Gumm & Green, LLP, Attorneys at LawGumm & Green, LLP Attorneys At Law | Westlake Village, California Lawyers2024-02-09T22:03:42Zhttps://www.gummandgreen.com/feed/atom/WordPress/wp-content/uploads/sites/1302374/2019/10/apple-touch-icon-75x75.pngOn Behalf of Gumm & Green, LLP, Attorneys at Lawhttps://www.gummandgreen.com/?p=485922024-02-07T22:04:58Z2024-02-09T22:03:42Zmarriage dissolution.
If you don’t know how California law applies to your set of circumstances, then you’ll be at a disadvantage as you navigate your divorce, and the uncertainty of it all can leave you riddled with stress. We hope that you don’t have to face either of those realities. That’s why we wanted to highlight some interesting and unique aspects of California divorces, such as the following:
California’s waiting period: Even if you’re convinced that divorce is right for you, the process can’t be immediately wrapped up. Under California law there’s a six-month waiting period. This means that once the divorce petition is filed, an entire six-months must pass before the marriage dissolution can be finalized. During this time, you and your spouse can try to negotiate resolution on key divorce legal issues like property division, child custody, and spousal support.
California is a no-fault state: Unlike some states, California doesn’t require you to prove that your spouse did something wrong to proceed with divorce. You can file for divorce if you simply want to dissolve your marriage. When this is the case, it’s easiest to cite irreconcilable differences when filing your divorce petition.
Residency requirements: Before you file for divorce, you have to demonstrate that you meet residency requirements. This means that you or your spouse have lived in the state for at least the last six months, and you must’ve resided in the county where you’re filing for at least the last three months. However, legal separation can be sought as soon as you or your spouse moves to California.
California recognizes community property: As we discussed previously on the blog, California is a community property state, meaning that marital assets are distributed equally, unlike in an equitable distribution state where marital assets are divided fairly but not necessarily equally. This presents unique challenges when it comes to negotiating and litigating property division.
There are other nuances that are specific to California, touching on issues from financial disclosure to spousal support and child custody. You need to competently navigate these issues if you want to protect your interests and your future. So, before heading into your divorce, be sure to understand what the process entails and where you need to focus your efforts.
Are you ready to develop your divorce strategy?
Far too many Californians go into their divorce without a plan. This is dangerous. It could result in you losing out on several aspects of your divorce, which might leave you at a financial disadvantage when all is said and done.
Don’t let that happen to you. Instead, take the time needed to craft a compelling divorce strategy that seeks to protect you and your children. If you don’t know where to start in doing that, don’t worry. You can browse our website and reach out to those you trust to learn more about the process and what you can do to position yourself for success.]]>On Behalf of Gumm & Green, LLP, Attorneys at Lawhttps://www.gummandgreen.com/?p=485912023-12-12T18:32:12Z2023-12-08T18:30:04Zcommon denominators. Knowing them beforehand can help with being prepared and avoiding the pitfalls others have faced.
Gray divorce has unique challenges
In the past, people who were 50 and older and were unsatisfied with their marriage might have simply stayed together with their spouse and made the best of it. Today, people are living longer and having a better quality of life into their 70s and 80s. This is believed to be a part of why there has been a spike in gray divorce. Still, there are considerations to assess when starting the process.
Property and asset division is part of every divorce. For older people who are approaching retirement, they tend to have items they have accrued over the years. That could be real estate, collectibles, automobiles, investment accounts and retirement accounts. Not everyone who is getting a gray divorce can afford to part ways with their spouse and not have a job. Sharing property and assets can be crucial to making ends meet.
A marital home could need to be sold and the proceeds split. In California, with the law dictating that marital property be shared equally, it can be important to maximize the value of property that is to be sold. In some cases, the retirement account will need to be shared even if only one person was the breadwinner. That is particularly true with an IRA that was opened while the couple was married. Since splitting retirement accounts can be complicated, it could be preferable to compromise or trade property to avoid this difficult issue.
Health care coverage is a worry at any age, but for older people who tend to need it more frequently, it is something to think about. Even if the person is approaching the age at which they will receive Medicare, they could have a few years where they need to be prepared. COBRA is an option where they can stay on the other person’s insurance for a set time. Health insurance might be something to factor in as part of a support order.
Many older couples were not dual-income as is common today. Even if a person worked, they could be limited in skills and education to get a job and support themselves in the current economy. For homemakers who were caring for children and running the household while the spouse worked, the support payments are essential. In some cases, the person does have marketable skills, but needs time to refresh their education and burnish their credentials. This can be addressed in the order.
People getting a gray divorce should be protected
Regardless of the perspective, those who are getting a gray divorce need to understand how this type of case differs from a divorce in which younger people are involved and prepare for every eventuality. This generally focuses on property division and spousal support. In some instances, there are still minors living in the home or the people care for grandchildren. This too should be assessed. Knowing the specific issues that come up in a gray divorce is a first step to being ready and reaching an acceptable resolution whether that is by negotiation or by going to court.]]>On Behalf of Gumm & Green, LLP, Attorneys at Lawhttps://www.gummandgreen.com/?p=485902023-10-17T18:28:40Z2023-10-09T16:28:13Zjoint custody have been trying a different approach: Instead of having their child shuttle back and forth between two homes, the child stays in one home and the parents take turns living with them. This "nest," can be in the same home the family shared before the breakup, or it can be in a new
This arrangement is commonly known as "nesting" or "bird nesting." Its proponents say it minimizes the disruptive effects of a divorce on children's lives and provides them with a more stable environment.
Downsides of nesting
There are some serious downsides to nesting, as well.
First, and perhaps most obviously, is the cost. It's expensive enough to go from sharing one family home to two, but nesting means the family must keep three homes: one for the child, and one for each parent.
Nesting can lead to confusion with regard to child support, as well. California courts craft their child support orders based partly on how much time each parent spends living with their child. It may take a little creative thinking to craft an order that fits a nesting situation.
And of course, nesting may be easier on the child in many ways when compared to shuttling between two homes, but it can be logistically and emotionally harder on the parents.
For these and other reasons, some sources recommend nesting only for special situations, such as those involving a child with physical or mental disabilities. Some recommend relying on a nesting situation only for a limited amount of time, such as during the separation period before the divorce is finalized.
Still, if you're considering nesting as an option, you're the person who knows your child, yourself and your ex the best, and you are in the best position to decide what is right for your case. Professionals with experience in child custody can help you weigh your options.]]>On Behalf of Gumm & Green, LLP, Attorneys at Lawhttps://www.gummandgreen.com/?p=485832023-08-02T15:10:24Z2023-08-09T15:09:01Zfollows a community property model when it comes to divorce. This means that property acquired by you and your spouse during your marriage is equally owned by each of you.
Identifying and valuing property
When you start the property division in your divorce, you and your spouse will both be asked to list all of your assets and debts. Any that were acquired prior to your marriage are separate property and not subject to division.
You must then assign a value to each asset. You can agree on a value with your spouse, but if you do not agree, you must hire an appraiser. You can use the same appraiser, or each choose your own appraiser.
As you can imagine, things can become complicated if each appraiser comes back with different values. You can agree on one of the values, decide on your own value or let the court decide which value to assign.
Dividing your property
Once your assets and debts are assigned and valued, the property division process begins. Since the community property law assumes that you both have an equal right to community property, what happens if you both want an item of community property, such as a house?
Usually, the spouse who receives the house must pay the other spouse a sum equal to half the value of the property. If your house is valued at $500,000 and you receive the house, you now have a $500,000 asset. An equal outcome would then require you to pay your spouse $250,000.
You and your spouse are always free to come up with your own agreement as to how your property will be split. However, if you cannot do that, the court will divide it according to community property law, which generally means a 50/50 split.
What is not considered community property
There are some exceptions to the community property law. Gifts or inheritances are separate property and not community property that must be divided with your spouse.
However, separate property that mixes with community property becomes community property.
For example, if you received an inheritance prior to marriage and placed it in a separate bank account, but then transferred the inheritance into a joint bank account during the marriage, the inheritance money is likely now considered community property.
Property that is acquired while you are married but after you separate is also separate property. This is why determining an accurate date of separation is important.
These rules may sound complex, but their purpose is to allow you and your spouse to separate your lives while still maintaining financial stability. It is important to know how the community property law impacts your specific situation to achieve the best outcome.]]>On Behalf of Gumm & Green, LLP, Attorneys at Lawhttps://www.gummandgreen.com/?p=485822023-05-15T15:22:22Z2023-06-12T15:19:50ZThe most common causes of divorce in California
There can be a lot of factors that contribute to divorce. However, there are some similarities among many divorce seekers. This includes the following common reasons for divorces in California:
Infidelity: Adultery can ruin your marriage in quick order. It devastates any trust that you and your spouse have in each other, which can be difficult if not impossible to rebuild, even with marriage counseling. That’s why this is one of the most common reasons for divorce.
Money problems: Financial instability can lead to marital conflict. Spouses can get into ongoing arguments about how to spend marital assets, and differing financial priorities can just make things worse. When common ground can’t be found on these matters, then divorce is oftentimes on the horizon, especially when one spouse mismanages money or the spouses disagree on how to get a handle on debt.
Communication issues: Without effective communication, having a positive relationship with your spouse can be tough. In many instances, the quality of communication between spouses deteriorates over time, which can create conflict or a lack of connectedness. Those who feel like they can’t even talk to their spouse often turn to divorce as a way to remedy the issue.
Changed priorities: The things that are important to us change over time. This is especially true for couples whose children leave the home. These empty nesters might try to find new interests, and their priorities can certainly change. When these interests don’t align with their spouse’s, then discontentment can arise, and a couple might find that they no longer have anything in common. This can lead to a lack of cohesion and connectedness in the marriage, which can result in divorce.
Domestic violence: If you’re in a marriage where domestic violence is present, then you’re not safe. You’re not the only one facing this situation, either. Thousands of Californians find themselves trapped in these dangerous relationships. So, if you’re being physically, emotionally, or psychologically abused, then you need to find a way out of your marriage. While divorce can be a viable option, you need to make sure that you do so carefully.
Loss of interest: Sometimes spouses simply grow disinterested with each other over time. When this happens, divorce can seem like a good option for reinvigorating your life. Of course, if your spouse views your marriage as boring but you don’t, then you might be shocked to find out that your spouse wants a divorce.
Lack of intimacy: If your marriage loses mental, emotional, and physical intimacy, then you might grow to feel like you’re simply living with a roommate. Under these circumstances, you can feel trapped in a meaningless relationship. But you don’t have to be. Divorce can give you an out.
Are you ready to end your marriage?
If after reflecting on these common causes of divorce you feel like it’s time to dissolve your marriage, then you need to learn more about what you can do to make the process easier and more successful. After all, the outcome of your divorce can dictate what your post-divorce life will look like for years to come, and the amount of contention in your divorce can impact any co-parenting relationship that you might need to maintain.
Therefore, before moving forward with your divorce, you should ensure that you have a strong marriage dissolution strategy. Once you do, you’ll be able to confidently navigate the process while protecting your interests to the f]]>On Behalf of Gumm & Green, LLP, Attorneys at Lawhttps://www.gummandgreen.com/?p=485812023-03-31T05:49:04Z2023-04-11T08:01:38ZWhat is parental alienation?
Parental alienation is a tactic, which some parents use to try to create a discord between their child and that child’s other parent. By doing so, the manipulating parent then positions themselves to be the “favorite” parent, and they can use their child’s behavior toward the alienated parent to seek a custody modification that further restricts the alienated parent’s access to the child.
How does parental alienation occur?
There are a lot of manipulative behaviors that can lead to parental alienation. This includes:
Sharing intimate details about the parent’s marriage with the child
Lying to the child about things that the other parent has said and done
Cutting off the other parent’s ability to have direct communication with the child
Keeping the other parent uninformed about the child’s extracurricular activities
Making the child believe that they’ve been the victim of abuse or neglect perpetrated upon them by the other parent
These are just some of the ways that manipulation and parental alienation can occur. Parents who engage in alienating behavior can be creative, though, so you’ll need to be diligent as you assess the facts of your case to determine if alienation is actually occurring.
How can you spot signs of alienation?
Your child might exhibit a number of symptoms of alienation. This includes:
Unwarranted and unjustified criticism of you
Harshness direct not only at you, but also at your extended family
The use of language that seems borrowed or is otherwise out of character for your child’s speech
A belief that falsified events are true or events occurred in a way that is out of touch with reality
Unwavering support for the other parent
In many instances, the child’s behavior will change rather suddenly, but this isn’t always the case. Sometimes parents don’t pick up on alienation because the change is so gradual that it’s hard to see over time until the damage has already been done. Just do your best to remain observant.
What can you do about alienation?
Fortunately, California courts are becoming more receptive to arguments about parental alienation. You just have to make sure that you have strong legal arguments on your side when you pursue your own child custody modification. This might include testimony from a therapist or other mental health professional, as well as that of an expert in the realm of parental alienation. Your own testimony and the accounts of family and friends can prove helpful, too.
While you’ll certainly want to figure out how to protect your child and your relationship with them from a legal standpoint, you’re also going to have to rebuild your relationship with your child. Having open and honest conversations with your child might be beneficial, but many alienated parents find this hard to do. That’s why many choose to work collaboratively with a mental health professional who is experienced in dealing with matters pertaining to parental alienation.
Now is the time to take action
Don’t wait to respond to parental alienation. After all, your child is being harmed by their other parent’s actions. If you’re ready to take action to bring that to a halt, then we encourage you to reach out to a legal team that knows how to aggressively argue these cases.
]]>On Behalf of Gumm & Green, LLP, Attorneys at Lawhttps://www.gummandgreen.com/?p=485792023-03-03T14:50:00Z2023-02-15T14:49:07ZHow do you go about arguing for support?
First, it’s important to note that you might not have to argue at all. You may be able to discuss the issue with your spouse and convince them to agree to a spousal support arrangement. They may be willing to do this, especially if they’re afraid of what taking the matter to court will do to them.
But even if you anticipate resolution, you should still be armed with evidence supporting not only your request for alimony, but also the amount that you’re seeking. Here are some tips for successfully seeking the support that you need:
Show your limited earnings capacity: Part of your alimony determination is going to be based on your inability to be self-sufficient. Therefore, you’ll want to be prepared to show the court that your earnings capacity is limited. This may be accomplished by showing your lack of work experience, education, and/or skills.
Demonstrate the sacrifices that you made: One way to show that you’re deserving of spousal support is to show the court the sacrifices that you made during your marriage. After all, showing that you gave up your career to stay home to take care of your children can go a long way toward showing what you missed out on by supporting your family. Another sacrifice that you might be able to show is giving up your own education to work to support your spouse while they got an advanced degree, especially if that higher education led to a better paying job.
Illustrate your marital standard of living: Remember, the court is going to try to position you such that you enjoy the standard of living that you had during your marriage. Therefore, you’ll want to present everything you can to support a higher standard of living, whether that means proving that you drove nice cars, regularly ate out at nice restaurants, or frequently shopped for nice clothes.
Prove your spouse’s ability to pay: The court is only going to order spousal support if it’s confident that your spouse can afford it. Therefore, you’ll want to paint a clear picture of your spouse’s income and their earnings capacity.
Fight for the financial lifeline that you need and deserve
Spousal support can be a financial lifesaver as you try to get your post-divorce life in order. That’s why you need to be prepared to vigorously advocate for the outcome that protects your best interests.
Of course, this may mean being more aggressive than you’re comfortable with. But don’t let that daunt you. Instead, seek out the help that you need in the form of an experienced family law professional. By doing so, you may be able to proceed confidently with your spousal support request.]]>On Behalf of Gumm & Green, LLP, Attorneys at Lawhttps://www.gummandgreen.com/?p=485762022-12-09T18:30:08Z2022-12-14T18:27:17Zmake the divorce process easier on you and your children. Let’s look at some of the ways that you can do that:
Avoid speaking badly about the other parent: This is something that applies to adult children just as much as it applies to younger kids. By sharing intimate details of your marriage and discussing your problems with the other parent, you relinquish your parental role in exchange for a peer role with your child. This can cause additional grief to your adult child. Not only are they losing their parent’s marriage, but they’re also, in a way, losing a parent. If you want to maintain that parent-child relationship, you should avoid disparaging the other parent.
Disallow role reversal: In many gray divorces, parents turn to their adult children for advice that is better suited for friends or even professionals. By asking your children for this guidance, you again remove yourself from your parental role, which can cause additional trauma to your child and actually leave you without the parent-child relationship that you want.
Allow your child to support the other parent: Gray divorces are often difficult for all parties involved. Remember that your child loves both parents. So, if the other parent needs additional support because they are isolating, feeling depressed or are otherwise presenting as distraught, allow your child to comfort them. If you make your child feel guilty about spending time with the other parent, your kid might end up avoiding you more so that they can avoid feeling guilt. You don’t want that to happen.
Set boundaries and explain them: Your child might not know how to respond to your divorce. As a result, your child may try to overstep the parent-child relationship to support you in a way that you should be seeking out elsewhere. It’s okay to tell your child that you both need to respect the parent-child relationship and that you don’t want to talk about the details of your marriage and divorce with them. These boundaries will protect your child’s emotional well-being and your relationship with them.
There are other things that you can do to make your gray divorce easier on you and your children. You just need to take a step back and view the situation from as objective of a standpoint as you can. We know that can be difficult to do, though, which is why you may want to include a therapist and an attorney in your support network as you navigate your divorce.
How an attorney can help you with your case
You have a lot to think about as you navigate your gray divorce. And we know that the emotional realities of your situation can be overwhelming. But an attorney can step in to help you navigate the complexities of your divorce. A legal professional can assist you in developing a property division negotiation strategy and can craft the compelling arguments that you need to address spousal support arguments in court.
By securing this legal guidance, you may stand a better chance of securing the outcome that you want and moving on to the next chapter of your life in a financially and emotionally healthy manner.]]>On Behalf of Gumm & Green, LLP, Attorneys at Lawhttps://www.gummandgreen.com/?p=485742022-10-19T18:17:36Z2022-10-13T18:16:14Zhow to prevent the child from being manipulated by a narcissistic co-parent.
Recognizing and combating narcissistic co-parent behaviors
A parent should be attentive to attempts on the part of a narcissistic co-parent to sabotage the parent-child relationship. Since children naturally attach themselves to a parent, acts that cast doubt on that attachment are problematic. The child starts out in life with a caregiver and they are linked in various ways through all senses. The type of response the child gets from the parent will determine what type of attachment—secure or insecure—they have.
With a secure attachment, the child’s needs are met. An insecure attachment means their needs are not always being met. Regardless, when there is any form of attachment, it could be exploited by the narcissist. They might blame the other parent for ending the marriage in front of the child and categorize themselves as having been wronged. With the attachment, the child wants to provide protection sparking a rift between the child and the other parent.
A second way the narcissist will damage the relationship is by becoming the child’s emotional outlet. They might make sure to be affectionate to the child, giving them the care they need. Once the child is feeling safe and shielded, the narcissistic parent can find reasons to speak negatively and make the child feel shame as if they are no longer getting that same feeling of love and it is their fault.
A parent who notices this pattern of behavior from a narcissistic co-parent is advised to understand what they are witnessing and make sure to try and nip it in the bud. Instead of being upset with the child, recognizing the signs can deal with it effectively. That can be done by assuring the child that there is nothing to be ashamed of and they are protected. It can also help to speak directly to the other parent about what they are doing and put a stop to it.
Assistance that directly tackles the case itself is helpful in family law
Personalities inevitably get intertwined with a divorce proceeding. Rare is the case where the sides simply disagree over property, support, custody, parenting time and other factors and do not have lingering ill will. If there is a psychological issue with a spouse being narcissistic, this must be considered and addressed as part of the case.
Part of being prepared for a divorce case is understanding how to handle every possible eventuality. If the other party’s narcissism is causing a rift between a parent and child, it is imperative to take steps to mitigate it and protect that relationship without sabotaging the narcissistic spouse’s relationship with the child.
Caring and experienced guidance throughout the family law process can strive for workable solutions. This can be helpful to achieve a fresh start and prevent the other spouse’s issues from negatively impacting a parent-child dynamic.]]>On Behalf of Gumm & Green, LLP, Attorneys at Lawhttps://www.gummandgreen.com/?p=485722022-08-18T14:21:49Z2022-08-18T14:21:49ZWhy do you want to keep the house?
People have a variety of reasons for wanting to keep the family home in a divorce. If you have primary custody of your child, you may be hesitant to move the child away from their familiar abode. You may feel you invested a lot of financial resources or sweat equity into a very valuable asset and you are hesitant to let it go. Or, you may simply have a lot of memories in your home, giving the home a lot of sentimental value.
Can you afford to keep the house?
It is tempting to hang on to a home that has so much value to you. And while you and your spouse may have combined financial resources, making homeownership easy during your marriage, can you afford homeownership on a single income once you divorce?
Keep in mind that you will have to pay the mortgage, and possibly buy out the other spouse’s share in the home. You will have to pay homeowner’s insurance and property taxes. And there are the inevitable repairs and upkeep that come with owning a home. Ask yourself, can you afford all of this on your post-divorce income?
Try to think pragmatically about the family home
If you are divorcing, it can help to look at the family home from a pragmatic point of view when it comes to property division in a divorce. The family home is a very financially and emotionally valuable asset. You may believe that fighting for it is the right thing to do, or you may decide that it is simply too costly to keep the family home and you are willing to let it go. Either way, you will want to make sure you determine what is best for you based on your specific circumstances.]]>