Archive for Divorce

Property Division During A Divorce

Handling divorce is difficult regardless of your age. It does not matter whether you have been married for five years or fifty: divorce is tricky. One of the most challenging aspects of going through a divorce is handling the division of your property and your assets.

Sometimes couples are able to evenly and amicably divide the assets of their estate without difficulty. Other times, however, it becomes necessary to consult with a lawyer. San Ramon, divorce attorney, can offer assistance if you arestruggling to determine who should get what during the division of your personal property.

Many couples feel that if they do not own a lot of land, dividing property is easy. The truth is, however, that choosing how to divide your home can be challenging even if you do not own accompanying land. For example, will the wife get the house or will the husband? Will the other party get the possessions inside the home? Will one person be required to pay the other for their portion of the home?

If you are struggling with these questions, consider consulting with an attorney. San Ramon, divorce attorney, for example, can offer assistance and advice for couples who are currently struggling to divide their assets. When a couple is unable to divide their assets on their own, it is time to consult with a professional divorce attorney. An attorney will be able to offer suggestions, input, and advice for handling the property division.

Your attorney will talk with you about your current belongings. Sometimes the questions and solutions will be simple. For example, if a wife has a postcard collection from her childhood, chances are that she will walk away from the relationship with that collection. If, however, the couple accumulated a coin collection during their marriage, choosing who gets to keep the coin collection or whether it will be divided or sold is much trickier. Occasionally, when a couple can’t agree who gets something, they choose to sell the item or property and simply share the proceeds from that sale.

Post Divorce Litigation – Child & Spousal Support Modification

One issue that a San Ramon divorce attorney has to frequently consider is Child and Spousal support. it isa tricky legal issue, often coming down to questions like, “how much is fair?” or “is this person really entitled?”. Because of the emotional tilt involved in a child support case, it isimportant to try to separate law from feeling when such cases arise. That’s not really the hard part, though.

Where this law gets particularly difficult is in cases where the situation of the parties involved changes. Maybe the person paying child support loses their job, or perhaps the child of a divorced party lives with the other parent primarily now. Modifications have to sometimes be made by a San Ramon divorce attorney to the existing agreement between the divorced parties. Here’s a run-down of how this works in reality.

1. The Situation Changes
We talked about a few examples of what could happen above. Suffice it to say, modification starts when the personal situation of the person paying child support changes. Perhaps they see their child more, or less, or perhaps they make less. The law cannot financially cripple someone paying child support, and considerations must be made. The same is true if the beneficiary of child support pulls in more income; it isassumed they can provide more on their own.

2. Legal Action
At this point, the parties seek to re-define the terms of their child/spousal support agreement. This is handled in a legal setting. The primary difference between spousal and child support is that child support can never, by law, be completely terminated. Spousal support can.

3. The Finalized Agreement
Once both parties reach an agreement, voluntarily or by court order, the new settlement is enacted. It can be thought of as the new contract between the two involved parties.

While this is overly simplified, this reflects what Child & Spousal Support modification, why it happens, and the rights you have.

Reducing or Terminating Your Spousal Support Obligation

Spousal support is one of the most expensive parts of divorce, especially if the court rules that you are required to make payments for a long time. it isimportant to note that law in California does not favor indefinite payment of spousal support. You can revisit your court order and get your spousal support reduced, but you’ll need the help of a San Ramon divorce attorney. Taking action to change the order now is likely to save you thousands of dollars over the years.

The court will not reduce your payments without action from you, so it isimperative that you consult with a San Ramon divorce attorney who has helped hundreds of clients reduce or eliminate their spousal support payments. Your ex will not contact the court to have their payments reduced, even if their situation changes. There are many situations that affect the amount of spousal support you are required to pay. it isto your benefit to contact the court as soon as possible if you are unable to meet your obligations, especially if you have lost your job or your income has been reduced. Letting the court know that you have retired or you are about to retire is also likely to result in a reduction of spousal support payments.

Your ex is likely to paint themselves in the worst possible light financially in order to get a higher amount of spousal support. An experienced lawyer can help you collect the right documentation to prove that your ex spouse is able to support herself without help from you. Any increase in your ex’s income should be submitted to the court and it should be noted if your ex starts cohabiting with another person, as this usually results in a reduction of her financial responsibilities. Even a small reduction in the amount of spousal support you are required to pay each month will add up.

What To Expect After Your Divorce

Divorces can be messy. Even if you areworking with a talented San Ramon divorce attorney, divorce proceedings can be incredibly stressful, to the point where you might forget that there is indeed a light at the end of the tunnel. After your divorce, you should expect to feel a sense of relief that the process has thankfully come to a close. However, there are a few legal things that will still continue to be an aspect of your life, even after your divorce papers have been signed.

Custody Schedules

Hopefully, you and your San Ramon divorce attorney have worked out a placement schedule for your children that is fair to both parties. Even if you are pleased with your custody schedule, this new parenting routine can take some getting used to. Above all else, be sure to adhere to the new schedule, as failure to do so can result in serious legal ramifications and a return to a courtroom. When it comes to getting used to going back and forth, adhere to the schedule assigned to you and simply remember that the first year or so of this new system will take some getting used to. Take it one day at a time.

Spousal Support

Stay in contact with your attorney, even after your divorce proceedings are over, if you are receiving or providing spousal support. Spousal support is not set in stone; rather, the monthly amounts can change should one party become unemployed or experience a change in their wages. Be sure to keep in contact with your attorney in case you need to go to mediation over any discrepancies in the amount that you are supposed to receive.

A divorce can be stressful and your new life as a single person may take some getting used to. However, as long as you adhere to the terms agreed on in mediation or by a judge, the process of getting used to your life post-divorce will be a lot simpler.

Thinking Of Hiring A Divorce Attorney? Here’s What To Ask The Firm Before Hiring Them

Before agreeing to work with a San Ramon divorce attorney, you want to make sure they are going to be an ideal fit for your specific case. Getting an accurate picture of the law firm will help make sure you make an informed decision. At Rupprecht Law, we are happy to answer any questions you have about our firm and the services we have to offer.

Common questions that are asked about our firm include:

  • Are we a certified family law specialist? We specialize in handling divorce mediation cases, so you won’t have to worry about stressing over the case and who is going to get what in the proceedings.
  • Will I meet other attorneys who are working my case? You are more than welcome to speak with any of the team members handling your case.
  • Can I call you in case of an emergency? We work hard to return phone calls as quickly as we can to make sure you are never left out in the cold without answers.

Many people want to know how long it will take to resolve their case. We will go over strategies for coming to a resolution and work to handle your case in the shortest amount of time possible. Even though we may not be able to tell you exactly what is going to happen, we will provide you with insight to help you understand the process involved. The team at Rupprecht Law will go through all of the specifics for financial repercussions and taxes surrounding your case.

When it comes to a San Ramon divorce attorney, we will discuss rates and retainer fees. If there are additional charges, we will discuss those with you as well. We will provide you with a pricing overview so you know what the divorce is going to cost you up front. If there is anything that can help keep the costs down, we will let you know what can be done. Our goal is to save you time, money and hassle in dealing with your divorce case.

What is a “No-Fault” Divorce in California?

California, a “no-fault” divorce means that a spouse may seek a divorce without proving that the other spouse did anything wrong. This differs from a fault divorce, where a spouse must prove wrongdoing, such as abuse, adultery or desertion. However, California is a purely “no-fault” divorce state, with divorces granted based on irreconcilable differences which led the marriage to break down. (http://www.nolo.com/legal-encyclopedia/california-divorce-32103.html)

Use of Fault Divorce in California

Because California only recognizes no-fault divorce in the state, alleged fault is only considered when a couple must divide property, arrange for custody or alimony is in question. Adultery, abuse or desertion are not used in granting the divorce, although all of those situations are considered irreconcilable differences.

Getting a No Fault Divorce

In order to obtain a no-fault divorce in California, the spouse or domestic partner must state that there are irreconcilable differences, or, simply, that the couple can no longer get along. The courts do not ask for details regarding those differences, and no proof is required by the court to explain the breakdown of the marriage. (http://www.courts.ca.gov/1032.htm)

Before No Fault Divorce Laws

In 1970, California was the second state to pass a no fault divorce law, following Oklahoma, which had passed a similar law in 1953. Before those laws were passed, a spouse had to prove that the other spouse did something wrong in order to be granted a divorce. In some cases, when proof could not be provided about wrongdoing, couples were denied a divorce, which led to changes in the law. (http://divorcessupport.about.com/od/maritalproblems/i/nofault_fault.htm)

Although California is a purely no-fault divorce state, they do allow for one instance when a spouse may be found at fault, and that is incurable insanity. In order to prove incurable insanity, the filing spouse must provide expert testimony regarding the other spouse’s mental state. Beyond that, anyone who chooses to divorce in California does not have to prove either spouse was at fault in the breakdown of the marriage. If you are considering a divorce in California, contact a qualified divorce attorney to learn what rights you have under the law.

How To Choose The Right Attorney

Going through a divorce can be quite painful. Fortunately, it will be a lot easier for you to get through your divorce if you have a qualified San Ramon Divorce attorney. Below are some tips for finding the right divorce attorney:

Do Research Online

You can instantly find information about divorce attorneys in your area. When you are researching online, you want to make sure that you look for someone who is board-certified in family law. In order to become board-certified, an attorney must have significant trial experience and pass a difficult test. They must also take continuing education courses. Generally speaking, attorneys who focus their practice on family law receive twice as much training as general practice lawyers.

You should also take the time to read some of the reviews from previous clients when you are researching online.

Ask Around

If you have a family member or friend in your area who went through a divorce, then you should ask him or her about good divorce attorneys. Why would you recommend this particular attorney? What are some of the attorney’s strengths and weakness? Do you feel like the attorney’s services were worth the amount of money that you paid?

Consider The Cost

The cost is definitely something that you should consider when choosing a San Ramon divorce attorney. Divorce attorneys can charge anywhere from $100 to $600 per hour. Your goal should be too pick the most qualified attorney whose price fits your budget.

Interview At Least Three Lawyers

Once you have narrowed down your choices, you should interview at least three lawyers. Does this lawyer seem competent enough to take on my case? Does he or she listen to my concerns? Do I feel comfortable trusting the lawyer with my case? Those are some of the questions that you should ask yourself after you have interviewed a potential San Ramon divorce attorney.

How to Deal with Finances While Going Through a Divorce

Getting divorced can be emotionally exhausting and have a significant impact on your finances. In an attempt to complete the legal proceedings as soon as possible, some people don’t consider the long-term consequences of agreeing to a financial settlement that may not suit their best interests. When you are going through a divorce, there are several ways you can avoid making costly financial mistakes.

Keep a copy of all financial records and documents. Collect the tiles and deeds for properties you own. Retrieve the last five years of tax returns and documents that verify other sources of income such as money in bank accounts, retirement funds, and investments. By carefully analyzing your income, assets, and debts, you will be able to calculate your net worth. Disclosing accurate financial records during the legal proceedings will make it easier to determine the appropriate amount for alimony and/or child support payments.

Even though every divorce is different, it is common for assets to be divided amongst the spouses. It’s usually difficult to divide property in a manner that provides each spouse with equal value. For instance, if the profits from selling a house are equally divided between the spouses, the amount of money each spouse retains may vary depending on tax laws and their respective financial situations. An experienced attorney and financial advisor can help you figure out the legal and tax implications with regards to any money you receive.

Update your financial and legal documents. You may need to change the beneficiaries listed on life insurance policies and remove the former spouse’s name from joint bank accounts and credit cards. You should also evaluate the insurance policies for vehicles, real property, and healthcare to ensure you have sufficient coverage.

Create a feasible budget for you and your family after the divorce. Your financial situation may change drastically even if you are receiving alimony, child support, and money from liquidated assets. If you purchase items you can’t afford, it will jeopardize your financial stability.

When people are going through a difficult time in their personal lives, they may be more susceptible to making financial decisions that are triggered by their emotions. In order to protect yourself, you need to be realistic about your current financial situation and the future. Think about your long-term goals with regards to saving money for retirement, your child’s college tuition, and family emergencies. Once you establish your financial goals for the future, you can successfully implement a plan that will protect you and your family.

5 Tips For An Organized Divorce

Divorce is a difficult topic to discuss, let alone actually go through. While the process will never feel completely simplified, staying organized may help you reach a favorable settlement and avoid the chaos that typically accompanies the dissolution of a marriage.

1. The first step to organizing your divorce is to hire an attorney. A San Ramon divorce attorney can help you determine what steps you need to take to make the most of your situation.

2. Save your money. This is not the time to make a big purchase, especially if there is a chance you will end up paying alimony or child support. This is the time to start cutting down on the big bills, getting rid of the extra cell phone and going without vacation for a few months.

3. Learn to take notes. You should be jotting down conversations anytime you talk with your attorney or your spouse. Keep everything in the same notebook with dates, times and method of communication so you have all the information you need. In addition, keep a calendar with important dates and to-do lists so that you will not forget.

4. Start keeping files. The more paperwork you accumulate, the higher your chances are of misplacing something. File everything in one place, preferably by date, and make copies of the most important documents to keep elsewhere.

5. Stop thinking about the immediate future and develop a long-term plan. It is imperative that you begin planning for the future, establishing small goals along the way. This will keep you motivated to keep everything in order.

With the help of a San Ramon divorce attorney, you can get through marriage dissolution. Organized paperwork, finances and notes will prevent you from making an error that cannot be corrected. The more organized you are, the better your attorney can be of assistance.

Prepare For Unexpected Challenges And Surprises

No divorce is ever the same, and even the most amicable and cordial marriage terminations can be wrought with complexities and unexpected problems. Property, children, alimony and child support as well as credit and bankruptcy are just a few examples of factors that can contribute to how a divorce is settled. It is very important that both parties seek the advice and guidance of an experienced and competent San Ramon divorce lawyer in order to ensure that their best interests are pursued through out the entire process.

The process of filing for divorce in California involves many important steps, and it is essential that clients are prepared. There will depositions and hearings, conferences, pre-trial settlement and mediation opportunities along with negotiations that involve the division of property and assets. Issues related to child custody custody and visitation along with alimony and child support are also items that need to be explicitly resolved.

Clients need to be represented by a San Ramon divorce lawyer who understands their rights as well as the long-term implications of decisions that are reached during the settlement process. This is true whether a divorce is amicable or a bitter struggle. No party should make decisions or offers without being advised by experienced counsel.

Keep in mind that feelings can change, attitudes may shift and emotions might flare up without warning. All of this can have serious implications on the settlement process, and it is often difficult to think objectively and clearly when so much is at stake. California divorce laws are intended to be fair to both parties and to allow for a clean break and a fresh start. However, the law is also open to interpretation, and it is very common for parties and their attorneys to use this to their advantage.

Never go through a divorce without the protection, guidance and advocacy that a tenacious and savvy San Ramon divorce lawyer can provide. Schedule a consultation by contacting Rupprecht Law today. Discover more about the process, what to expect and how our experience can help to protect your interests every step of the way.