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Divorce & Reconciliation: Here’s What You Need to Know

When couples legally agree on dissolving a marriage, a divorce takes place. However, it can also include parental challenges and a set of monetary, emotional, and legal issues. But the good news is that there are numerous legal ways to cope with such challenges. Reconciliation is also workable in most cases.

What Causes a Couple to Divorce?

When both individuals aren’t able to meet expectations, they part ways and no longer wish to be with each other. Divorce is the last resort for many couples. Often, couples choose to be separated for some time, or they plan to make it permanent by opting for a legal way out of the marriage.

Related: “Three Disputes Your Family Law Attorney Can Help With”

The 10 Most Common Reasons for Divorce

Here are some of the main reasons why couples consider divorce:

  1. Infidelity or an extramarital affair
  2. Trouble with finances
  3. Lack of communication
  4. Constant arguing
  5. Long distance relationship
  6. Unrealistic expectations
  7. Lack of intimacy
  8. Lack of equality
  9. Not being prepared for marriage
  10. Physical and emotional abuse

How Can a Couple Avoid Divorce?

You must never stay in a relationship that causes physical or emotional abuse and should get in touch with your local authorities and lawyer. However, if you’re in a relationship that can still be repaired, there are various possible ways to avoid legal dissolution and let a marriage survive. This includes consulting with a therapist or taking an online Save My Marriage course.

In today’s era, where divorce is “easier”, saving a marriage can take a lot of effort for both parties. In addition, if you are separated but still want to get back together after some time, chances are that it can happen with the right work and effort put into it by both sides.

Related: “Legal Separation vs. Divorce”

How Can Couples Reconcile After Divorce?

If you are planning to reconcile after divorce, here are some different possibilities that you can consider:

  1. Try to keep an open mind as you learn how to rekindle romance with your partner.
  2. Focus more on relearning how to live together with them in light of the changed situation.
  3. Improve your communication with each other and be transparent with your feelings.
  4. Be willing to accept the past and move forward.
  5. Try martial therapy with your partner.

Conclusion

To sum up, if you’re deciding whether to move forward or plan to get back together, it’s better to seek help from a professional divorce lawyer as soon as possible. With decades of professional experience, Family Law Richard E. Young & Associates is the best option. Contact our law firm today at (949) 951-9529 or visit our website for more information.

How to Set Up a Trust Fund?

Trust funds are an excellent way of providing a secure legacy to the next of kin and generations. When you set up a trust fund, you make a legal access way to transfer your wealth, properties, and assets to the person of your choice. It is basically a tool to outline an actionable plan on how finances will be distributed and managed after you pass. Keep on reading to learn how to set up a trust fund.

  • Define your goals for the trust.

It is imperative to understand why you are establishing a trust fund. With clarity of goals in mind, you will have a clear picture of what and how many assets you will be putting in the trust to provide financial security for your loved ones.

For example, you want to leave the house to your son and the gold jewelry to your daughter. You can also direct your fund to be used for specific reasons, like a college fund for your kids or a limited allowance from the fund.

  • Choose the type of trust you wish to establish.

There are different types of trusts that you can choose depending on your goals and requirements. Most trusts can be classified into one of two categories: revocable trusts and irrevocable trusts.

Revocable living trusts (RLTs) are the most common type of trust. They’re flexible and allow you (as the grantor) to make changes at any time, like adding or removing beneficiaries or changing the trust’s provisions.

Irrevocable trusts are more rigid. Once an irrevocable trust is created, it’s not simple to make changes, and the trust can’t easily be undone or canceled.

  • Select the terms of the trust.

Now that you have decided on the goals and the type of trust you want, it is time to establish the terms of the trust. Deciding the terms includes the following factors:

– Determining a trustee: A trustee will manage the trust and oversee the distribution of assets to your beneficiaries. Therefore, it’s essential to pick someone you trust who’s willing and able to serve.

– Deciding the distribution of assets: If your trust fund has multiple beneficiaries, dictate the terms of distribution so everyone receives a fair share according to your terms. You should clearly outline these distribution instructions in your trust documents.

– Setting conditions: Setting up provisions will ensure that the financial means reach the beneficiaries when you believe the time is right for them. For example, your son will have her share of trust when she finishes college. That is called setting conditions for distribution.

  • Legalize with the documents.

You’ll need to make your trust legally binding. This means completing your trust documents and executing them according to the laws in your state. In most states, this involves signing your trust document in the presence of two witnesses, who should also sign.

Make the trust legally binding with proper documentation, and get your trust notarized and registered with your county.

  • Fund your trust with assets.

Funding your trust with assets is an important step. Your trust can’t function as intended until you fill it with assets. Depending on the trust type, these assets may include real estate property, bank accounts, life insurance policies, non-cash assets (like stocks, bonds, and mutual funds), digital assets (including cryptocurrency), and any personal items that are valuable or important to you.

Transferring assets into a trust can take time and effort, but it’s necessary. You should start by contacting the institutions that manage your assets.

Conclusion

A trust fund provides more control, privacy, and specificity. It can help you minimize estate taxes and avoid probate, saving your beneficiaries time, money, and piles of paperwork. At Family Law Richard E. Young & Associates, we are ready to do the legwork and are committed to singularly working for you. Find more about our services here or call us at (949) 951-9529.

Types of Child Custody You Need To Know

Divorce is a very sensitive matter, and when children are involved in a divorce, there may be an impact on their emotional and mental health. Therefore, it becomes important for both parents to deal with this matter with the utmost care and consciousness. So, if you’re a divorcing couple and wish to learn more about the process of child custody, continue reading.

Types of Child Custody

There are two different types of custody. The following are:

1. Physical custody

a. Joint

b. Sole

2. Legal custody

a. Joint

b. Sole legal

Let’s learn about both custodies in detail.

  1. Physical custody

Physical custody helps in determining what percentage of time the child lives with each parent.

Factors The Court May Consider When Awarding Physical Custody

  • Which child is going to school?
  • Where is the child currently living?
  • Which parent is more attentive to the child’s physical, emotional, educational, and special needs?
  • Which parent has spent more time with the child?

2. Legal custody

Legal custody gives more rights to one parent to make major decisions about their child’s:

  • Education
  • Health
  • Religious Upbringing
  • Doctor, Dentist, Orthodontist, or Other Healthcare Professionals (except in emergency situations)
  • Sports, Summer Camps
  • Travel and Vacation
  • Extracurricular Activities
  • Residence

In addition, in legal custody, either parent can decide alone; both parents do not have to agree on every decision about these aspects of their children’s lives. But to avoid ending up back in court and having more conflicts, it is suggested that both parents should communicate with each other and cooperate in making decisions together for the wellbeing of their children.

The Bottom Line

For a comprehensive overview of the child custody and visitation process, contact the team at Family Law Richard E. Young & Associates. We are well-versed in California laws and will work directly with you to reach your desired results. Contact our firm today at (949) 951-9529 or visit our website for further information.

4 Benefits of Getting a Restraining Order

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Certain events in life can be traumatizing for people, like abuse, being stalked and threatened, or personal property damage. For events such as this, the victim can file a restraining order against the abuser. The law will ensure that the perpetrator does not come into contact with the victim by any means, not even calls or texts. Any sort of contact initiated by the perpetrator is seen as a violation of the law and they can be fined and sent to jail depending on the severity of the transgression. The following are four benefits of getting a restraining order if you feel unsafe with someone.

  • You can request a restraining order for free through a civil court.  

Courts are quick to give out restraining orders under valid terms and conditions. One can request a restraining order against someone who has been abusing or threatening him or her. It is free of charge and can be approved in a day at most to take effect.

  • A restraining order will prevent the abuser from coming to your workplace.

Having the thought that you are unsafe at your workplace is quite distressing. A restraining order stops your abuser from coming to your workplace. To make yourself secure, obtain a restraining order and work in peace knowing that you are protected by the law against a certain person.

  • A restraining order shuts down all means of contact for the perpetrator.

With a restraining order, you are not only safe from their in-person presence, but they cannot reach you online on any platform, neither calls nor texts or emails. The court goes above and beyond with its restrictions on mail as well.

  • You are entitled to keep your personal information private.

If you think that a restraining order might reveal your new address or other personal information to the perpetrator, you can easily opt for your information to be kept private. This way, you and your personal whereabouts are safe.

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Conclusion

 The paperwork and procedures of the restraining order might look complicated but with the help of a lawyer, you can file for one. You deserve to have justice and feel safe. Whether you have been a victim of stalking or unjustly accused of breaking a restraining order, Family Law Richard E. Young & Associates can fight for you. Our services include family law, trust law, bankruptcy law, and more. Give us a call at (949) 951-9529 to schedule an appointment with us. Visit our website for more information.   

Reversing a Legal Separation

The process for a legal separation is essentially the same as for a divorce, but with the option for it to be reversed. Unlike divorced couples, legally separated couples can reconcile their differences in court, re-enter the marriage, and return to joint status. Below, we discuss the required steps for couples hoping to reverse a legal separation in the state of California.

Step 1

The most important factor in reentering a marriage following a separation is that both spouses agree on doing so. Ideally the couple will have since resolved some or all of the major matters that initially lead to the separation.

Step 2

With your written Order of Legal Separation in hand, couples can draft a motion to Vacate Order of Legal Separation. This document is essentially the formal document needed to ask the court to review their request.

Step 3

One a motion has been drafted, the court will require you to draft an official Order to Vacate Order of Legal Separation. This is the second step in confirming with the court that you wish to be remarried.

Step 4

The final step is to file the Motion and Order to Vacate with the clerk of the family court where the legal separation was initially filed. Be sure to include a copy of the original Order of Legal Separation at the time of filing and keep in mind that there is typically a filing fee due at the time of filing, which must be paid before the motion will be accepted.

Final Thoughts

Southern California residents seeking to reverse their legal separation can trust that Richard E. Young Family & Associates will get the job done as quickly and thoroughly as possible. We will help you legally resolve any and all issues in family court including custody, child and spousal support, property division, separate and community property characterizations and disputes, business valuations and division and more!

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