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Telltale Signs You Should Consider Getting a Divorce

February 18, 2022 / / 0 Comments
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There is trouble in every happy marriage. Couples fight for various reasons and there is always a difference of opinion. But when one sees no light at the end of the tunnel for their marriage, it is time to consider divorce as an option. Determining whether your failing marriage is beyond repair now is definitely not an easy decision to make. There are so many variables that come to mind. The uncertainty of what will happen next can be mind numbing and paralyzing. Here are some signs that you should consider getting a divorce.

1) Indifference to each other has become quite common.

Indifference for an extended period of time for your partner is an early sign that things are about to go south. When you stop caring about what your significant other is doing or thinking, it is extremely difficult to come back from this point. With such emotions, one loses the ability to listen and connect even on a basic level.

2) You feel bitter resentment for your relationship.

It is a definite route to divorce when you start feeling resentment for your partner. Experts believe that when negative feelings flood you over every time you think about your partner, the marriage is about to end. This also includes when both individuals are no longer interested in communicating properly to reach a solution – mainly because they are too angry and resentful. The frustration built up due to resentment leads to worse consequences.

3) You can’t get rid of drama.

Constant fighting, cold shoulders, silent treatments, leaving and then returning – does it sound like a routine now? No one should be in this cycle. It is mentally and emotionally draining. If it feels like whatever you do, you just can’t escape the drama, then it’s a red flag again. One needs to sit down and talk everything out like adults, even if it is the topic of divorce or separation.

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Conclusion

Divorce is a messy affair to deal with. If you have taken the final decision for it, then you need a good divorce lawyer to get you through the legal structure of the entire process. Here at Family Law Richard E. Young & Associates, we have a team of highly experienced lawyers who deal with legal cases for divorce, custody, visitation, support, and much more. Call us at (949) 951-9529 for consultation with us. Check our website for more information.

Related: What to Look for in a Divorce Lawyer? 

The Division of Assets and Debt in a Divorce

December 17, 2021 / / 0 Comments

Getting a divorce is a tiring and frustrating process for many. Not to mention, most disagreements during the process happen the most while dividing up assets and debt. So how does one navigate this? The first step is to understand what exactly can and cannot be divided. In this month’s blog, we discuss the differences between community property and separate property and how this affects the split in assets. 

Community Property vs. Separate Property

Depending on the state, there may be different property division laws when it comes to divorce. Here in California, the community property standard is used to determine what assets are divided between spouses. These are generally things that domestic partners own together and have purchased during the course of their marriage as well as any earnings and debt. However, this does not include any gifts or inheritances.

For example, you may be wondering who gets the car. If the car was purchased using money earned during your marriage, then it belongs to both you and your spouse even if you solely paid for it. This is because the savings you used to purchase the vehicle was earned while you were married and is now considered community property. This also applies to any accumulated debt or financial obligations even if it was incurred by one person only.

Basically, community property and community debt are divided evenly between partners. However, this does not necessarily mean that it’s always divided 50/50. Certain situations can bypass this ruling such as a prenuptial or postnuptial agreement that explicitly states certain assets or property remain separate in the event of a divorce. Spouses can also agree on different plans for splitting and alimony.

On the other hand, separate property is anything an individual owned before they were married. This includes inheritances, gifts, rents, profits, and any income they earned before joining in matrimony.

For example, if you had instead purchased a car using money you inherited from a relative, then that car belongs to you even if it was purchased during your marriage. This is because you were using money that is considered separate property.

In addition, separate property is also anything you acquire or earn after getting divorced. The date of separation is important because it can determine the difference between community property and separate property.

Agreeing on What to Divide

Trying to divide up the property between you and your spouse can get very tricky. There will most likely be some disagreements, especially if it’s a contested divorce. In this case, hiring a lawyer is your best option for a mediation. However, if you both decide to divide it up yourselves, here are some steps to take:

  1. Make a list of everything valuable.
  2. Determine which items or belongings are community property or separate property.
  3. Agree on the fair market value of each property.
  4. Get the judge’s approval.

Overall, it’s still best to go over your community property with a lawyer in order to keep things organized and fair. In this stage, being transparent and honest is extremely important and you should not try to keep anything hidden. Otherwise it will lead to even more conflict down the road and you may even face penalties.

Get Legal Support

It usually gets very confusing trying to determine what belongs to who, especially if you’re uncertain about the source of money. That’s why you should put your trust in Family Law Richard E. Young & Associates. With decades of experience, we will provide the necessary guidance and support to make your divorce hassle free. We will work hard to get the best possible results. Visit our website to learn more and schedule an expert consultation to address any questions or concerns.

Reversing a Legal Separation

September 10, 2021 / / 0 Comments

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!

Legal Separation vs. Divorce

August 30, 2021 / / 0 Comments

When married couples find themselves at a crossroads it’s often a choice between separation and divorce. What separates these legal processes can be confusing and most couples are often left with more questions than answers. In this month’s blog, we define and clearly distinguish the similarities and differences between filing for legal separation vs filing for divorce in California.

Definitions

A legal separation is defined as an ordered agreement in which married couples have legally defined boundaries and responsibilities. This is often a three to four month process that couples take prior to filing for an official divorce sometimes due to financial or religious reasons, or because it was required by a judge. A separation can be reversed in court upon all parties’ agreement in the decision.

Divorce is the irreversible legal dissolution of a marriage in court. This process will take at least six months of hearings, negotiations, and court ordered agreements before it will be finalized by a judge and made permanent.

The Similarities

It is not necessary for both spouses to agree to end a marriage when separating or divorcing. In California, couples filing for these processes also do not have to prove that there was a ‘fault’ by either spouse that lead to the decision.

Throughout both of these processes couples will have to agree on the terms of child custody and support, alimony, child visitation, attorney’s fees, and the division of assets or property. So essentially, the settlement agreement in a legal separation is almost identical to a divorce settlement agreement.

The Major Differences

The main difference between legal separation and divorce is that when a legal separation is finalized, the parties do not revert to “single person” status. This is important to note for taxes and health insurance reasons. Ultimately, the most notable difference between legal separation and divorce is that divorce is final.

Final Thoughts

If you or someone you know is preparing for divorce or legal separation in Southern California, it’s crucial that obtaining a lawyer comes first and foremost. When choosing Family Law Richard E. Young & Associates as your counsel you will benefit from decades of industry experience combined with a reputation for honesty and success. Visit our website or call us today at (949) 951-9529 for your free initial consultation.

Divorcing with Pets

July 30, 2021 / / 0 Comments

Couples have been mercilessly fighting over pets in courts for decades. In recent years, California lawmakers have made some major changes to how animals are shared and divided between divorcing couples. While following along below, keep in mind that the California laws that have been passed are not obligatory, meaning judges still have the authority to call these cases as they see fit.

The Best Interest

At the start of 2019 California legal experts had to begin adjusting the way they handled pets and divorce in court due to a newly passed law. In late 2018 NBC reported on the new law saying, “The measure provides judges with the power to consider what’s in the best interests of the animal in divorce cases, instead of treating them the way they’ve been treated by courts in the past — as physical property.”

This means judges should consider what’s in the best interests of the animal, very similarly to how child custody cases are resolved in court. It’s up to judicial discretion to create a shared custody agreement by taking into consideration factors like who walks, feeds and plays with the pet when deciding who the animal should live with and when.

Service Animals and Emotional Support Animals

As of present emotional support animals don’t qualify as service animals in the legal system and are not protected under the Americans with Disabilities Act. Also, under the ADA only dogs can legally be considered service animals, with a rare exception only for miniature horses. 

In a California divorce case service animals will go on to continue living with the individual that the animal was initially placed with for medical reasons. However, since ‘emotional support’ animals are not typically recognized as legitimate by the courts, each individual judge will have to establish custody agreements based on their personal discretion which can vary case to case. 

Final Thoughts

If you or someone you know is going through divorce with pets call on the local pros of Orange County Family Law Richard E. Young & Associates for help. We are the easiest law firm to work with in the county and have an A+ rating among our local community. Our team specializes in divorce and family law including custody, trusts, visitation, domestic violence, bankruptcy and much more!

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