On behalf of Stolar & Associates, A Professional Law Corporation posted in Family Law on Wednesday, May 22, 2013
California residents might be interested to hear that the traditional gender roles that have ruled marriage as well as divorce are beginning to shift. Traditionally, husbands were expected to be the breadwinners while the wives stayed at home and cared for the house and children. However, it is becoming more common for both spouses to work and even for some husbands to stay at home while the wife works. This makes it so that the issue of alimony in a divorce is treated differently as well.
Statistics show that nearly 40 percent of the wives who work earn more than their husbands. This makes it so that some women are being ordered to pay their ex-husbands alimony when they get a divorce rather than the other way around. Because of the de-gendering of marriage roles, divorce roles are becoming de-gendered as well. Some people even advocate for the dismissal of alimony altogether since the traditional reason alimony was designed is not present in many of today's marriages.
On behalf of Stolar & Associates, A Professional Law Corporation posted in Divorce on Thursday, May 16, 2013
During the process of divorce, California couples may be ordered to split cash and cash equivalents. Whether a life insurance policy is considered a cash equivalent and is subject to property division depends on a variety of factors, however. One of the main considerations is whether the state uses a community property system like California or if it uses a system of equitable distribution.
A community property state presumes that property or debt that one of the spouses acquired during the marriage belongs to both spouses. This presumption rules unless one of the spouses can show by clear and convincing evidence that this is not the case. A family court judge may order a spouse to cash in his or her insurance policy so that each spouse winds up with about half of the couple's assets. In equitable distribution states, judges may be less likely to make this ruling because the same presumption does not apply. Instead, a judge may allow one spouse to retain an insurance policy with a cash value and provide other assets to the other spouse in an equitable division of the property.
On behalf of Stolar & Associates, A Professional Law Corporation posted in Family Law on Friday, May 10, 2013
Los Angeles couples seeking divorce often run into the issue of how to handle outstanding credit card debts. The problem is tricky because one spouse may be primarily responsible for the debts, and the other might not feel responsible for them or might not even be aware of them. However, because California is a community property state, debt and community property are divided equally during a divorce, and spouses are presumed to be liable for debts incurred in the marriage. This means that creditors can pursue them even if the spouse had nothing to do with them.
During the divorce proceedings, each spouse should make clear to the judge what his or her role in incurring the debts was. If one spouse was spending money unknown to the other, the other spouse likely did not see any benefit from the spending, and the judge should take this into account when dividing the property and allocating liabilities.
On behalf of Stolar & Associates, A Professional Law Corporation posted in Divorce on Wednesday, May 1, 2013
Divorce can be a complicated process for California residents. When there are children involved, it is important for spouses to know how the divorce may affect the children and to be aware of ways to minimize the impact.
First, while it is often natural for each spouse to blame the other for the breakdown of the marriage, doing so may be detrimental to the children's health and well-being. There are many important decisions to be made during a divorce, but who is at fault is not one of them. It's not productive, and it ultimately does not make a difference since most divorces are no-fault. Some spouses will try to assign blame to save face, but ultimately, it can alienate the children and cause confusion.
On behalf of Stolar & Associates, A Professional Law Corporation posted in Domestic Violence on Friday, April 26, 2013
Californians who follow celebrity news may have heard that former rapper and reality television star Flavor Flav is on trial for allegedly threatening the teenage son of his partner of eight years during a domestic-violence dispute. The entertainer appeared in Las Vegas Justice Court recently for an evidence hearing to determine his role in the family altercation that reportedly involved threats with a butcher knife on Oct. 17, 2012.
The 17-year-old boy testified during the trial that the accused man chased him with a knife and thrust the weapon through a door after he ran to another room during the domestic violence dispute. He added that the man swore and threatened to kill him as he stood about 24 inches away still holding the weapon.
On behalf of Stolar & Associates, A Professional Law Corporation posted in Divorce on Friday, April 19, 2013
It used to be that men almost always ended up being responsible for alimony when a couple in California split up. However, as increasing numbers of women are surpassing men in education and earnings growth, they are also being expected to pay alimony when a couple gets a divorce. While this may be fair in terms of equitable distribution of assets, it is making some men and women uncomfortable.
Some men who have a partner that has a larger take home pay feel ill at ease with the idea of being supported by a woman following a divorce. However, while the number of men pitching in and helping with housework and child rearing has shown to increase stability in marriages, in a divorce, it can make men feel as if they are owed for their sacrifice. These men feel that if the situation were reversed, a woman would rightfully expect financial support for putting aside her career.
On behalf of Stolar & Associates, A Professional Law Corporation posted in Divorce on Thursday, April 11, 2013
When someone living in California is considering divorce, they may be torn between being the first to file and waiting for their spouse to make the first move. While people should attempt to save a marriage if possible, if it is beyond repair, it may be a good idea to be the first to file. The first individual who files for divorce has the advantage of choosing the venue where the divorce will be adjudicated, can prepare financially and also put together a legal team in advance.
If a couple is already separated, they may be in different states. Since each state has its own laws regarding child custody, spousal support and asset division, the first to file is able to choose where the divorce will be heard. This gives them the advantage of selecting the state that has laws most beneficial to them.
On behalf of Stolar & Associates, A Professional Law Corporation posted in Prenuptial Agreement on Friday, April 5, 2013
California residents may recall that the lawyers for Pilar Sanders argued that the prenuptial agreement she signed with Deion Sanders before their marriage was partially fraudulent. However, in the latest twist in the high-profile couple's nasty divorce, the court recently ruled that the document was valid. A court arbitrator who worked with both parties confirmed the validity of the prenuptial agreement.
The court's ruling seals the division of assets and property according to the guidelines already established by the paperwork between the soon-to-be divorced couple. In addition, the Collin County judge determined that Mr. Sanders no longer needs to pay child support since he was awarded sole conservatorship of the couple's two sons and joint conservatorship of their daughter. This means he can make decisions about the children's daily lives, where they live and attend school as well as what they do in their time outside of school. However, the court has the final say regarding a visitation schedule.
On behalf of Stolar & Associates, A Professional Law Corporation posted in Child Custody on Thursday, March 28, 2013
California residents may have hears that a 12-member jury recently awarded Deion Sanders full custody of two of his children and joint custody of a third. The decision regarding child custody came after two weeks of contentious testimony.
The jury ruled that Sanders should have sole conservatorship and custody of his two sons. It also ruled that Sanders should have joint conservatorship and custody of his daughter as well as decide where she will live. Matters related to visitation and child support have not yet been decided. Additionally, the couple is still battling over a prenuptial agreement.
On behalf of Stolar & Associates, A Professional Law Corporation posted in Domestic Violence on Monday, March 18, 2013
On March 6, President Obama signed the Violence Against Women Act into law, a new measure that revives protections that expired in 2011. The act also expands the earlier law, providing protections to gay and Native American victims of domestic violence throughout the country, including California. The original Violence Against Women Act was written and and sponsored in 1994 by Vice President Joe Biden.
Recently released domestic violence statistics from the United States Department of Justice reveal that rates have remained steady over the past five years, and have declined over the past 10 years. For example, 556,000 females reported rapes or sexual assault in the United States during 1995. By 2010, that number had dropped to 270,000. Reported incidents of domestic violence have decreased by two-thirds since 1994. It is believed that the act played a significant part. Referencing the statistics, Obama said that 20 percent of women could be raped at some point during their lives.
