Law Offices of Bruce A. MossPracticing in the areas of family law and estate planning2023-11-27T07:33:50Zhttps://www.brucemosslaw.com/feed/atom/WordPress/wp-content/uploads/sites/1201056/2021/02/cropped-Favicon-32x32.pngOn Behalf of Law Offices of Bruce A. Mosshttps://www.brucemosslaw.com/?p=469232023-03-22T02:30:01Z2023-03-28T02:29:49ZCustody agreements outside court are becoming common as years go by. Divorcing parents are gravitating towards negotiations as compared to battling in court. They choose to develop parenting plans that work for their unique situations.This guide discusses three things you should agree on in a child custody matter. They include:
1. The child's living arrangements
You and your co-parent should agree on who will live with the kids primarily. The decision may be based on each parent's ability to be with them for an extended period. For instance, a parent who travels a lot for work may not be the best option for primary custody. Nonetheless, since every family is unique, you and your spouse should consider crucial factors to determine the most suitable home for your kid(s).
2. A visitation schedule
The parent who will not have primary custody will have a visitation schedule that both of you will develop based on the child's age and daily schedule. You may decide on whether the other parent will come to visit the kids in the primary home or they will go to the new home.
3. Where the parents will live
Another thing to agree on is where each parent will live. The parent with primary custody may remain in the family home, or they can also move out. Discussing where each parent lives is crucial, especially when the kids are younger. It can be unrealistic for a young child to travel across town every other day to visit the other parent. Having both parents live within the current school district may be reliable. However, if one of you wants to move far, you can always explore solutions like e-visitation.Custody agreements don't need to be challenging. You and the other parent can agree on vital factors with experienced legal guidance, making your experience smoother. ]]>On Behalf of Law Offices of Bruce A. Mosshttps://www.brucemosslaw.com/?p=469182023-03-03T16:28:08Z2023-03-09T04:46:28ZIt is not uncommon to face a divorce today. In many cases, the divorce process is settled between two people and only deals with a few matters, such as asset distribution and alimony. However, when kids are involved in a marriage or an unmarried relationship, then there’s often a lot more that needs to be discussed with regards to the kids.
You’ll eventually have to tell your kids that you’re getting a divorce or breaking up. While you could spring it on them the very same day that everything is finalized, that could greatly hurt their growth. Instead, you may want to make a plan as to how you’ll break the news about your divorce or break-up to your children. Here’s what you should consider:
1. Plan out what should be said
You likely can’t and shouldn't discuss any of the finer details about your divorce or break-up. You also should not wait too long to tell the kids. As such, you may need to prepare what you’ll say to your children considering their ages.Considering when you’ll tell your children the news is important. Talking to your children before school, for example, may create issues once they arrive. While talking about the divorce after dinner is over may allow them time to process the information, but may make it difficult for them to sleep. You may want to consider, if possible, telling them on a Saturday so that they have the rest of the weekend to process the information and ask questions. The most important thing to tell the kids is that you both love them and that they had nothing to do with the both of your decisions.
If you are uncertain about what to say to your children, consider consulting with a family therapist to help you.
2. Gather the family together
Speaking of when you should consider talking to your children, you may want to talk to your children as a family unit. Depending on the situation, your children still see you and your spouse as their parents. Your children will probably have many questions and it is always better for them to see you as united as their parents.
3. Let your children ask questions
Your children are likely going to ask questions, but that may depend on their age. You want to give the best answer possible – while leaving out some private or "adult" information. However, as stated above, you likely won’t know exactly how the divorce will end, but, by understanding your legal options, you may have a good idea of what the future holds.]]>On Behalf of Law Offices of Bruce A. Mosshttps://www.brucemosslaw.com/?p=468912023-02-17T13:07:46Z2023-02-22T13:06:09ZYou know that getting divorced means you and your partner are going to have to divide your assets. You also know that California is a community property state, which means that everything the two of you own is supposed to be divided equally. Unless you have a prenuptial agreement stating otherwise, that is the default position for the court.
But does this also apply to debt? Say that your spouse took out a lot of debt that you didn’t approve of during the marriage. Are you still responsible for keeping half of this debt after you get divorced?
When did they take out the loans?
The big question here is simply when they took those loans and when they incurred that debt. If it happened after the marriage, community property laws state that it should be divided equally, just like your assets.Also, you have to keep in mind that many married couples have joint accounts. For instance, perhaps you and your spouse share a credit card. Even if you can show that the bulk of the purchases made on that credit card account were done by your spouse, you are still responsible for the balance of the account. The same goes for a home mortgage, since your name is on the loan.Exceptions include things that may have been incurred before the marriage. For instance, maybe you and your spouse met in college. They had already taken out the student loans they needed to pay for tuition. You would not be responsible for this separate property, as they would’ve brought that debt with them to your marriage. It would stay with them after the divorce. But if they took out loans after you were married so they could go back to school, then you may have to be responsible for a portion of those loans.Finances can get complicated in a divorce, so make sure you know what options you have.]]>On Behalf of Law Offices of Bruce A. Mosshttps://www.brucemosslaw.com/?p=468892023-02-08T16:31:59Z2023-02-14T07:23:04ZWhen two people are in love and getting married, formalities are usually the last thing on their minds. However, marriage, as well as being a sign of commitment and love, is also a formal agreement.
The legal rights of both spouses will change significantly once they have tied the knot. In the event of a divorce, both parties will receive their share of the marital property, which, in California, is defined as being all property acquired during marriage, including all earnings from employment. When getting married, it’s important to cover all angles and protect yourself. A prenuptial agreement can help you to do this. Essentially, a prenup is an agreement on property division. This means that in the event of a divorce, items included in the prenup will not be disputed. However, prenups must follow certain protocols. The following factors could result in an invalid agreement.
1. If the agreement is manifestly unfair
Fairness is a pivotal aspect of family law in California. While a prenup can protect your rights, it should not unfairly expose your spouse to financial or legal hardships. If a prenuptial agreement contains provisions that are manifestly unfair, then the court may deem it to be invalid.
2. If it was not signed willingly
As with any legal contract, parties should enter without duress and they should also have a full understanding of the terms and potential consequences. If one party has been forced or manipulated into signing the document and there is evidence of this, the court is likely to disregard the agreement.3. Failure to follow formalities
There are many formalities that must be followed in order for a prenup to maintain its validity. First, the finalized version must be presented at least 7 days prior to the marriage. Also, it is important for both parties to be represented by an attorney or for the agreement to have a specific provision if either or both parties chose not to use an attorney.
Prenups are an effective tool but they need to be valid to protect you. Having legal guidance as you draft an agreement will help ensure that it is watertight. ]]>On Behalf of Law Offices of Bruce A. Mosshttps://www.brucemosslaw.com/?p=468872023-01-18T15:51:42Z2023-01-23T23:32:37ZWhat if your marriage affected your earning capacity considerably?
What if you gave up your career to care for your children or chose to devote your time to philanthropic endeavors because you had to be ready to travel with or help your spouse on a moment’s notice? Spousal support is typically awarded in cases like this, at least temporarily, until the lesser-earning spouse can get the education or experience they need to get back into the workplace and support themselves.
What if you’ll never be able to achieve the standard of living you’ve grown used to – perhaps over decades – on your own? Maybe you’re far closer to traditional retirement age than the age when most people enter the job market.
Do you have a right to seek the spousal support you need (and your spouse can afford) to keep you in that standard of living? You may as this is one of the factors the court must consider when setting the amount of spousal support. Of course, whether a judge will approve it (assuming your spouse doesn’t agree on their own) will depend on the strength of the case you make.
What factors are considered?
Under California law, one of the factors considered in awarding spousal support is the “extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage.” Judges will also look at the person seeking support to determine:
How long the marriage lasted
How much they contributed to their spouse’s success
Their marketable skills and earning capacity
Their non-marital assets
Their age and health
Of course, they’ll also consider your spouse’s financial situation as well, so you want to be sure they’re being honest and transparent. Having experienced legal guidance as you seek a fair amount of spousal support – whether by negotiating with your spouse and their team or putting the matter in a judge’s hands – can make all the difference to your future.]]>On Behalf of Law Offices of Bruce A. Mosshttps://www.brucemosslaw.com/?p=468862023-11-27T07:33:37Z2023-01-12T07:15:06ZThere are many things that influence the odds that a couple will get divorced. Some of them are obvious, such as high levels of conflict in the relationship or significant financial difficulties. These things are often cited in divorce cases.
However, there are also a lot of factors that are always working in the background to influence these odds. You may have heard that education level is sometimes connected to divorce, for instance. On top of that, the very age at which you got married can play a role.
Why does your age matter?
What researchers have found is that your age matters because the younger you are when you get married, the greater your odds of eventually getting divorced. The specific reasons for that divorce can vary. Some young couples have financial problems, others simply change and develop so that they are no longer a compatible couple. But regardless of what happens, there’s a clear trend where the odds of divorce are reduced for every year that someone waits to get married. Getting married at 18 carries higher odds of divorce than getting married at 25, for example.But this is not an endless progression. When you hit age 32, that is when your odds of divorce are the very lowest. After that age, they start going back up again. So you do not necessarily want to procrastinate marriage for as long as possible.
Are you getting divorced?
No matter when you were married, divorce is always a possibility with it happening to half of all marriages in the United States. Be sure that you know about your legal options if it happens to you.]]>On Behalf of Law Offices of Bruce A. Mosshttps://www.brucemosslaw.com/?p=468842023-11-27T07:33:45Z2022-12-27T09:17:13ZYou know after marriage many of your assets will be shared with your spouse. For many people, there’s nothing wrong with this. However, what some people overlook is that without a plan many of their assets may be lost in a divorce.
It’s important to have a protection plan when it comes to your assets, especially if there’s a chance you might lose something important or valuable in a divorce. In response, many people create prenuptial agreements. A prenup is an asset protection plan to ensure assets are distributed to their due place in the event of a divorce. Here’s what you should know:
Making an asset protection plan before marriage
A prenup can help detail who is supposed to own what assets which are owned prior to marriage or acquired afterward. Not only can this speed up the division process in a divorce but it can also establish what assets are expected to return to their owner.Yet, people may also include alimony/spousal support in a prenup.Alimony/spousal support is financial support given from one spouse to the other after divorce to ensure they continue their standard of living. Depending on the length of marriage, alimony/spousal support may be given only for a portion of the length of a marriage.
Protecting your assets after marriage
It should be clarified that a prenup is made only before marriage and can’t be made after a legal union. As a result, many people who delay creating a prenup or don’t know they have this option fear they won’t have a way to protect their assets. However, there is still one other way to do this. Couples may create a postnuptial agreement that stands to do everything that a prenup does but it’s made after marriage and can also be used to amend a prenup. There are more stringent requirements in entering into a post-nuptial agreement than a prenup due the to the fiduciary relationship which is created upon marriage.If you’re looking to protect your assets, then you may need toknow your legal options.]]>On Behalf of Law Offices of Bruce A. Mosshttps://www.brucemosslaw.com/?p=468812022-12-14T15:44:29Z2022-12-14T18:15:12ZFiling for divorce is rarely easy. For most, many emotions are involved, and it can be scary to think about your life after a divorce.
While this can be a stressful situation, there are things you can do and steps you can take to help make coping with this transitional time easier.
Recognize and address your feelings
During a divorce, you may run the gamut of emotions. Grief and frustration may be followed by anger and confusion. You may even feel anxious and depressed. All these are real emotions and things you must deal with. Trying to suppress these emotions can make a hard situation even more difficult. It is best to recognize and address your feelings and learn to accept them. Doing this will help you be better prepared to move on with your life. Consider speaking with a therapist if you need help addressing and dealing with your feelings.
Don’t be too hard on yourself
Life can be stressful at the best of times, let alone when you are going through a separation. It can wear you down and leave you burned out, stressed and empty. Operating at this low level may become impossible when going through a divorce. Now is the time to give yourself a break. You don’t have to be everything for everyone. Slow down and focus on you, your children and your priorities.
Avoid conflict when possible
Disputes are common in a divorce. Unfortunately, this can make the process even more difficult. Do your best to remain calm and avoid conflict when possible. This will help you get through the situation and move on with your life.
Getting through the divorce process
While divorce is not often pleasant, the tips here can help you get through this as best as possible. Be sure to learn about your legal rights and options, which will ensure that you handle the divorce process as best you can. ]]>On Behalf of Law Offices of Bruce A. Mosshttps://www.brucemosslaw.com/?p=468742022-11-10T15:03:27Z2022-11-10T15:00:02ZMost often, when two adults meet and fall in love, they hope to live happily ever after. However, no one knows what tomorrow holds. Before getting married, it is prudent that you safeguard your financial well-being. And this is where is prenuptial agreement comes in.
A prenuptial agreement, also known as a prenup, is a written agreement that a soon-to-marry couple gets into before tying the knot. This contract details each party’s assets and stipulates what will happen should the marriage come to an end via divorce. While signing a prenup is generally a good idea, certain circumstances make the need for this contract all the more compelling. Here are two clear signs that you need to sign a prenup before tying the knot:
1. You are coming into the marriage with significant assets
More and more people are getting married late in life these days. As such, it is not uncommon for couples to accumulate significant assets prior to getting married. This is also common when people are getting into second or subsequent marriages. If you are getting into a marriage with significant assets, then you need to protect your possession with a prenuptial agreement.
2. Your partner has significant debts
Assets are not the only thing that will be up for division during a California divorce. Just like marital property, any debt that is acquired during the marriage must be divided according to California community property laws. If your soon-to-be spouse has significant debt, then signing a prenup may be a great idea. This will protect you from being held liable for debt that your spouse acquired. A prenuptial agreement gives you peace of mind knowing that your hard-earned assets will be protected should the marriage end in divorce. Find out how you can safeguard your rights and interests while creating and signing a prenup in California. ]]>On Behalf of Law Offices of Bruce A. Mosshttps://www.brucemosslaw.com/?p=468692022-10-31T18:48:43Z2022-10-31T18:45:52ZMost marriages do not turn out to be as idyllic as expected. Unless couples lived together before tying the knot, they are unlikely to know all the quirks and foibles of the other person.
On top of that, they probably won’t have been through many difficult moments together, the sort that can challenge even the best relationship.Despite this, some couples really do stay together until death does them part. So, how can you tell if you are going through a difficult period that will pass or have reached a final impasse?Here are some signs that divorce might be the best option:
Your relationship has become abusive
No one benefits from putting up with abuse, yet many do because escaping it can feel challenging. Some abusers will push things further and further if they feel they can get away with it. Do not risk waiting until it is too late.
You feel like you are holding each other back
You each have one life. Once that is gone, you will not get a second chance. If you feel you are restricting each other or staying married is restricting you, consider if singledom would allow you to pursue your dreams. If your spouse really loves you, they should understand your need for freedom.
You can no longer be honest with each other
Honesty is crucial to any relationship. If you find yourself afraid to share things with your spouse or they are being dishonest with you, consider why that is. If you decide your marriage has run its course, seek legal help to understand how a divorce would work.]]>