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On behalf of Mohajer Law Firm, APC posted in family law on Friday, November 2, 2018. You believe that you and your spouse-to-be should have a solid prenuptial agreement in place before you tie the knot. You know that prenups are becoming increasingly common among couples whether they have a lot of money going into the marriage or not. However, you’re not sure how your partner will react when you suggest it. Therefore, you’ve been procrastinating about broaching the subject. You know, though, that it’s not something that should be put off until the last minute. A good prenup takes time and discussion, and no one should feel pressured to sign something they’re not comfortable signing. It’s important for partners to feel that a prenup protects both of them. Therefore, once you’ve suggested a prenup and begin discussing what you both want out of it, it’s essential that you pay attention to what’s important to your future spouse. For example, maybe you’re concerned with protecting the business you’ve just started. However, your partner may be worried about what will happen if they give up their career for a time to be a stay-at-home parent and then the marriage ends. If the prenup doesn’t represent both of your concerns, one person will understandably feel resentful. Work through the prenup together. Don’t just have your attorney draw one up and present it to your future spouse. Agree on the terms you want to include before an attorney gets to work on it. You should both have your own attorneys to ensure that your interests are protected. One person’s attorney may draw up the prenup, but the other one’s attorney should review it and raise potential issues if necessary. Having the right attorneys can make a big difference in how peaceful the prenup process is. You should each choose an attorney who will look out for you, but with an eye to protecting the relationship. An attorney with killer instincts may be what some people need in a divorce, but not when drafting a prenup. You hope that you and your intended will be together forever. You just want some insurance that you’ll be protected financially and have a fair settlement if that doesn’t happen. If you and your attorneys go about the prenup drafting process with that attitude, it can actually bring you and your future spouse closer together as you discuss your goals. Tags: Family Law Related Posts: Making smart financial decisions if you have an unfaithful spouse, New law provides guidance regarding pets in California divorces, What are your choices when presented with divorce papers?, Is collaborative divorce the right choice for you?

On behalf of Mohajer Law Firm, APC posted in family law on Wednesday, October 3, 2018. We Californians pride ourselves on being ahead of other states in many areas. However, one of those hasn’t been the way that pets are viewed under the law in a divorce. That has changed thanks to legislation that Gov. Jerry Brown just signed into law. Illinois and Alaska have similar laws on the books already. Currently under California law, and in most other states, pets are considered the property to be divided along with the cars, furniture, and artwork. Here in California, if an animal was acquired during the marriage, it is viewed as “community property.” Couples still have to determine whether one spouse will keep the animal or whether it will take turns living with each of them. However, if the couple is unable to agree on a solution and a judge has to rule, they can decide the matter based on whatever factors they choose. Under the new law, when making these decisions, courts are charged with considering the animal’s welfare and which spouse is better able to care for it. “Care” is defined under the new law as including “the provision of food, water, veterinary care, and safe and protected shelter,” as well as things like the “prevention of acts of harm or cruelty.” If one spouse is granted the right to be the animal’s primary caregiver, the other may be granted visitation rights. The legislation was spearheaded by Hayward Assemblyman Bill Quirk, who said, ‘I know that owners view their pets as more than just property. They are part of our family, and their care needs to be a consideration during divorce proceedings.” While some in the legal community contend that the new law just adds complications to an already-overloaded family court system, rescue groups including the American Society for the Prevention of Cruelty to Animals (ASPCA) hope that it will reduce the number of pets who end up in shelters after their owner’s divorce. If you and your spouse have one or more companion animals that you love and are used to spending time with every day, no determination of whose home they’ll live in and how often each of you will see them is completely painless. However, it’s worthwhile to understand the new law — particularly if you can’t reach an agreement on your own and have to ask a judge to make the decision.

On behalf of Mohajer Law Firm, APC posted in family law on Thursday, September 20, 2018. Your spouse has served you with divorce papers. Maybe the two of you have been discussing ending your marriage, and you agreed to let them be the one to proceed with the summons and petition. Maybe you weren’t expecting it. Either way, now you have to decide how to respond. First, it’s essential to read the two documents carefully. They provide details regarding things you can and can’t do at this point with your assets and debts. If you have children, it may also list restrictions, such as how far you can travel with them. If you don’t already have a family law attorney, now is the time to get one. Your attorney will help you determine your best course of action. You have four basic options. You can choose what is called a “true default.” This means that you’re not only not contesting the divorce, but choosing not to participate. A judge will likely give your spouse whatever they’re seeking in the petition or at least base their decision on the information provided by your spouse. If you and your spouse have already worked out an agreement regarding matters like property division, support and child custody, you may also choose not to respond. The agreement, which must be notarized, will be honored. This is called a “default with an agreement.” You may respond to the court, stating that you agree to everything sought by your spouse in the petition. This is an “uncontested” divorce. Finally, you can respond to the court stating that you disagree with one or more of the things sought by your spouse. This is called a “contested” divorce. If you choose to respond, you need to do so within 30 days of when the papers are served. Therefore, if you didn’t see this coming, it’s essential to seek legal guidance as soon as possible. An experienced California family law attorney will help you work to do what is best for you and your children.

Not all divorces end up in a courtroom with bickering spouses and attorneys pleading their cases in front of judges. In fact, many couples are able to avoid the time, money and stress involved in litigated divorces. They work together to amicably negotiate the end of their marriages with the guidance of their attorneys. This is often referred to as “collaborative divorce.” When divorcing couples have children, collaborative divorce can be particularly valuable. It allows co-parents to work together to craft a parenting plan that puts the best interests of their children at the forefront. Couples using the collaborative approach are able to bring in financial and tax advisers, mental health professionals and other experts to help them work out their various agreements or provide support for something they’re seeking. Collaborative divorce doesn’t necessarily require spouses to feel warmly toward one another. However, it does require that they put aside their negative feelings to communicate openly and work together to settle financial, property and, of course, custody matters. It’s not for everyone. It’s not the best choice for high-conflict relationships, if spouses are far apart and unwilling to compromise on what they want or if there’s been any physical or emotional abuse in the relationship or the family. If you and your spouse have chosen to have a collaborative divorce, it’s essential to have a California family law attorney who has experience with this type of divorce to be by your side during the process. This can help you emerge from your marriage satisfied with the agreements that have been reached and in the best possible position to move on with your life.

Most people who get behind on their spousal and child support don’t serve jail time as a result. It’s rarer still for someone to request time behind bars. However, that’s just what John Schneider did. Schneider is best known as one of the stars of the popular television show “The Dukes of Hazzard.” Schneider’s wife was awarded nearly $19,000 a month in alimony after the couple broke up in 2014 after more than two decades of marriage. She cited irreconcilable differences in her divorce filing. Last month, Schneider was sentenced to serve three days in jail because he reportedly owes his former wife over $150,000 in alimony. He was also sentenced to 240 hours of community service and an additional 120 hours in jail for contempt. He was released from the Los Angeles County Jail the same day he was booked due to prison overcrowding. The contempt sentence was suspended in lieu of meeting certain conditions. These include paying the taxes needed to be able to transfer the couple’s property in Apple Valley to his ex-wife, submitting required financial disclosures and paying other money that he owes her. Schneider, however, says he probably will be unable to comply with those conditions and asked to serve his jail sentence instead. In a letter to the judge in the case earlier this month, he spoke of his “regret and embarrassment” about being unable to comply with the conditions set by the court. He told the judge he is “leveraged to the max.” The actor said that he has tried to do “what I believe is ‘right’ throughout this whole process.” The letter didn’t persuade Schneider’s ex-wife or her attorneys, however. They asked that it be stricken from the record until her attorneys could question Schneider in a hearing about the financial difficulties he has cited. One of the purposes of spousal support is to prevent a person from suffering undue economic hardship after a divorce. However, it’s not meant to send the payer into dire financial straits either. How much money a person ordered to pay support actually has, particularly if he or she has complicated financial dealings, can be a matter of dispute both during and after divorce. Whichever side of the equation you’re on, it’s essential to have experienced legal guidance to protect your rights and present your case.