Macksoud & Macksoud, LLPFindLaw IM Template2024-03-18T15:30:09Zhttps://www.macksoud-law.com/feed/atom/WordPress/wp-content/uploads/sites/1201102/2019/09/cropped-512-32x32.pngOn Behalf of Macksoud Macksoud & Davis, LLPhttps://www.macksoud-law.com/?p=477292024-03-15T15:39:00Z2024-03-18T15:30:09ZMortgages and divorce
In reality, there are typically only a few limited options for divorcing spouses who find themselves in this situation.
The first and probably the easiest option for divorcing couples is to sell the home and split the profit.
However, our readers in California probably know that in today’s real estate climate that option could be easier said than done. The once red-hot housing market has cooled over the past few years, and selling property isn’t easy these days, and of course there may be sentimental and logistical elements to consider with this option.
Another option is for one of the spouses to keep the home and, most likely, refinance the mortgage in their name only. However, the cost of this option can be prohibitive, especially with today’s higher interest rates.
Yet another option could prove more complicated: keeping the property as a jointly-owned asset by the divorced parties even in post-divorce life, and using the property as an investment.
This might be workable if the divorcing spouses are somewhat amicable but, in many divorce cases, that isn’t true.
Ultimately, finding a solution for dealing with the family home and mortgage is never easy, and recent events have made it more difficult. Homeowners going through a divorce should thoroughly examine all their property division options.]]>On Behalf of Macksoud Macksoud & Davis, LLPhttps://www.macksoud-law.com/?p=477282024-03-04T17:06:05Z2024-03-04T17:06:05ZWhat is a post-nuptial agreement?
A post-nuptial agreement is a written, legally binding document that states how assets will be divided in a divorce and details the terms of any other financial decisions, such as alimony.
There are benefits and drawbacks to a post-nuptial agreement. You and your spouse are older and likely more mature than you were when you got married. This leaves you in a better position to make these types of decisions.
Since you are already married, you have the advantage of time to thoroughly discuss the terms of the post-nuptial agreement. You both also have an idea of each other’s financial situations and how they are likely to change in the future.
However, it is natural to feel that a post-nuptial agreement means that you are more likely to divorce.
Do not sign the agreement until you are ready
A post-nuptial agreement might still be the best financial decision for you, but do not agree to anything or sign it until you are truly comfortable with it. Consider talking through your feelings with a counselor or your spouse.
Negotiating the terms of a post-nuptial agreement may cause problems in your marriage you did not realize you were there. You may discover you have different opinions on finances, particularly if one spouse is better off financially than the other.
Courts tend to scrutinize the terms of post-nuptial agreements. The agreement is meant to be fair to both spouses, so if you end up divorcing and are unhappy with the terms, you can ask a court to modify or remove them.]]>On Behalf of Macksoud Macksoud & Davis, LLPhttps://www.macksoud-law.com/?p=477272024-02-16T16:55:44Z2024-02-16T16:55:44Zprove that you are a fit and loving parent capable of providing a safe environment for your children.
Domestic violence impact on child custody in California
Courts require proof of habitual and continual substance abuse. Accusations alone are insufficient. The court evaluates testimony credibility and considers the overall context. If substance abuse affects parenting abilities, the court may order supervised visitation, drug testing, treatment programs, attendance at support group meetings or other measures.
Protecting your parental rights
Take accusations seriously, gather evidence and challenge false claims. Cooperate with court orders. Adhere to restraining or protective orders, complete required programs or classes, submit to drug testing and follow visitation schedules. Follow court-ordered interventions, counseling, or education programs. And, attend scheduled visitations, be supportive and respectful, avoid further incidents and seek professional help if needed.
Facing accusations of domestic violence or substance abuse does not automatically jeopardize your parental rights. By taking legal action, cooperating with court orders and demonstrating a commitment to change, you can prove your fitness as a parent and safeguard your relationship with your children.]]>On Behalf of Macksoud Macksoud & Davis, LLPhttps://www.macksoud-law.com/?p=477262024-01-30T16:07:33Z2024-01-30T16:07:33Zcommunity property laws of California. Basically, this means the value of the home gets split 50/50 between the spouses. There are exceptions to this that depend on each person’s individual circumstances.
Practically speaking, the couple might disagree about what should happen to the home. Often, both parties may want to remain in it.
There are tradeoffs to either option. The person who chooses to leave the home will likely have to find another place to live. On the other hand, the person who keeps the home ordinarily will be responsible for its upkeep and for continuing to pay for it.
Whether to fight for the family home depends on a person’s situation
If a couple cannot agree on how to do it, the court will decide how to divide the home. One option is always just to sell the home and divide the proceeds, although this may not be an attractive alternative.
Whether someone should fight to keep the family home depends on their financial situation as well as their personal and family goals. Here are some general financial questions people should ask themselves:
Will I be able to afford, taxes, insurance, maintenance and mortgage payments?
Am I able to arrange to pay back my ex-spouse for their share? Am I willing and able to trade off other property?
Would I be able to re-finance the house to get my ex-spouse’s name off the mortgage?
When might I want to sell the home, and how much might it be worth at that time? On a related point, will there be tax consequences if I sell the home later?
Would I find better financial and other opportunities if I moved?
Of course, there are also many personal and legal considerations involved in this decision. A parent with minor children, for example, might be reluctant to give up the family home. Legally, it may be a good idea for a spouse to discuss with an experienced legal professional about their options and possible outcomes.]]>On Behalf of Macksoud Macksoud & Davis, LLPhttps://www.macksoud-law.com/?p=477252024-01-19T16:21:30Z2024-01-19T16:21:30ZEstablishing paternity
In California, paternity can be established voluntarily through a form that both parents sign at the hospital where the child is born or at a local child support agency. It legally establishes paternity. If the parents are married when the child is born, the husband is presumed to be the father, but he can challenge this.
One or both parents can also file a petition with the court to establish paternity, which may require a genetic test. If the genetic tests proves that the man is the child’s father, it gives him certain rights and responsibilities.
Financial support and benefits
Once paternity is established, the child will have the right to receive financial support from their father. This includes child support and access to benefits like social security and health insurance. Child support is intended to provide for the child’s needs like living expenses and education.
It allows the child to know part of their biological makeup, including whether they may be predisposed to certain genetic or medical conditions in the future. Paternity allows the child to have a sense of emotional well-being and stability within their family too.
The established father can also petition for custody or visitation with the child. Legal custody allows the father to make important decisions for the child and physical custody allows the child to reside with their father. Both legal and physical custody can be shared between the parents.]]>On Behalf of Macksoud Macksoud & Davis, LLPhttps://www.macksoud-law.com/?p=477242024-01-05T15:29:12Z2024-01-04T15:22:47ZHow to deal with a compulsive liar during your divorce
If you find that your spouse continues to lie during your divorce, be prepared to set the record straight. Letting your spouse get away with falsehoods could taint the court’s perception of you and your marriage, thereby leading to a bad outcome.
But how do you get a handle on your spouse’s lying during your divorce? Here are some tips for doing so:
Gather evidence, such as financial records and witness statements that contradict your spouse and paints a clear picture of your circumstances.
Depose your spouse so that you lock them into their statements and can highlight for the court any inconsistencies in your spouse’s accounting of events.
Secure experts who can give an unbiased and skilled opinion on key matters such as forensic accounting, mental health, and asset valuation.
Request a child custody evaluation so that the court has access to a comprehensive report generated by a neutral party.
Only communicate with your spouse in writing so that they can’t try to wiggle out from under the statements they’ve made to you.
Take control of your divorce
When a spouse lies during marriage dissolution, it can feel like the entire process is getting away from you. But it doesn’t have to be that way. Instead, you can diligently work to develop sound legal strategies aimed at reclaiming control over your future.]]>On Behalf of Macksoud Macksoud & Davis, LLPhttps://www.macksoud-law.com/?p=477232024-01-02T22:32:31Z2024-01-01T22:30:42Zalternative dispute resolution methods, such as mediation, to resolve your custody matter and still be unsuccessful. Custody litigation might be your only option.
As part of this process, the court may appoint a guardian ad litem. This is an attorney who serves as a third-party. The guardian ad litem represents the best interest of your children, not you or your co-parent.
Why courts might appoint a guardian ad litem
Guardian ad litem’s are not appointed in all custody cases that cannot be resolved. They are more likely to be appointed in cases involving suspected child abuse, a child whose wishes are an important factor in the case or a child demonstrating at-risk behavior.
A guardian ad litem’s role is meant to be temporary. Their appointment ends when your custody matter is resolved, either through an agreement or an order by a court.
After the court appoints your guardian ad litem, an investigation begins. The guardian ad litem typically interviews you and your co-parent separately, as well as the children involved.
The guardian ad litem will interview your children
Interviews with children are usually conducted outside the presence of either parent. The purpose behind this is to encourage honesty and openness in the children and reduce the chance that any statements by the children are influenced or coerced by a parent.
You should cooperate with your guardian ad litem and maintain a respectful relationship with them. This is not only best for your children and an appropriate way to behave but could impact the guardian ad litem’s ultimate custody recommendation.
In addition to interviews, the guardian ad litem may visit the homes of you and your co-parents or speak with other family members or teachers. They may review records, such as the children’s school records or you and your co-parent’s criminal and employment records.
Once the investigation is complete, the guardian ad litem submits a written recommendation to the custody court. The recommendation is based on the factors a court uses when making custody decisions.
The recommendation is typically detailed, addressing each factor in turn and how it applies to the information gained in the investigation.
Although it is not a requirement, courts usually make custody decisions based on a guardian ad litem’s recommendation.
Never lie to the guardian ad litem
This is why it is important to cooperate with the guardian ad litem. Be honest when answering their questions. Evidence that you lied to them can result in an unfavorable custody decision for you.
The idea of another person deciding what is best for you and your children can be scary and cause you to feel even more stress over the entire process. Having someone on your side to advocate for you can make sure your rights as a parent are protected and your voice is heard.]]>On Behalf of Macksoud Macksoud & Davis, LLPhttps://www.macksoud-law.com/?p=477142023-12-21T16:49:19Z2023-12-19T15:48:03ZThe rankings
The report by Forbes Advisor looked at the cost of divorce in the 50 states and Washington, D.C., and ranked them according to a number of factors, including cost of living, divorce filing fees, attorney costs and more. The researchers then compared these costs to the median income of a married household in the state.
California topped the list, with the cost of divorce at 8.03% of the median household income for a married couple.
In many ways, the results are to be expected. In addition to California, the Top Five is made up of New York, Oregon, Massachusetts and Alaska. These are all states where the cost of living is high and residents end up paying more for many things. By the same token, the states where divorce is least expensive include Kansas, Nebraska, Iowa and other places where the cost of living is relatively low compared to the coastal states.
However, there are some surprises in the rankings. Florida, which attracts a lot of retirees and others seeking a lower cost of living, was also in the Top 10 most expensive states for divorce. Meanwhile, Washington, D.C., where the cost of living is high, didn't even make the Top 20 most expensive places to get a divorce.
Be careful
If you're a California resident who is considering divorce, don't let these numbers discourage you too much. The 8.03% number for California isn't really all that much higher than the 6.21% number for Kansas.
Still, the costs of divorce can serve as a reminder to pay close attention to your finances throughout the property division process. You may be in a hurry to get on with your life, but you will need to make sure you have the resources you need as you start your next chapter.]]>On Behalf of Macksoud Macksoud & Davis, LLPhttps://www.macksoud-law.com/?p=477222023-12-29T19:24:43Z2023-12-05T19:23:12Zpreclude the other party from doing certain things through a Standard Family Law Restraining Order. It is important to understand and follow the order.
The order prevents specific actions
With a Standard Family Law Restraining Order, the parties are prevented from taking steps with money and property; altering insurance; and removing children from the state. These are foundational issues in a divorce and the document is in place to try and avoid escalating disagreements by establishing parameters.
Finances will frequently be up for dispute in a divorce. For example, once the divorce is underway, a person could try to accrue money for themselves by borrowing against property. A home equity loan is an example. They can also run up debt that both sides would be responsible for. The order is meant to prevent that.
In a marriage, couples commonly have insurance policies with the other as a beneficiary. This cannot be changed once the order is received. That is also true for medical coverage, auto insurance, disability benefits and more.
Regarding children, there might be fear that a parent is going to take the child from the state or flee the country. With that, the order will stop them from leaving the state or seeking a new or replacement passport without permission to do so either in written form from the other parent or through the court.
Know how a Standard Family Law Restraining Order can help
A Standard Family Law Restraining Order does not necessarily mean that the parties will take part in these actions, but it will provide layers of protection to avoid rising discord. This might seem to be an understated aspect of a divorce, but it is important as the case proceeds because it provides clarity and protection with children, finances and other matters. It can be a vital component of a family law case and should not be ignored.]]>On Behalf of Macksoud Macksoud & Davis, LLPhttps://www.macksoud-law.com/?p=477212023-12-29T19:19:13Z2023-11-17T19:17:51Zclearly states how the child is shared between the parents. This is particularly important when there is a chance a parent will refuse to adhere to the order.
Failure to follow an order is the foundation for custody disputes
Even if parents enter the agreement willingly and with the intention of following it, problems can arise. If they escalate and the parents are no longer following the custody and parenting time order, it can lead to a return to court, attempts to enforce or change the order and a rise of tension and cost.
A well-detailed order can make sure that the parents know exactly how the custody and parenting time arrangement is meant to go. It keeps misunderstandings to a minimum, says what the parents are expected to do and makes enforcement easier.
For example, if a non-custodial parent expects to have the child at a specific time and is waiting for the drop off, but the custodial parent does not arrive or refuses to adhere to the order, the documented parenting plan can show what was supposed to have occurred. Violations will be recorded and can be used to either ensure the order is followed in the future or to justify changes.
There are options when the order is not followed and the parents cannot discuss it and come to a workable solution. That includes calling law enforcement or the district attorney; trying to hold the other parent in contempt of court; or modifying the order entirely.
Parents should go through the proper legal channels
A frequent mistake parents make when there is a custody dispute is to take matters into their own hands, ignore the order and worry about the consequences later. This is generally a mistake. Having a clear and outlined custody arrangement can ease the process.]]>