorce on Friday, February 9, 2018. Following friends and family on Facebook and other social media sites are part of our daily lives. But, this technology may be used or abused to annoy or harass a spouse during or after a divorce. Facebook, Instagram, and other sites are a wonderful method to stay in touch and communicate with friends and family when there is little time to meet or talk. But, these can also become a platform to annoy, harass or bully. Social media can also be used to portray fun or luxurious lifestyle when the other spouse is home taking care of the children. The best method during a divorce requires self-control and inconvenience. Staying away from these social media sites is the most effective method to block annoying and harassing posts. Another option is blocking access for both spouses. Locking down privacy settings may help. This requires putting aside curiosity about the former spouse but keeps that spouse from “trolling” in return. If the thought of giving up social media access is unbearable, a spouse may shut down their current Facebook account and open another one under a name that is unrecognizable to the former spouse. Close friends must be informed and divert traffic to the new site. Friends should also be asked not to share posts from the former spouse that may cause hurt or envy. When random texts appear to come close to harassment or intimidation, it may be prudent to send a severe message to the former spouse telling them to stop and that no further responses will be forthcoming. When these texts cause safety concerns, tell close friends or family. Local, national or domestic violence hotlines are also very helpful and can provide guidance. Staying focused on a former spouse’s social media also delays moving on with a post-divorce life. It may be time to forego a spouse’s texts and postings and to spend time with family and friends that will be part of life after the end of the marriage.

On behalf of Mohajer Law Firm, APC posted in divorce on Wednesday, January 17, 2018. This year, some states have enacted laws governing custody of a beloved family member: the couple’s pet. Determining pet custody after divorce in California is still somewhat complicated. Traditionally, pets were treated as property. Their well-being and interests were not considered by law enforcement and courts. Spouses, accordingly, must resolve this issue in civil courts and not part as their family court case. Having the pet is a property ownership issue and not a custody legal matter. However, California’s family law provides protection to pets and takes their safety into consideration if there is a reason to believe that one of the spouses may harm the pet. The state also passed legislation in 2007 that protects pets if there is evidence of domestic violence. This law allows the inclusion of protections for pets in domestic violence orders, while authorities may also remove animals if there is domestic violence. The best means of resolving this matter is by executing prenuptial agreements, or a postnuptial agreement after marriage, that contains clear guidance on pet ownership, division of costs for pet expenses, such as veterinary care and boarding, and end-of-life decisions. Absent these agreements, couples can include these pet issues in their divorce settlement. This can help avoid litigation in civil court and other stress and arguments. Family court judges in this state generally approve of most settlements entered by the spouses. Other issues are also relevant, however. Couples should also seriously consider the placement of the pet with the spouse who lives with the children if they are strongly attached to the animal. A spouse who had the pet before marriage may also be considered as its owner. This may remove custody or ownership as a divorce legal issue or even weaken a property claim in civil court. An attorney can help a spouse negotiate this matter before, during or at the end of a marriage. They can provide advise on a spouse’s rights to the pet and other matters during the divorce.

On behalf of Mohajer Law Firm, APC posted in divorce on Thursday, January 4, 2018. Many aspects of divorce and finances come down to timing. However, couples who are ending their marriage have almost one additional year to claim the federal tax deduction for paying alimony. The congressional tax bill contained a controversial provision that would end the federal tax deduction for paying spousal support. Under earlier tax law, spouses who paid spousal alimony could deduct the payments from their taxes for the full amount, while recipients reported it as ordinary income. Child support was not deductible. Opponents of this change argued that removal of this deduction would add to the financial burden of the paying spouse. Additionally, it could lead to more disputes during divorce and harm less-affluent spouses by depriving them of needed alimony income. The removal of this deduction could also have a long-term impact on child support payments. These payments are negotiated at the same time as alimony, and calculations often rely on the amount of spousal support. These tax changes and ramifications could impact many people. In 2015, approximately 800,000 married couples divorced in this country. Older married couples had higher rates even though rates for younger spouses declined. The divorce rate doubled for spouses over 50-years-old. The final approved bill, however, pushed off these disadvantages for almost one year. The new tax requirements would govern divorce or separation agreements negotiated after December 31, 2018. One lawyer also said that language in the new bill would allow settlements renegotiated after that date to include language that allow the spouses to decline the new federal tax requirements for alimony. It was recommended, however, that spouses should presume that the deduction was lost and add language to renegotiated agreements. The amended agreements should contain a clause that it could be renegotiated for a more appropriate allocation of payments if the tax treatment of the support payments turns out differently than the parties’ expectations. An attorney may help a spouse prepare for the financial and tax consequences of divorce. They can present options and seek a decree that protects a spouse’s finances.

On behalf of Mohajer Law Firm, APC posted in divorce on Wednesday, December 20, 2017. The latest version of the tax bill under consideration in Congress eliminates the deduction for alimony payments and may also have other consequences for couples undergoing divorce. Many lawyers believe that these proposed changes will add time and expense to this process and can harm the validity of prenuptial and postnuptial contracts. A spouse pays alimony to their former spouse who usually earns less money. These payments are separate from child support, which helps pay for the expenses of raising children. The payer spouse can deduct alimony payments under current law. These are taxable as ordinary income for the recipient spouse. Because the recipient spouse is taxed at a lower bracket, more money is kept within the family and excluded from taxes. This helps expedite settlements, because there is more money to be allocated among the spouses. Eliminating this deduction lowers this amount and decreases the likelihood of a successful or quick settlement. In turn, this can lead to more expensive litigation. While wealthier couples can afford the loss of this deduction, less-affluent couples will face difficulties with their quality of life by losing the anticipated $200 to $300 per month. If passed the bill will not affect divorces effective before January 1, 2018, and will not eliminate the deduction that paying spouses now claim. However, many couples of all income levels who entered prenuptial agreements and post-nuptial agreements may face uncertainty. These agreements were negotiated well before the divorce and usually contain terms that were negotiated and drafted with the belief that alimony is deductible. This belief may have had an impact on the compromises made by the parties in these agreements. A spouse undergoing divorce should seek legal advice to help plan for its potential financial and tax consequences. An experienced family law attorney can help seek a decree that protects a person’s financial security.

On behalf of Mohajer Law Firm, APC posted in divorce on Monday, November 6, 2017. Discussions on prenuptial agreements are probably an unromantic and skeptical part of a couple’s engagement. However, these agreements can help avoid disputes if they ever divorce and even allow couples to learn about the value of their property. California law governs prenups and refers to them as premarital agreements. Engaged couples make these agreements that take effect when they become married. These agreements must be written. Oral agreements, in the eyes of the law, do not exist and are unenforceable. Financial disclosure is an important requirement. The agreement may not be grossly unfair to either of the spouses. Each party must fully comprehend a premarital agreement and cannot enter it under coercion. Each spouse must review and consider the agreement. California requires at least seven days between the time an agreement is presented to a spouse and its signing. A prenup can govern any financial matter. However, premarital agreements cannot cover issues concerning children such as child custody and support. California law also specifically addresses alimony. Terms limiting or waiving spousal support are unenforceable unless the spousal recipient had their own attorney. Alimony terms will not be enforced if they are unconscionable when they take effect. This determination cannot be made before the end of a marriage because a spouse’s financial situation may change at any time. The normal time-period governing the filing of contact lawsuits do not govern prenuptial agreements. The statute of limitations does not run when the couple is married. Prenuptial agreements may be changed or revoked after marriage. Spouses must follow the procedures that apply to the original drafting of the agreement. A party should seek a qualified attorney when negotiating these agreements. A lawyer can help assure that their rights are protected and that the agreement is valid and legally enforceable in California.

On behalf of Mohajer Law Firm, APC posted in divorce on Friday, September 22, 2017. Engaged couples in California can avoid some dispute, if they ever divorce, by entering prenuptial agreements. While negotiating these agreements is not the most romantic part of an engagement, proper planning can help couples learn about their finances and lower the chances of a conflict. Disclosing assets and liabilities is important. Couples should gather records on stocks and bonds, annuities, bank statements, retirement accounts, tax returns for a few years, recent pay stubs and appraisals of costly property such as a house, car or boat. This information will help with the preparation of a schedule of assets that should be appended to the prenuptial agreement. A schedule of liabilities should also be attached to the agreement. Accordingly, spouses should locate documents on credit card debt, mortgage, lines of home equity and debt such as personal, student and auto loans. These documents should be compiled so that they can be shared with the other future spouse and attorneys. Information containing birth dates, social security numbers or account numbers should not be sent in an unencrypted e-mail to the future spouse or an attorney. This confidential information should be sent through encrypted software or on a password-protected flash drive. The couple should determine whether the agreement should cover divorce, separate support or inheritance matters. Property should be identified as separate or community property. A spouse may consider paying money or assets after a specific time elapses if that spouse has significantly greater property or assets. The spouse with less property or assets may consider seeking money or property after the marriage lasts a specific period. Alimony is another consideration. A spouse who does not work or become a stay-at-home parent may want spousal support. Paying alimony is tax-deductible. However, a prenuptial agreement may not contain a waiver of child support payments. A spouse should also find out whether a family member or friend named them as a beneficiary for the inheritance of money, real estate or stocks. An attorney can help determine whether this should be disclosed. The prenup should be signed at least 30 days before the wedding to protect its validity and cause less disruption to wedding plans. Each spouse should also have their own attorney advise them on a prenup to help protect their rights.

On behalf of Mohajer Law Firm, APC posted in divorce on Friday, September 1, 2017. It is not so unusual for couples in California these days to seek a divorce, or to know someone who has done so. After all, the stigma surrounding divorce is eroding and many are seeing it as a better option than staying in an unhappy marriage. That being said, there are some myths surrounding divorce that deserve to be addressed. First, even if a couple has already reached an agreement on their divorce issues, they must wait a minimum of six months following the date they filed for a divorce before their divorce can be finalized. This can actually be a good thing. While no one wants to see divorce proceedings drag on, the decisions made during the divorce process will affect the couple’s future for years. Therefore, it is important not to rush into these decisions. Also, while some people may think if they beat their spouse to the courthouse and file for divorce first, they’ll have an advantage. However, in the end, it doesn’t make a huge difference as to who files for divorce first, so if you were served with divorce papers, you shouldn’t worry that you are at a disadvantage. Sometimes a marriage ends due to one spouse’s infidelity. Since it may seem like the divorce is the cheating spouse’s fault, the other spouse may think they’re entitled to a large portion of the marital property or if they have children, full custody. However, since California, like all other states in the nation, is a “no-fault” divorce state, a fault will not necessarily be a factor when a judge makes decisions on the couple’s divorce legal issues. In the end, it is important not to get caught up in misconceptions about divorce in California. Divorce can be a confusing and emotional time, so it is important to have legal help so that you can receive objective advice and see the big picture. At our law firm, we guide our clients through the divorce process in a way that allows them to understand their rights so they can make informed decisions. Whether a divorce is settled out of court, or whether it goes to litigation, we will represent our clients every step of the way, so that a fair and appropriate result is reached. Our divorce webpage may be a good starting point for those who want to learn more about this topic.

On behalf of Mohajer Law Firm, APC posted in divorce on Friday, July 21, 2017. Many Americans, especially those from Los Angeles, California, know that many marriages end up in divorce. Follow the news, and you’ll see that it is common throughout the country, especially for celebrities, many of whom have substantial assets. This is why throughout the United States, more and more people nearing marriage are considering prenuptial agreements, often called prenups. This is a written document designed to lay out many of the decisions that are to be made not only during the course of a marriage but in the event of a divorce as well. We all know that a divorce can get ugly. It is not uncommon for emotion to run high, and it is often difficult for someone to maintain their sanity and think and act in a reasonable or rational manner. Acting on emotion can be dangerous though. Often the obvious is overlooked and if decisions are made while emotions are running high, a person might regret what was said or done. A prenuptial agreement is designed to help a couple nearing marriage to layout each other’s wishes and expectations both during a marriage and in case of a divorce. It allows each side to open up with their own opinion and beliefs, and for each side to have a firm expectation. More important, a written document with each side’s wishes on paper could help avoid potential conflicts later. It may seem like an uncomfortable situation to bring up with your soon-to-be future spouse, but as we have shown there are many benefits to a prenuptial agreement that can be applied to not just a time of divorce, but during a healthy marriage as well. It is a discussion that you should at the very least consider.

On behalf of Mohajer Law Firm, APC posted in divorce on Friday, June 16, 2017. In California, when a couple gets a divorce, it is often not a simple matter of both sides agreeing to part ways, filing the papers and moving on with their lives. There are times that there are issues in dispute and one spouse chooses to file so the other spouse must respond. This is a serving of a summons and petition. The spouse who has been served has several options on how to respond. Knowing these and which is the most appropriate can be integral to a proceeding and a successful outcome. When served, the respondent has the option of doing nothing. This means that whatever the other person requests in the petition will likely be granted. The judge will make the decision on child custody, visitation plans, support and property based solely on what the other person has said. This is known as “true default” as the respondent is defaulting by failing to respond and not having any involvement. The true default means that the person is surrendering his or her right as a participant in the case. The next option is to do nothing not because the person is not participating, but because there is a written and notarized agreement with the other person where there is an agreement to end the union and on issues such as custody, visitation, property and anything else that will need to be dealt with. This is also considered a default because there was no official response, but the person who was served will have a say in the outcome stemming from the written agreement. The person can file a response with the court, but can also come to an agreement with the spouse about the issues. This will make the case “uncontested” since there is no fighting about any of the circumstances in the marriage and split. The respondent agrees to the terms of the divorce. Finally, the person can file a response with the court in which there is a disagreement over what the other person is requesting. This will be a contested divorce since there is no agreement and the court has the power to make decisions on the case. If the decision is made to file a response, there will be 30 days from the date of the serving of the summons and petition to do so. Even in situations where the parties have basically agreed to everything in advance, it is wise to have legal advice. Speaking to an attorney can be vital for anyone who is moving forward with a divorce whether they are disputing issues or not.