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In Divorce

FAQ: How Does Social Media Affect My Divorce

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Facebook, Twitter, Instagram, and Pinterest. Social media accounts offer others a fun and interesting window into your world. But if you’re going through a divorce, social media posts can have serious implications and consequences, doing more harm than good.

They can adversely affect a wide range of issues: custody disputes, division of property, and spousal or child support decisions. Suddenly, what was once an enjoyable way to pass the time becomes a challenge to be overcome in court.

Social Media’s Impact on Divorce Issues

Keeping secrets in the information age is no easy task. California law allows for the discovery of information that is “not privileged” and is “reasonably calculated” to lead to discoverable evidence. What that means is that, even if you have restricted the privacy settings on your social media accounts, the court may still allow certain posts to be used for or against you. Here’s how you can be affected:

  • Child Custody and Support Proceedings. If your divorce involves issues of child custody and support, you should take extreme care in what you post. Even if they are otherwise innocent, posts referencing alcohol or drug use, brand new cars or homes, trips, dating stories, and new relationships can all affect custodial and support awards. Think twice or thrice before you post to a social media site. If there’s a chance a post could have a negative impact, it’s probably best to not post.
  • Divorce Proceedings. More than 80% of divorce attorneys nationwide have used social media as a valuable tool for collecting evidence to present to the court. And as long as requests can be argued to appear reasonably calculated to lead to the discovery of admissible evidence, courts have allowed them. What can you do? Act as if every social media post – or any other electronic communication like email – can and will be used against you in court. And keep in mind that friends you and your former spouse shared during the marriage may be alerting him or her to posts (or even private messages) you make or send.
  • Restraining and Protective Orders. If you have a restraining or protective order in place, commenting on, liking, or tagging your former spouse may be enough to violate the order. Courts are more frequently viewing social media speech the same way they do “live” conversations. Be incredibly careful in what you post.

Visitation Rights.

Social media and technology is not all bad news for your divorce. For divorced parents living a distance from each other, it can allow children to engage in ordered visitation schedules. Webcams and video chats allow for virtual visits and some states have passed specific laws that allow electronic communication to supplement face-to-face visitations.

Learn More

Many spouses going through a divorce freely text, email and update their status without considering the strategic risks and dangers that come along with these types of electronic communications. Before you post your next social media update or hit that send button, stop and think about the effect it might have on your divorce proceedings. An experienced California family law attorney can explain more about the implications of using social media during your divorce. While it may be an important part of your life, you may ultimately decide it’s best to stay off social media while your case is pending.

In Divorce

FAQ: Are There Ways To Reduce Alimony?

alimony

California family law courts order spousal support to ensure that the standard of living experienced during the marriage is maintained to a reasonable extent after the divorce. Regardless of what you may have heard, that doesn’t mean that spousal support is fixed for life. In fact, California law does not favor indefinite spousal support, or alimony. If you or your spouse were awarded spousal support in your divorce, it is possible to have that support reduced.

Ways to Reduce Spousal Support After Divorce

Unless the conditions under which spousal support can be reduced or terminated are specifically addressed in your divorce agreement or court order, the paying spouse can request the court to order a reduction. There are three main steps in determining whether you’re entitled to a reduction.

1. Analyze the Spousal Support Order. There are no shortcuts to winning a spousal support reduction, and it isn’t enough to ask the court for one because you think it’s called for. Make sure you fully understand what the original order calls for. Check what, if any, provisions for modification or non-modifiability are outlined in it.

2. Analyze Your Former Spouse’s Change of Circumstances. One of the top reasons for a reduction in spousal support is the changing circumstances of one or both parties. What does that mean? Simply put, it’s the reason you believe a reduction is justified. Common changes in circumstances include:

• The paying spouse’s income has decreased since the spousal support was ordered.

• The receiving spouse’s income has significantly increased since support was ordered.

• The receiving spouse is now living with another partner. Sharing a home with a roommate, no matter what gender, does not qualify.

3. Prove Your Claim Through Evidence. Once you understand your original spousal support order, and you’ve identified any changing circumstances, you’ll need to produce evidence to the court that backs up your request for reduction. This can be in the form of financial documents, written declarations, oral testimony, or a combination of all three.

What the Court Considers

The court contemplates several factors when deciding whether a reduction is justified. Illness, unemployment, and remarriage are all causes for consideration. So, too, are a party’s age and physical and emotional condition. Keep in mind that the courts do not look kindly on those who voluntarily leave a job or seek a lower paying one simply to avoid paying the ordered support.

A reduction in spousal support can often be more difficult and complicated than obtaining the original order. That’s because in post-judgment divorce orders, the family court has certain conditions for modification and must use a complex evaluation, not a computer program, for determining if a change is warranted

An experienced California family law attorney can help you evaluate your current order and advise whether a request for reduction is proper. If you’re facing a spousal support modification request and want to oppose it, an attorney can tell you whether the request for modification is justified and help you oppose it if necessary.

In Divorce

FAQ: What Can I Do To Prepare For Divorce?

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It’s said when you’re going through a tough time, it helps to know you’re not alone. In the U.S., there are approximately 2.4 million divorces per year, and nearly half of all marriages in California do not last. 

Divorce is often a painful and difficult time in your life, both personally and financially. Careful planning goes a long way in helping you navigate these until now unchartered waters.

How to Prepare for Separation and Divorce

Start by making a checklist. It will not only help you get your thoughts in order, it can be emotionally calming, as well. A sense of purpose goes a long way in instilling confidence. You want to gather together documents that will be used to determine your family’s expenses:

  • Five years of state and federal tax returns.
  • Three years of bank statements.
  • A recent credit report, which you can often obtain online for free.
  • Three years of credit card statements, individually and jointly held.
  • Current balances and monthly payment amounts on other debts, like a mortgage or line of credit.
  • Current pay stubs for both spouses.

Next, assemble all the documents showing the distribution of your assets and debts:

  • Both current and date of separation bank, brokerage, investment, or other financial accounts statements.
  • Both current and date of separation retirement account statements. If any retirement account existed prior to the marriage, include a statement from the date of marriage.
  • Appraisals for real or personal property.
  • Copies of any homeowner’s policies showing value of the contents of any residence.
  • If either or both of you own a business: five years of corporate tax returns, balance sheets, shareholder agreements, and profit and loss statements. You’ll also need copies of all business insurance policies.

Finally, make an inventory of all your marital property. A quick way to do this is by photographing or videotaping all the contents of your home or homes. Don’t forget the outdoors, and include cars, boats, recreational vehicles, etc. If needed, you can always create a list later which shows the actual value of the items.

Consult an Attorney

From separation to final divorce, remember to take your time and don’t create any unnecessary pressure on yourself. Do your research, and don’t make decisions based on what happened to a family member or friend. And most of all, understand the California family law legal process. 

You don’t have to immediately retain a family law attorney, but it helps to consult with one who can give you specific advice on your own issues. It isn’t easy to make sound decisions when you’re in a stressful situation and an attorney can advise you on how to avoid making mistakes that may affect your divorce as it moves forward.

Getting a divorce can be a financial disaster, which is why it is best to hire a lawyer who specializes in divorce or family law. They will know how to best protect your assets and guide you through the process with ease. For more information or to schedule a consultation, click the button below, or call us at 619-289-7948.  We look forward to helping you!

Schedule a Free Confidential Consultation
In Divorce

Bankruptcy and Divorce: How These Two Play Together in CA

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In California, divorce and bankruptcy sometimes go hand-in-hand. One or both parties may find themselves unable to pay family debts, or one spouse may try to use a bankruptcy to give themselves a financial advantage. Most concerns about divorce-related bankruptcies fall into one of these categories:

  • The payment of joint credit card debt.
  • The payment of alimony or child support.
  • The enforcement of a property settlement.

First, a quick answer on spousal or child support payments. Section 523(a)(5) of the Bankruptcy Code prohibits in all chapters the discharge of any and all support obligations. Here are some other common scenarios where divorce and bankruptcy cross paths.

Spouse Files for Bankruptcy During Divorce

A divorce sometimes trigger a bankruptcy filing by one spouse. Unfortunately, this can prolong the process and complicate property division issues. California is a community property state, so even if only one party files for bankruptcy, all matters relating to community property and debts are frozen until the bankruptcy case is completed.

The only exception might be in cases involving pre- or post-nuptial agreements. Once a spouse files for bankruptcy, a bankruptcy estate is established that includes assets such as the family home, pensions, stock portfolios, or mutual funds that can be used for paying debts owed by the filer. All such debts must be paid before the bankruptcy can be finalized. However, the court can still hear testimony on and decide issues related to support.

Filing for Bankruptcy Before Filing for Divorce

If you know ahead of time that either one or both of you will be unable to pay certain debts after divorce, you might want to consider filing for bankruptcy jointly. Just be sure to do so before you file divorce papers.

Just like community property assets are divided between the parties, so too are marital debts. If only one spouse files, he or she is the only one entitled to have their debts discharged. If those debts were joint, this could leave the other spouse open to creditors trying to get payment from them. To avoid being left responsible for any such debt, it’s worth speaking with an attorney about filing for joint bankruptcy.

Enforcing Judgments

Along with support obligations being non-dischargeable under the Bankruptcy Code, all property settlements owed from one spouse to the other, or to a child, are non-dischargeable in a Chapter 7 bankruptcy. Some debts, however, are still dischargeable in a Chapter 13 bankruptcy, so due caution and consultation with an attorney are in your best interests.

Foreclosure and Bankruptcy

If you’re in the middle of a divorce and are served with foreclosure papers because you can’t keep up the mortgage payments, it can be a frightening time thinking you’ll lose your home. Filing a Chapter 13 bankruptcy will stop the foreclosure and gives your family some time to propose a debt restructuring plan. Even if you are unable to reach such an agreement, filing for Chapter 13 relief can buy you time to find another place to live that is more within your means. It can also give your family enough time to put the home on the market yourself, which is always better than what you’d receive from a foreclosure sale.

Remember, filing for bankruptcy during or after a divorce is not an effective way to avoid basic financial commitments that typically occur between spouses. Above all, if your spouse files for bankruptcy before, during, or after your divorce, do not ignore it. Speak to a family law attorney who will go over all your options to protect your interests in the community assets.

Getting a divorce can be a financial disaster, which is why it is best to hire a lawyer who specializes in divorce or family law. They will know how to best protect your assets and guide you through the process with ease. For more information or to schedule a consultation, click the button below, or call us at 619-289-7948.  We look forward to helping you!

Schedule a Free Confidential Consultation
In Divorce

Top 5 Items Not to Post on Facebook While Going Through a Divorce

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Social media and divorce do not mix.

While one might think that complete deletion of all platforms- Facebook, Twitter, Tumblr, Snapchat, Instagram, and whatever else may become popular in the time that is posted- this is not always the case. Deactivating your account, can be viewed as though you are trying to hide assets or information from your spouse or their legal team. With Social media and divorce you must assume that everything you post can and will be seen by both your spouse (through mutual friends) and in turn their legal team. Social media and divorce hurts in several ways- personally it can make you seem weak or desperate, but perhaps most importantly it can provide ammo to your opposing legal team.

     1. Pictures

Pictures of you out with friends either drinking or partying should not be posted. Even if this is not a common occurrence for you, images such as these can be used as proof that you are an unfit parent and become evidence in a custody battle. Social media and divorce can turn into the main argument in a custody case.

     2. Status Updates

Social media and divorce tends to destroy the best things about social media in general, such as status updates.  It is great to post about the good things in your life but this can also hurt you. Avoid updates about going out, or speaking negatively about your soon to be ex spouse, or even the court case as all of this can be used against you in court.

     3.New Purchases

Retail therapy is a real thing! However posting about new purchases is can be detrimental to a claim for spousal support. Even if you are excited for a little bit of joy, this indicates a financial stability, either hidden in discovery or implying you don’t need spousal support.

     4.Workplace Humblebrags

Avoid openly bragging about bonuses or promotions at work. While this may seem like a way to show the world you’re doing very well post-separation, one might feel like this is the best use of Social Media and divorce, but it still is proof that you have financial assets that your spouse can go after.

     5.Private Messages

Remember that even your private messages are up for grabs in the discovery period. Do not put anything in writing that you do not want a judge to read as if it exists on social media, it can be found. Think of social media activity as both public and permanent.

These same rules apply to your former spouse as well. Social Media and divorce is not a one way street. Keep an eye on his or her accounts (mutual friends can be useful for this) for the same purposes- photographs or messages that hint at hidden assets or perjury on financial statements.

Most of all, remember to exercise control and common sense with Social Media and divorce. Just to be safe- stick to pictures of your pet and uplifting quotes. Assume that anything you post can be viewed by both your ex spouse, so be sure to present an image of a happy, stable, responsible person.

Navigating social media and divorce at the same time can be tricky! That is why it is best to consult with a lawyer who specializes in divorce or family law. They will know the best way to advise you regarding these sensitive issues.

In Divorce, Family Law Blog

FAQ: How Much Does Divorce Cost and Who Pays For it?

divorce-cost

Choosing to divorce is not usually an easy decision, but once that decision has been made, thoughts can quickly turn to how much it will cost. Most people find themselves asking how much does divorce cost as everyone has heard horror stories of divorcing couples who lost their entire savings after going to war over the most minor of details. Those cases are actually rare, though, and the cost of a divorce in California usually runs from $2,000 to $20,000.

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In Division of Marital Assets, Divorce, Family Law Blog

5 Little Known Ways to Save Your Sanity During a Divorce

Save-Your-Sanity

Save Your Sanity During A Divorce!

Going through a divorce is one of the most stressful life events that can happen to an individual. Through the pain, confusion, anger, and frustration of the emotional turmoil, not to mention legal headaches, it is important to find ways to save your sanity during divorce so you can come out the other side stable and ready to start this new chapter of your life.

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In Division of Marital Assets, Divorce, Family Law Blog

Timeline for Divorce in California

Timeline-for-Divorce-Sign

There is a timeline for divorce in California which begins once you have filed and served your divorce papers.  There are certain steps that need to happen before your marital status can be officially terminated.

6 Month Waiting Period in CA

A divorce in California will take at least 6 months, but could also take several years depending on the individuals involved. A simple, uncontested divorce will normally take 6 months to complete and is the soonest a couple can divorce, due to the mandatory waiting period in California. Seeking legal expertise from professional attorneys like Minella Law Group is always advisable, couples who are going through a divorce are advised to give mediation and or settlement a solid try before appearing before a judge. The reason is that when an authoritative entity enters into the situation, a substantial amount of control is given over to the court in the interest of having matters decided for you. Obviously, a settlement created by a judge may or may not create finality that you find satisfactory. If children are involved, there are added risks in giving over the control to a judge, and will be more difficult to adjust later and/or amend after your day in court.

Dissolution of Divorce

A Dissolution of divorce begins with the actual decision of becoming divorced. The petition for dissolution is prepared with the help of a capable attorney who prepared the petition detailing the way the divorce-seeking party would like to settle matters such as property, custody, and spousal support. The attorney then files the petition with the court and has the other party personally served. If the other party does not agree with the terms, they have 30 days to file a response to the petition. Before the settlement discussions can start, all financial documents and information referring to the case must be exchanged.  If the parties cannot settle their case, it will be set for trial.  Each party will present the evidence supporting their position in the divorce. Once the judge has heard all of the testimony, he or she will render a decision on how to settle the case. If one party of both parties are not satisfied with the terms set forth by the judge, it is possible to file an appeal.

Child Custody and Visitation

During a divorce, serious disagreements may arise over child custody that require experienced attorneys like Minella Law Group.  Child custody disputes must be dealt with prior to the case being finalized. If the parties cannot agree on custody, it is important to get started by filing a motion in court to have the child share plan decided. There could be other issues involved such as child support, spousal support, and attorney fees that also need to be decided. It can take months to participate in custody mediation and to ultimately get a decision from a judge, so it is best to start right away.

Finalizing your Divorce

Once all the issues have been resolved, the judgment will be submitted to court for review and filing.  The judge will review the judgment of dissolution to ensure that all terms are fair and that the paperwork is filled out properly.  The judge will sign and terminate your marital status restoring your single status.

Summary

Despite there being a timeline for divorce in California, your divorce does not have to drag on and on. The experienced staff at Minella Law Group can advise you of your rights and assist you making the divorce process as painless as possible.  For more information or to schedule a consultation, click the button below, or call us at 619-289-7948.  We look forward to helping you!

In Division of Marital Assets, Divorce, Family Law Blog

10 Ways to Protect Your Money During Divorce

pink-pig

Divorce is often a messy, complicated and emotionally charged affair.  Hasty or poor decisions made regarding the division of money and property may haunt you after the dust has settled.  There are actions you can take to protect your money during divorce, even if you are just considering a divorce.  The following tips are also wise to take into consideration if you are about to get married, especially if one person is entering the union with a great deal more wealth than the other.

Keep in mind that there are Community Property States and Equitable Distribution States. A Community Property State requires that the “marital assets” be split in half equally; California is a Community Property State.

     1. Consider the After Tax Value of Funds and Assets.

  • For example, should your ex offer you a $50,000 IRA in exchange for $50,000 in a bank account, he or she would have access to all of the funds immediately.  Should you need access to the funds you would have to pay the taxes and penalties for cashing out the IRA early and could be left with only half of the money

     2. Resist the Temptation to Wage War Against Your Adversarial Spouse.

  • The extra 10% they may be asking for could end up costing you less than the lawyer’s fees in an all out legal battle.  It’s best to avoid confrontation and keep the peace.
  • You can choose to have an attorney and have an amicable dissolution, it does not have to cost you everything you are fighting to keep.

     3. Funds you Have Had in Accounts Before the Marriage Remain Yours Unless you Have Commingled the Money in a Joint Account.

  • In California, the presumption is that what you owned before marriage is yours unless there is evidence to rebut that presumption.
  • Also, if you owned property before marriage that property is most likely still yours unless you did something to rebut the presumption.

     4. Heirlooms Given Solely to you by your Family also Remain your Property.

  • Make sure you have proof that the items were indeed endowed only to you and not your spouse as well.
  • Wedding gifts can be characterized as community property.

     5. It’s a Good Idea to Hire a Professional Appraiser to Determine the Value of your Assets.

  • An appraiser can arbitrate the value of your spouse’s business as well.
  • It is also a good idea to get an appraisal of any real property to avoid disputes as to valuation.

     6. Community Property is Assessed at Market Value.

  • For example, the $250 pots and pans set you both own might only be worth $75 used.

     7. You or your Spouse are Allowed to Return to the Residence and Claim Belongings if Either of you have Moved out.

  • If you hired a locksmith to change the locks, your spouse can legally hire another locksmith to change them again and gain access to the residence unless there is a restraining order in place.
  • You cannot make unilateral decisions on the division of property, they have to be joint decisions or decided by a court.

     8. Spousal Support can be for Life

  • In a state such as California, if you have been married for more than 10 years the spouse earning the least amount of money has the right to receive alimony for as long as he or she needs.

     9. It’s a Bad Idea to try and Hide your Funds and Assets.

  • There is a legal process in all states called “discovery”.  Your spouse has the right to obtain information regarding all of your accounts and places where you may have stashed assets. You will likely have to provide live testimony that you have been truthful about your finances.
  • You could be charged with perjury and fined if you are caught lying and lose 100% of that asset if you did try to lie.  It’s best to hire a good divorce attorney who will help you get the best settlement possible.

     10. Prenuptial Agreements can Potentially be Contested or Require Costly Legal Action to Uphold.

  • A prenuptial agreement does not guarantee a fight at divorce but it can be helpful to identify what is separate property before walking into the marriage.
  • Some people have found that a Domestic Asset Protection Trust (DAPT) can protect their funds in the event of a divorce.  A DAPT is an irrevocable trust that prevents creditors from accessing your money and in some cases, can prevent your spouse from accessing it as well.  You should investigate the viability of a DAPT because the rules are different from state to state.

Summary

Divorce can be a financially devastating process, but there are ways to minimize the risk and the financial loss to your assets and property. Minella Law Group can assist you to protect your money during a divorce. For more information or to schedule a consultation, click the button below, or call us at 619-289-7948.  We look forward to helping you.

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