Divorce Myth Busters

Divorcing from your husband or wife is no doubt a very painful and emotional decision.  You likely went into your marriage intending to be with your partner until ‘death do you part,’ so accepting that is not going to be the case this time can be a long process.  With all the untruths and myths surrounding divorce in California, we thought we would set you straight about a few of the biggest ones.

Myth 1: You can’t get divorced in California unless your spouse agrees to it.

While some religions might require you and your spouse to agree upon your divorce or legal separation, the law in California does not.  A divorce is a lawsuit, and you do not need the other person’s permission before you sue them.  Under California law, either spouse can seek a divorce with or without the consent or agreement of the other. There may be disagreements regarding the terms of the divorce and if you and your soon-to-be ex cannot agree to terms, the court ends up makes the decision for them.  This is one reason is it a good idea to hire an experienced divorce lawyer, so that you can make the decisions and not rely on the court.

Myth 2: It’s my fault because I cheated.

Once upon a time in California, there used to be a ‘fault’ divorce where a couple could only get a divorce because there spouse was cheating, or did something else ‘wrong.’  Today, while many sooon-to-be exes blame each other during the divorce process, California law does not require it. Couples are allowed to divorce without placing blame on one another.  With this “no fault” divorce system in place, any married person can ask a California court for a divorce without having to prove, or even allege, that their spouse did something to cause the divorce. Be forewarned: California courts may still consider fault grounds when deciding issues as they relate to your children.

Myth 3: You can’t get a divorce in California until you get a separation.

In California, you do not need to be physically or legally separated before you can get a divorce.  For more information on legal separations and divorce, contact a knowledgeable CA divorce lawyer.

Myth 4: I’m a man, so I won’t get custody of my child.

While California courts used to give child custody preferences to mothers, this is no longer the case.  The modern approach taken by the courts is to ensure the best interests of the children.  This means that courts usually prefer if parents come to their own agreement and child custody arrangements and give parents broad discretion in deciding what is best for their children. However, the courts can impose any custody order as long as it is in the child’s best interests, even if the parents do not ask for it or agree to it.

It’s important that you discuss your divorce options, including child custody issues, with an experienced California divorce lawyer.  The experienced lawyers at Foresight Legal Group will act as your advocates and do their best to make sure that you are protected during this emotional time.

For more information on divorce and child custody issues in California, follow us on Facebook or Twitter @ForesightLegal.

 

Divorce and Child Custody — What You Need To Know

Divorce is rarely easy, especially when there are children involved.  No parent wants to give up time with their kids and sometimes one spouse puts up a big fight over child custody just to be difficult.  An experienced divorce lawyer can help you through this.

Many California divorce cases commence with a battle over the custody of the minor children, with both parents pitted against each other for the parenting rights to their child or children. Traditionally, the mother was given total or a majority of custody.  However, more California courts are recognizing that fathers might be the more appropriate parent for the children to live with.

Here are four general arguments against shared parenting that your soon-to-be-ex will probably use:

(1) Custody should go to the historic “primary caretaker,” which most typically has been the mother;

(2) Children need a “stable environment” and therefore should not spend equalized time with both parents;

3) Children should not be exposed to post-divorce parental conflict; and

(4) Shared parenting is unworkable because it is not practicable if the parents do not reside in the same community.

If you want your children to live with you at least half of the time, you need to hire a skilled divorce lawyer.  The knowledgeable divorce lawyers at Foresight Legal Group can help you through every step of your divorce, from child custody to asset division.

Having a Baby? It’s Time to Update Your Will.

If you’re pregnant, or considering having a baby, you’ve probably heard how important it is for you to either write a will for the first time or re-write your existing will.  And if you’re like many people, you’re probably wondering why you need to wait to give birth to change your will or why changing your will immediately after you give birth needs to be such a priority.  An experienced wills and trusts attorney can help explain the answers to these very reasonable questions in detail.  In the meantime, here are a few reasons why updating your will to include your newborn is of the utmost importance.

First, you cannot update your will until after your baby is born because you need to explicitly name your beautiful child in the will.  However, before your child is born you need to consider naming a guardian for your child.  It’s a good idea to ask your child’s potential guardian if they feel comfortable accepting this role before you include them in your will.  Naming a guardian is especially important if, for some reason, you do not want your child’s living parent to obtain custody of your child in the case of your death.

Second, you want to make sure your assets go the individuals (family members, friends…) you want them to go to.  If you and a knowledgable estate law attorney properly structure your will, your assets will pass to these individuals.  Without a will, CA state law presides and certain family members and / or friends might not receive the assets you had designated to them.  More to the point, you want to be certain your child is protected and receives everything you want him or her to receive from your estate.

If you are pregnant or considering having a child, reach out to a knowledgeable estate planning attorney today.  The experienced attorneys at Foresight Legal Group are available online or by phone — contact them today!

Kim Kardashian Ties the Knot!

On Saturday, Kim Kardashian and now-husband Kris Humphries tied the knot in a lavish wedding ceremony at an estate in the gorgeous, exclusive community of Montecito, California.  Kim, 30 years old, was married once before.  Humphries, a 26 year old NBA player, has never been married.  The ceremony took place in front of 450 of Kim and Kris’ closest friends and family.  Kim, who’s father Robert Kardashian passed away several years back, was walked down the aisle by her step-father Bruce Jenner.

Kim and Kris dated for about 8 months before they got married.  Kris proposed to Kim with a 20 carat diamond ring, which some believe Kim paid for herself by working out a publicity deal.  Makes sense because although Kris earns around $3 million a year playing basketball, the ring is worth an estimated $2 million.

Although it was her second wedding, Kim walked down the aisle in a white Vera Wang dress and wore a jeweled head band.  Kris wore a white tuxedo and the wedding colors were a very chic black and white.  For a short video of the Kris and Kim wedding, click here.

The couple is rumored to have signed a prenup before their big day.  Kris is estimated to be worth $8 million and Kim $35 million, so protecting their individual and pre-marital assets would have been a wise decision on both ends.  No matter what your net worth, signing a prenuptial agreement before your wedding is generally a good idea.  A properly written prenup will protect you in the case of divorce or, sadly, your partner’s death.  The family law attorneys at Foresight Legal Group can help you write the right prenup for you and your spouse-to-be.

For more information on prenup and post-nups, call or instant message one of the experienced family law attorneys at Foresight Legal Group today.

Celebrity Divorce News: Real Housewives’ Star’s Estranged Husband Found Dead

In sad celebrity divorce news, Russell Armstrong — the almost ex-husband of Real Housewives of Beverly Hills star Taylor Armstrong — took his own life on Monday.  Sources say that Real Housewife Taylor was the person who found her estranged husband.  She had plans to meet up with Russell Monday evening and when he didn’t show up or answer any of her phone calls, she drove to his house where she discovered that he had ended his life through suicide.

While the Real Housewives of Beverly Hills star Taylor Armstrong, who has shared that she was a victim of domestic violence as a child, admitted a few weeks ago that her split earlier this month from ex-husband Russell Armstrong was prompted by ongoing physical and verbal abuse at the hands of her ex-spouse (Domestic violence is never acceptable.  If you are the victim of domestic violence, you can find support here.), sources are not certain this was what drove Russell to take his own life.  He was also supposedly struggling financially, filing for bankruptcy in 2005, and more recently telling interviewers that he was under financial stress.

Divorce can be a very difficult, sad time for both parties and children, if they are involved.  If you are considering a divorce or legal separation, it is important that you find an attorney who will understand your struggle and try to minimize any potential hardship for you and your family.  The Foresight Legal Group has counseled many individuals through the divorce process and will show you the compassion and guidance you will need during this trying time.  You do not have to go through divorce alone.  Reach out to the knowledgeable family law attorneys at Foresight Legal Group today.